Please Read Terms Before Purchase
This Service Agreement is between SSISG and client. This Agreement governs the client’s use of SSISG’s services.
Services.
Subject to the terms of this Agreement, SSISG agrees to provide the services described in the Agreement for the fees stated. In the event the client the breaches SSISG’s TOS and AUP, services will be terminated.
Term.
The initial service term of the Agreement shall begin on the date that SSISG generates an e-mail message to client announcing the activation of the client’s account and shall continue for the number of days, months, and or years stated in the Agreement. An email notification will be sent prior to the end of this agreement for renewal.
Payments.
In the event you fail to pay your invoice by the due date, we reserve the right to suspend your entire account and a late fee of $125 applies. If your invoice is still not paid by the 1st day from the due date on the invoice, we reserve the right to terminate your service entirely and reformat your service.
Client Information.
Client represents and warrants to SSISG that the information they have provided and will provide to SSISG for purposes of establishing and maintaining the service is accurate and current.
Indemnification.
Client agrees to indemnify and hold harmless SSISG, SSISG’s parent company, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of client’s services in violation of applicable law or the AUP by client or any person using client’s log on information, regardless of whether such person has been authorized to use the services by client.
Disclaimer of Warranties.
SSISG DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW SSISG DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
Limitation of Damages.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF SSISG AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CLIENT FOR THREE MONTHS OF SERVICE.
Suspension/Termination of Service.
Client agrees that SSISG may suspend services to Client without notice and without liability if: (i) SSISG reasonably believes that the services are being used in violation of the AUP; (ii) Client fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) SSISG reasonably believes that the suspension of service is necessary to protect its network or its other clients, or (iv) as requested by a law enforcement or regulatory agency. Client shall pay SSISG’s reasonable reinstatement fee if service is reinstituted following a suspension of service.
Resource Usage
SSISG Clients may not initiate the following (below), if any client does SSISG may terminate the account with no refund. Depending on the situation there will/won’t be warnings sent.
Use 25% or more of system CPU resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Use of any kind of distributed computing software, including but not limited to SETI@home, Node Zero and Folding@home
Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed (applies to shared/reseller hosting only).
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons (applies to shared/reseller hosting only).
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any file sharing, bit torrent or other P2P network services, client or server software.
Run any gaming servers such as counter-strike, half-life, battlefield 1492, etc
Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Domain Registration Agreement
If you register a domain name with SSISG, the name that is registered is valid for one year. In the event that you would like to extend the registration of that name, it will have to be renewed prior to the end of the renewal date.
Requests for Client Information.
Client agrees that SSISG may, without notice to Client, (i) report to the appropriate authorities any conduct by client or any of client’s clients or end users that SSISG believes violates applicable law, and provide any information that it has about client or any of its clients or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Back Up Copy.
Client agrees to maintain a current copy of all content hosted by SSISG nothwithstanding any agreement by SSISG to provide back up services.
Request for Rebuild/Restore of Hosting Package
During any service term, client may request up to two free rebuilds for a control panel change and one free rebuild/restore for any reason of choice. If a client should need to request a rebuild/restore after this a $75 one time fee will be enforced.
Changes to SSISG’s Network.
Upgrades and other changes in SSISG’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of client’s hosted content and/or applications. SSISG reserves the right to change its network in its commercially reasonable discretion, and SSISG shall not be liable for any resulting harm to client.
Notices.
Notices to SSISG under the Agreement shall be given via electronic mail to the e-mail address posted for client support on http://www.ssisg.com/support. Notices to client shall be given via electronic mail to the individual listed as the Primary Client Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Client may change his, her or its notice address by a notice given in accordance with this Section.
Force Majeure.
SSISG shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond SSISG’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Miscellaneous.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Client’s purchase order or other business forms are not binding on SSISG unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the clients of resellers are third party beneficiaries to the Agreement. Client may not transfer the Agreement without SSISGs prior written consent.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral.
SSISG reserves the right to change this agreement at any time.