Terms of ServiceServerel is a professional high tech company that manages servers on a global basis. Our staff is dedicated to the utmost in security, reliability, and courtesy.
SERVEREL CORPORATION TERMS OF SERVICEThe following guidelines and rules regarding Serverel's terms of service are:
- Client/Customer agrees and confirms to pay for Serverel's hosting in advance of each monthly service cycle.
- Client/Customer agrees to pay for Serverel's services via automatic bill payment if a credit card is used unless otherwise determined by Serverel.
- Client/Customer agrees to the terms provided by the service plan selected by the client/customer from the online order form or from the selection of services from promotional codes.
- Should Client/Customer fail to make payment a 7 day notice of cancellation of services will incur. All outstanding balances must be resolved within the 7 day grace period. Should non payment occur within the 7 day grace period cancellation of services will occur.
- Serverel maintains the right to terminate any service immediately to the subscriber should Serverel determine said subscriber has violated the terms of service agreement.
Prohibited ContentClient/Customer shall not engage in the posting, transmission, storage of information, data, and content that Serverel deems a violation of any relevant law, regulation, ordinance, or court order.
It is the Client/Customer's sole responsibility for determining the applicable laws and/or regulations regarding the use of Serverel's services. Such prohibited content includes without limitation to the 1.) Content or code that violates Serverel's Terms of Service. 2.) The harvesting of addresses and/or information 3.) Engaging in "phishing" websites.
System and Network Security
Any violations of Serverel's system and/or network security are of course strictly prohibited and should such vilations occur they may result in criminal and/or civil liability. Serverel.com will investigate any and all such incidents of system and network security violations and will be in full cooperation with all law enforcement agencies should such violations be suspected and/or confirmed.
Examples of system or network security violations include, without limitation, the following:
- The introduction of malicious programs/software into Serverel's network or server (i.e.: viruses, worms, trojan horses, key loggers, and other executables with the intent to do harm).
- The effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
- The executing any form of network activity that will intercept data not intended for the Customer's server.
- The circumventing user authentication or security of any host, network or account, including “cracking”.
- The interfering with or denying service to any user, host, or network other than the Customer's host (example: denial of service attack or distributed denial of service attack).
- The conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers (“spoofing”) or other identification information.
- The using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.
- The failing to comply with the Serverel.com's procedure relating to the activities of Customers on the Serverel.com's premises. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Such labor is categorized as emergency security breach recovery and is currently charged at $100.00 USD per hour required. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations.
Email PolicyServerel.com has a no tolerance policy on SPAM, Junk E-mail or UCE. Spam, Junkmail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Serverel.com whether or not the message actually originated from our network.
Rules regarding Mailing Lists: Serverel.com's mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.
Should you engage in actions that cause Serverel.com mail servers or Serverel.com IP address ranges to be placed on blacklists and other mail filtering software systems used by companies on the internet, you will be assessed a $100 charge to your account and $25 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.
Violation of the any of the above terms of service will result in one or all of the following:
- A phone and/or email warning.
- The immediate disconnection of service with no re-activation.
- $100 fee assessed to your account for violation.
Copyright InfringementYour use of Serveral.com's servers and resources must at all times be of a lawful intent. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, International, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Creating, utilizing, or distributing unauthorized copies of software are a violation of federal and state, and international law. Should you copy, distribute or install software or content that is unlawful of another person or company's content, you would be in violating federal and/or international copyright law. Serverel.com will cooperate with all law enforcement agencies in relation to alleged copyright infringement deposited in our datacenters.
Suspension and Cancellation
Serverel.com reserves the right to suspend service to any Customer for violation of the Terms of Service. Serverel.com will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Serverel.com reserves the right to terminate service without notice for continued and repeated violations of the ToS. Continued violations of the ToS resulting in cancellation of services will also result in a fee in the amount of $100 and contract acceleration for all amounts outstanding under the contract term.
Service Level Agreement
Serverel.com endeavors to have network connectivity available for access by third parties 99.5% of each month. In the event that there is no network availability, Serverel.com will credit the monthly service charge for the Service at the rate of 5% for every 30 minutes past 99.5% availability in a given month. Credits shall not be provided in the event that there is no network availability resulting from (i) scheduled maintenance, (ii) Customer behavior or the performance or failure of Customer applications, or (iii) circumstances beyond Serverel.com's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation). Serverel.com is not responsible for any additional loss and/or damage as a result of no network availability. While Serverel.com attempts to keep regular backups of data stored on our systems, Serverel.com does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, the client is responsible for making backups of data. Serverel.com does not guarantee that its backup procedures will prevent the loss of, alteration of, or improper access to our clients' information.
Resellers are responsible for the conduct of their Customers and by agreeing with this ToS, agree that their Customers will adhere to the ToS. Resellers should make their perspective Customers aware of the ToS and the consequences for violation.
Customer agrees that it shall defend, indemnify, save and hold Serverel.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Serverel.com , its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Serverel.com against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Serverel.com service, any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement, or any defective product which Customer sold on Serverel.com service.