Terms of Service
Sprintserve.net Webhosting Terms of Service
Sprintserve.net provides the Sprintserve.net service to you, subjected
to the "Terms of Service" ("TOS"), which maybe
updated by us from time to time. Sprintserve.net ("Sprintserve")
will take effort to notify you via the email you had provided. Sprintserv.net
reserves its rights to amend the TOS without notice to you. The
current version of the TOS will always be found at http://www.sprintserve.net/tos.php
Access to the network and services of Sprintserve Internet Services,
granted to you is subject to the following terms and conditions:
1. Sprintserve's Liability
Sprintserve makes no warranties of any kind, expressed or implied,
for the service it is providing. Sprintserve also disclaims any
warranty of merchantability or fitness for a particular purpose.
Sprintserve will not be responsible for any damages you may suffer.
This includes loss of data resulting from delays, nondeliveries,
misdeliveries or service interruptions caused by the negligence
of you or of Sprintserve, errors or omissions, or due to inadvertent
release or disclosure of information sent by you.
2. Content and Acceptable Use
Sprintserve exercises no control over, and cannot be held liable
for, the content of the information passed through its network.
Sprintserve's services may only be used for lawful purposes. Unauthorized
transmission or storage of any information, data or materials in
violation of any law or regulation of the United States, any state
thereof or you's business location is expressly prohibited. This
includes, but is not limited to, material which is copyrighted or
protected by trade secret. The Customer agrees to indemnify and
hold harmless Sprintserve from any claims (including Sprintserve's
legal fees) resulting from your use of service which damages you,
or any other party or parties. The Customer also agrees to follow
the Acceptable Use Policies (AUP) of Sprintserve, as now in existence
and as they may be amended from time to time, displayed prominently
in electronic form at http://www.sprintserve.net/legal.php, and
incorporated herein by reference as if reprinted in full. The customer
agrees, when accessing another network through Sprintserve's network,
to abide by the rules of that network as well.
3. Payment and Contingencies
All invoices shall be deemed final and binding unless Customer notifies
SPRINTSERVE NET in writing of any alleged discrepancies no later than
seven (7) days from the date of such invoice(s). Payment is due by the date
indicated on the invoice. ANY CHANGES OR ALTERATIONS OF THIS SCHEDULE
MUST BE SET FORTH IN WRITING AND
SIGNED BY THE CLIENT AND BY AN AUTHORIZED REPRESENTATIVE OF SPRINTSERVE.Accounts
are in default if not received by the due date indicated on the
invoice. If you fails to make payment by the date indicated on the
invoice, or if payment is returned to Sprintserve unpaid, Customer
is immediately in default and subject to a returned payment charge
of $50 dollars from Sprintserve. Accounts unpaid after the due date
indicated on the invoice may have their service interrupted. Such
interruptions do not relieve you from the obligation to pay the
monthly account charge. Accounts in default are subject to an interest
charge of 1.5 percent per month, or you's state's or country's legal
maximum allowable rate, whichever is less. If you defaults, you
agrees to pay Sprintserve its reasonable expenses incurred in enforcing
its rights under these terms and conditions, including legal and
collection agency fees. An act of default accelerates payments to
be due immediately, as credit is no longer being extended.
4. Other Agreements and Assignment Rights
These terms and conditions supersede all previous representations,
understandings or agreements, and shall prevail notwithstanding
any variance with terms and conditions of any order submitted. Sprintserve
also reserves the right to use subcontractors of its choice or to
assign the active account to another entity.
5. Determination of Outage Credits
An "outage" is defined as a disruption of normal network
data throughput capacities, outside of reasonable and expected variances.
An outage, for the purposes of "outage credits," may not
a. Normal periodic but scheduled maintenance time performed by
Sprintserve for the purposes of upgrading or maintaining its network.
b. Internet or network problems external to the Sprintserve network
and beyond its direct control.
c. Issues related to specific Internet Service Providers, Network
Access Points (NAPs) or Internet Routes. These will be dealt with
through the normal Sprintserve Network Operations troubleshooting
process and handled on an individual basis.
The Customer will pay 100 percent of the full monthly connection
fee regardless of any "outage" time, unless the outage
time meets the following criteria. If there is more than thirty
(30) consecutive minutes of outage, or a total of sixty (60) minutes
of outage time on any given day, you will receive a credit on you's
bill equal to that day's fee, defined as the monthly fee divided
by the number of days in the month in which the outage occurred.
6. Service Maintenance
a. Except as otherwise agreed, Sprintserve shall exercise reasonable
efforts to achieve restoration of service, in the case of an outage
as above defined, as quickly as is feasible, provided you expressly
acknowledges that Sprintserve is not, in the case of any outage
of any length, liable for any restitution to the customer beyond
the granting of outage credits as delineated above. If Sprintserve
investigates an outage at your request and determines the outage
to be the responsibility of you, you may be billed for the Sprintserve
employee(s)' time at Sprintserve's then-current rate.
b. Sprintserve will provide a Network Operations Center (NOC) responsible
for monitoring Sprintserve's network on a 24-hour-per-day, 7-day-per-week
basis. The services provided to you by the NOC or any other Sprintserve
employee are subject to change at Sprintserve's discretion and without
prior notice. Services provided by the NOC or any other Sprintserve
employee outside of their standard duties may be billed to you at
Sprintserve's then-current rate. No Sprintserve employee will perform
services requiring billing beyond the monthly rate stipulated in
you's Service Agreement without the request or consent of you or
you's authorized representative(s).
c. The Customer explicitly agrees that Sprintserve may, without
prior Customer approval, use any subcontractor that Sprintserve
chooses for installation, maintenance or other services under obligation
to Sprintserve under this agreement. Use of any subcontractor does
not relieve Sprintserve of any of its obligations as set forth in
7. No Liability or Right to Cancel for Acts or Omissions Beyond
Sprintserve shall not be liable for, nor shall any customer be
entitled to cancel its contract, because of any outage or downtime
resulting from any failure of performance or equipment due to causes
beyond its control, including but not limited to: acts of God, fire,
flood or other catastrophes; acts or omissions of third parties;
any law, order, regulation, direction, action, or request of the
United States Government, or of any other government, including
state and local governments having or claiming jurisdiction over
Sprintserve, or of any department, agency commission, bureau, corporation
or other instrumentality of any one or more of these federal, state,
or local governments, or any civil or military authority; national
emergencies; insurrections; riots; wars; unavailability of rights-of-way
or materials; or strikes, lock-outs, work stoppages, or other labor
8. Cancellation Procedures for Customers Within Right to Cancel
Customer explicitly agrees that while Customer has an active contract
with Sprintserve, Customer may not terminate its contract. Customer
may cancel account by providing Sprintserve thirty (30) days' written notice
of service termination prior to the expiration of the current term.
Without notice, the Customer shall automatically renew for successive
terms equal in length to the then-current term.
9. 14 Days Money-Back Guarantee
Customer may, within 14 days of the date of activation, cancel
their account and have all monies refunded. However, if the client uses more than 50% of the resources they
sign up for within the stipulated period, they may not be eligible
for the Money-Back Guarantee. Sprintserve will be the sole arbitrator
of this guarantee. The money back guarantee applies only to shared hosting plans.
All fees submitted for domain name registration and renewal are strictly non-refundable as per ICANN's policy.
Questions about these Terms and Conditions or other account matters
should be directed to firstname.lastname@example.org via electronic mail,
or to the Client's Authorized Sprintserve Account Manager.