All users of Affordable Internet Services
Online, Inc.'s ("Synervation Green Hosting") services, and all
customers upon signing up for and continuing to
use Synervation Green Hosting's services,
agree to be bound by the following terms and
conditions.
Synervation Green Hosting's Spam And Abuse Policy
Synervation Green Hosting's SLA
The spirit of the Terms Of
Service ("TOS") is to ensure customers are using
Synervation Green Hosting's services with due regard to the rights of
other Internet users and in conformity with the
requirements of Synervation Green Hosting's network environment. The
TOS are not exhaustive and Synervation Green Hosting reserves the
right to add, delete, or modify any provision of
its TOS at any time without notice, effective
upon either the posting of the modified TOS to
www.Synervation Green Hosting or notification of the modified TOS.
Any complaints about a customer's violation of
the TOS should be sent to. This
TOS supersedes any other agreement with Synervation Green Hosting,
whether written, oral, by conduct, or otherwise.
A. Synervation Green Hosting Web Hosting & E-commerce
Customer Restrictions
B. Synervation Green Hosting Dedicated Server Customer
Restrictions
C. Synervation Green Hosting Co-Locate Server Customer
Restrictions
D. Synervation Green Hosting
MyGreenMailingList ANTI-SPAM Policy
E. Synervation Green Hosting
Website Design/Website Re-Design Billing Policy
F. All Synervation Green Hosting Customer's Billing Policy
G. All Synervation Green Hosting Customer's Terms Of
Service
A. Synervation Green Hosting Web Hosting & E-commerce
Customer Restrictions
The following Terms Of Service apply only to
Synervation Green Hosting's Web Hosting and Ecommerce customers, and
supplement the terms in sections F and G that
apply to all Synervation Green Hosting customers:
Server Resources
Any Web site that uses a high amount of server
resources (such as, but not limited to, CPU
time, memory usage, and network resources), as
measured by Synervation Green Hosting, will
be given the option to either pay additional
fees (which will depend on the resources
required), reduce the resources used to an
acceptable level, or upgrade its service to a
Dedicated Server plan. Synervation Green Hosting will be the sole
arbiter of what is considered to be a high
server usage level. Any Web Hosting and
E-commerce account deemed to be adversely
affecting server performance or network
integrity will be shut down without prior
notice. If your site is shut down, you will not be eligible for the uptime agreement.
Spamming
Sending unsolicited bulk and/or commercial
messages ("UCE") over the Internet (known as
"spamming") is prohibited, regardless of whether
or not it overloads a server or disrupts service
to Synervation Green Hosting's customers. The term "spamming" also
includes, but is not limited to, maintaining an
open SMTP policy, engaging in spamming using the
service of another ISP or IPP and referencing in
the spam a Web site hosted on a Synervation Green Hosting server, or
selling and/or distributing software (on a Web
site residing on a Synervation Green Hosting server) that facilitates
spamming. Violators will be assessed a
non-refundable minimum fine of $200 and will
face immediate suspension. Synervation Green Hosting reserves the
right to determine, in its sole and absolute
discretion, what constitutes a violation of this
provision.
CGI Scripts
Any scripts, in any programming language that
pose a potential security risk or are deemed to
be adversely affecting server performance or
network integrity will be shut down or will be
automatically removed without prior notice. Synervation Green Hosting
does not permit CGI script sharing with domains
not hosted by Synervation Green Hosting or any scripts that may be
abused for UCE purposes.
Chat Rooms
Synervation Green Hosting does not allow Web Hosting and E-commerce
customers to install their own chat rooms. Chat
rooms tend to require significant system
resources and therefore cannot be permitted as
an account option. However, for a small charge,
Synervation Green Hosting provides Java chat rooms that meet most
users' needs and run without hindering system
performance.
Background Running Programs and Cron
Jobs
Synervation Green Hosting may allow programs to run in the
background. These programs will be considered on
an individual basis and Web Hosting and
E-commerce customers will incur extra charges
based on system resources used and operational
maintenance needed. If you wish to run
background programs please contact Synervation Green Hosting at
so that we can arrange set-up.
IRC
Synervation Green Hosting does not allow IRC or IRC bots to be
operated by Web Hosting and E-commerce
customers.
Software Distribution
Synervation Green Hosting's Web Hosting accounts are NOT configured
for the purposes of distributing software and/or
multimedia products.
E-commerce accounts ARE configured for the
purposes of distributing software and/or
multimedia products. You can install any e-commerce software on your web hosting account you wish, but it is not supported by Synervation Green Hosting.
Multimedia Files
Multimedia files are defined as any graphics,
audio, and video files. Synervation Green Hosting Web Hosting and
Ecommerce accounts are can be used for the
purposes of distributing and storing unusual
amounts of multimedia files as long as the space
of your web hosting plan has not been exceed.
Databases
Any database stored on Synervation Green Hosting's Web Hosting and
E-commerce servers will be limited in size to
10% of the total disk space allotted for that
particular domain's plan/web hosting account
except for access databases.
E-commerce Store Plans
All Synervation Green Hosting E-Commerce Store Web Hosting Plans have custom proprietary e-commerce software that is owned by Synervation Green Hosting. Since we developed and maintain our proprietary E-Commerce technology, Synervation Green Hosting gives you only rights to use the software until your account is cancelled.
This right does not give you any ownership to the software, source code, store design/look and/or store data. Customer agrees and acknowledges that any software or applications that are provided as a part of the Synervation Green Hosting E-Commerce Store Services may include errors or bugs that may result in erroneous information, including but not limited to, computations and calculations, for the Customer. Customer agrees that Synervation Green Hosting is not responsible or liable for any errors, bugs, malfunctions, or incomplete or erroneous information that may result from Customer's use of Synervation Green Hosting E-Commerce Store Services or from any related software or applications that are provided by Synervation Green Hosting or a third party. Customer agrees and acknowledges that any tax computation(s) that Customer generates or requests from Synervation Green Hosting E-Commerce Store Services may not be reliable and Customer should therefore always use a third party professional to calculate any and all taxes. Customers expressly agrees that Synervation Green Hosting is not responsible or
liable in any way to the Customer for the accuracy of any tax computation or calculation of any kind that the Customer performs using Synervation Green Hosting E-Commerce Store Services, any related software or applications. This Agreement does not transfer from Synervation Green Hosting to You any Synervation Green Hosting developed, licensed, or owned technology, and all rights, title, and interest in and to such technology will remain solely with Synervation Green Hosting. The customer agree that they will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from Synervation Green Hosting.
Synervation Green Hosting grants to You a personal, nontransferable and nonexclusive right to use the object code of its Software only on a server controlled by Synervation Green Hosting for the sole purpose of using the Service; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided or authorized by Synervation Green Hosting for use in accessing the Service. You may not use web pages or parts of web pages generated by means of the Software, other than Content that originates from and is proprietary to You, on any server other than the servers controlled by Synervation Green Hosting without Synervation Green Hosting's express written agreement. You also acknowledge and agree that the Software is intended for access and use by means of web browsing software, and that Synervation Green Hosting does not commit to support any particular browsing platform. Synervation Green Hosting reserves the right at any time to revise and modify the Software, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the Software, without notice to You. If any revision or modification to the Software materially changes Your ability to conduct business, Your sole remedy is to cancel Your Service.
You can use the Service to facilitate the creation and maintenance of an interactive online store ("Store") for the sale of goods and services. You acknowledge and agree that You will be solely responsible for all goods and services offered at and sold through Your Store, all materials used or displayed at the Store, and all acts or omissions that occur at the Store or in connection with Your account or password. Certain Stores may be subject to additional requirements. You agree to display in Your Store Your contact information, including but not limited to Your company name, address, telephone number, fax number, and email address. You also agree to update such information to keep it true, accurate, current, and complete. Synervation Green Hosting reserves the right to terminate Your Service, or refuse to host or continue to host any Store which it believes, in its sole discretion: (a) has caused a significant number of complaints for failing to be reasonably accessible to customers or timely fulfill customer orders; or (b) has become the subject of a government complaint or investigation. Additionally, Synervation Green Hosting reserves the right to review and remove any Store at any time for non-compliance with any of the Terms within the Terms Of Service.
Upon signing up for an e-commerce store plan you agree to these Terms Of Service.
B. Synervation Green Hosting Dedicated Server Customer
Restrictions
The following Terms of Service apply only to
Synervation Green Hosting's Dedicated Server customers, and
supplement the terms in sections F and G that
apply to all Synervation Green Hosting customers:
Customer Security Responsibilities
The customer is solely responsible for any
breaches of security affecting servers under the
customer's control. If a customer's server is
involved in an attack on another server or
system, it will be shut down and an immediate
investigation will be launched to determine the
cause/source of the attack. In such event, the
customer is responsible for the cost to rectify
any damage done to the customer's server and any
other requirement affected by the security
breach.
IRC
Synervation Green Hosting allows Dedicated Server customers the use
of IRC inside the Synervation Green Hosting network as long as the
use of IRC on a Synervation Green Hosting server does not violate any
of the other terms of these TOS. As a policy,
Synervation Green Hosting will not provide vanity IRC reverse DNS
records. To enforce this policy Synervation Green Hosting does not
turn the reverse address of IPs over to the
customer. Authority over this information
remains with Synervation Green Hosting.
Billing for Network Resources
The customer understands that the customer is
responsible for paying for any network resources
that are used to connect the customer's server
to the Internet. The customer may request that
the customer's server be disconnected from the
Internet, but the customer will still be
responsible for paying for any network resources
used up to the point of suspension or
cancellation.
Your Obligation
You represent and warrant to Synervation Green Hosting that: Your
content does not and shall not contain any
content, materials, data, work, trade or service
mark, trade name, link, advertising or services
that actually or potentially violate any
applicable law or regulation or infringe or
misappropriate any proprietary, intellectual
property, contract or tort right of any person
and that You own Your server content and all
proprietary or intellectual property rights
therein, or have express written authorization
from the owner to copy, use and display the
content on and within Your server account. You
also represent and warrant that the server
content being hosted by Synervation Green Hosting shall not be used
in connection with any illegal activity.
You are responsible for ensuring that there is
no excessive overloading of Synervation Green Hosting's DNS system or
servers. In the event that You exceed Your
allotted bandwidth and thereby overload Synervation Green Hosting's
DNS, network or servers, You shall be assessed any and
all fees, costs and penalties associated with
such overloading. You may not use Synervation Green Hosting's servers
and Your Server Account as a source,
intermediary, reply to address, or destination
address for mail bombs, Internet packet
flooding, packet corruption, denial of service,
or other abusive activities. Server hacking or
other perpetration of security breaches is
prohibited and Synervation Green Hosting reserves the right to remove
dedicated servers that contain information about
hacking or links to such information. Use of
your server account as an anonymous gateway is
prohibited, as is Your use of the Dedicated
Services to restrict or inhibit any other user
from using and enjoying the Internet. You
acknowledge and agree that Synervation Green Hosting has the right to
remove Your server content temporarily or
permanently from its dedicated servers, and/or
reduce and/or restrict network and/or server
resources, if Synervation Green Hosting
is the recipient of activities that threaten the
stability of its network.
You agree not to engage in unacceptable use of
any of the Dedicated Services, which includes,
without limitation, use of the Dedicated
Services to: (i) disseminate or transmit
unsolicited messages, chain letters or
unsolicited commercial email; (ii) disseminate
or transmit any material that, to a reasonable
person may be abusive, obscene, pornographic,
defamatory, harassing, grossly offensive,
vulgar, threatening or malicious; (iii)
disseminate or transmit files, graphics,
software or other material, data or work that
actually or potentially infringes the copyright,
trademark, patent, trade secret or other
intellectual property right of any person; (iv)
create a false identity or to otherwise attempt
to mislead any person as to the identity, source
or origin of any communication; (v) export,
re-export or permit downloading of any message
or content in violation of any export or import
law, regulation or restriction of the United
States and its agencies or authorities, or
without all required approvals, licenses and/or
exemptions; (vi) interfere, disrupt or attempt
to gain unauthorized access to any computer
system, server, network or account for which You
do not have authorization to access or at a
level exceeding Your authorization; (vii)
disseminate or transmit any virus, trojan horse
or other malicious, harmful or disabling data,
work, code or program; (viii) engage in any
other activity deemed by Synervation Green Hosting to be in conflict
with the spirit or intent of this Agreement or
any Synervation Green Hosting policy; or (ix) use Your server as an
"open relay" or similar purposes.
You acknowledge and agree that Synervation Green Hosting has the
right to remove Your server content temporarily
or permanently from its dedicated servers if
your account becomes 30 days or more past due.
You acknowledge that Synervation Green Hosting at its sole
discretion has the right to turn off your
Dedicated Server (s) for non payment of
Dedicated Server fees when such fees are 30 days
past due. You acknowledge that Synervation Green Hosting does NOT
have to allow access to a Dedicated Server(s)
ftp, website, email, source code, pictures,
videos or any other file located on a Synervation Green Hosting
Dedicated Server until payment is received in
full. You acknowledge that you agree with the
all of the terms and agreement of item B, Synervation Green Hosting
Dedicated Server Customer Restrictions.
C. Synervation Green Hosting Co-Locate Server Customer
Restrictions
The following Terms of Service apply only to
Synervation Green Hosting's Co-Locate Server customers, and
supplement the terms in sections F and G that
apply to all Synervation Green Hosting customers:
Customer Security Responsibilities
The customer is solely responsible for any
breaches of security affecting servers under the
customer's control. If a customer's server is
involved in an attack on another server or
system, it will be shut down and an immediate
investigation will be launched to determine the
cause/source of the attack. In such event, the
customer is responsible for the cost to rectify
any damage done to the customer's server and any
other requirement affected by the security
breach.
IRC
Synervation Green Hosting allows Co-Locate Server customers the use
of IRC inside the Synervation Green Hosting network as long as the
use of IRC on a Synervation Green Hosting server does not violate any
of the other terms of these TOS. As a policy, IF
Synervation Green Hosting is providing DNS services to the Co-Locate
Server customer, Synervation Green Hosting will not provide vanity
IRC reverse DNS records. To enforce this policy
Synervation Green Hosting does not turn the reverse address of IPs
over to the customer. Authority over this
information remains with Synervation Green Hosting.
Billing for Network Resources
The customer understands that the customer is
responsible for paying for any network resources
that are used to connect the customer's server
to the Internet. The customer may request that
the customer's server be disconnected from the
Internet, but the customer will still be
responsible for paying for any network resources
used up to the point of suspension or
cancellation.
Your Obligation
You represent and warrant to Synervation Green Hosting that: Your
content does not and shall not contain any
content, materials, data, work, trade or service
mark, trade name, link, advertising or services
that actually or potentially violate any
applicable law or regulation or infringe or
misappropriate any proprietary, intellectual
property, contract or tort right of any person
and that You own Your server, its content and
all proprietary or intellectual property rights
therein, or have express written authorization
from the owner to copy, use and display the
content on and within Your server. You also
represent and warrant that the server being
hosted by Synervation Green Hosting shall not be used in connection
with any illegal activity.
You are responsible for ensuring that there is
no excessive overloading of Synervation Green Hosting's DNS system,
if Synervation Green Hosting is providing DNS services, or servers.
In the event that You exceed Your allotted
bandwidth and thereby overload Synervation Green Hosting's DNS, if
Synervation Green Hosting is providing DNS services, or servers, You
shall be assessed any and all fees, costs and
penalties associated with such overloading. You
may not use Synervation Green Hosting's servers and Your Co-Locate
Server as a source, intermediary, reply to
address, or destination address for mail bombs,
Internet packet flooding, packet corruption,
denial of service, or other abusive activities.
Server hacking or other perpetration of security
breaches is prohibited and Synervation Green Hosting reserves the
right to remove servers that contain information
about hacking or links to such information. Use
of your server as an anonymous gateway is
prohibited, as is Your use of the Co-Locate
Services to restrict or inhibit any other user
from using and enjoying the Internet. You
acknowledge and agree that Synervation Green Hosting has the right to
remove Your server temporarily or permanently
from its network, and/or reduce and/or restrict
network and/or server resources, if Synervation Green Hosting is the recipient of
activities that threaten the stability of its
network.
You agree not to engage in unacceptable use of
any of the Co-Locate Services, which includes,
without limitation, use of the Co-Locate
Services to: (i) disseminate or transmit
unsolicited messages, chain letters or
unsolicited commercial email; (ii) disseminate
or transmit any material that, to a reasonable
person may be abusive, obscene, pornographic,
defamatory, harassing, grossly offensive,
vulgar, threatening or malicious; (iii)
disseminate or transmit files, graphics,
software or other material, data or work that
actually or potentially infringes the copyright,
trademark, patent, trade secret or other
intellectual property right of any person; (iv)
create a false identity or to otherwise attempt
to mislead any person as to the identity, source
or origin of any communication; (v) export,
re-export or permit downloading of any message
or content in violation of any export or import
law, regulation or restriction of the United
States and its agencies or authorities, or
without all required approvals, licenses and/or
exemptions; (vi) interfere, disrupt or attempt
to gain unauthorized access to any computer
system, server, network or account for which You
do not have authorization to access or at a
level exceeding Your authorization; (vii)
disseminate or transmit any virus, trojan horse
or other malicious, harmful or disabling data,
work, code or program; (viii) engage in any
other activity deemed by Synervation Green Hosting to be in conflict
with the spirit or intent of this Agreement or
any Synervation Green Hosting policy; or (ix) use Your server as an
"open relay" or similar purposes.
You acknowledge and agree that Synervation Green Hosting has the
right to remove Your server temporarily or
permanently from its network if your account
becomes 30 days or more past due. You
acknowledge that Synervation Green Hosting at its sole discretion
has the right to turn off your Co-Locate
Server(s) for non payment of Co-Locate Server
fees when such fees are 30 days past due. You
acknowledge that Synervation Green Hosting does NOT have to allow
access to your Co-Locate Server(s) located on
the Synervation Green Hosting network until payment is received in
full. You acknowledge that you agree with the
all of the terms and agreement of item C, Synervation Green Hosting
Co-Locate Server Customer Restrictions.
D. Synervation Green Hosting
MyGreenMailingList ANTI-SPAM Policy
Synervation Green Hosting has a no tolerance spam
policy. Synervation Green Hosting's customer support actively
monitors large import lists and e-mails going to
a large number of subscribers. Any customer
found to be using Synervation Green Hosting for spam will be
immediately cut-off from use of the
MyGreenMailingList Service. If you know of or
suspect any violators, please notify us
immediately at .
Every e-mail must contain a mandatory
unsubscribe link - those individuals who try to
remove this link or do not use a link will be
warned that they are doing so. If the link is
removed, not included or de-activated in any
way, Synervation Green Hosting will terminate the customer's account.
What is Spam?
Spam is unsolicited e-mail also known as UCE
(Unsolicited Commercial Email). By sending
e-mail to only to those who have requested to
receive it, you are following accepted
permission-based email guidelines.
What constitutes a Pre-existing business
relationship?
The
recipient of your e-mail has made a purchase,
requested information, responded to a
questionnaire or a survey, or had offline
contact with you.
What constitutes consent?
The recipient of your e-mail has been clearly
and fully notified of the collection and use of
his e-mail address and has consented prior to
such collection and use. This is often called
informed consent.
Isn't there a law against sending Spam?
The federal anti-spam law went into effect on
January 1st, 2004 and preempts all state laws.
While this new law will not stop spam, it does
make most spam illegal and ultimately less
attractive to spammers. The law is specific
about requirements to send commercial e-mail and
empowers the federal government to enforce the
law. The penalties can include a fine and/or
imprisonment for up to 5 years.
How Synervation Green Hosting protects you from sending spam
Synervation Green Hosting's MyGreenMailingList is a permission-based
e-mail-marketing tool that follows the strictest
permission-based philosophies:
- Communication - Your MyGreenMailingList
registration page already states why you are
collecting the site visitor's e-mail address,
how you plan to use their address, and that you
are following the embedded privacy policy.
Additionally, by accepting our license agreement
you have agreed to use only permission-based
lists and never to sell or rent your e-mail
lists or e-mail addresses.
- Verification
- MyGreenMailingList automatically sends all of
your new subscribers an e-mail confirming their
interest in receiving e-mails from you.
Additionally, if your subscriber changes his or
her interests or unsubscribes, Synervation Green Hosting
automatically sends an e-mail confirmation.
- Unsubscribe
- Every e-mail generated from MyGreenMailingList
must contain an unsubscribe link which allows
your subscribers to opt-out of future e-mail
campaigns and automatically updates your
subscriber lists to avoid the chance of sending
unwanted emails to visitors who have
unsubscribed.
-
Identification - Your e-mail header
information is correct because it is pre-set in
your configuration. Your e-mail campaign's
"From" address is verified and already
accurately identifies you as the sender.
- Contact
Information - all of your e-mails are
pre-filled with your contact information
including your physical address.
How to protect
yourself from Spam: Take the Spam Test
1. Are you
importing a purchased list of ANY kind?
2. Are you
sending to non-specific addresses such as:
sales@domain.com, business@domain.com,
webmaster@domain.com,
info@domain.com,
or other general addresses.
3. Are you
sending to distribution lists or mailing lists
which send indirectly to a variety of
e-mail
addresses?
4. Does your
e-mail's subject line contain false or
misleading information?
5. Have you
falsified your originating address or
transmission path information?
6. Have you used
a third party e-mail address or domain name
without their permission?
7. Are you
mailing to anyone who has not explicitly agreed
to join your mailing list?
8. Does your
e-mail fail to provide a working link to
unsubscribe?
9. Are you
failing to process any unsubscribe requests that
come to you via a reply to your
e-mail within 10
days of the request?
If you have
answered YES to ANY of the above questions you
will likely be labeled a SPAMMER. For more
information visit
The Coalition Against Unsolicited Email.
E. Synervation Green Hosting Website
Design/Website Re-Design Billing Policy
The following Terms Of Service constitute Synervation Green Hosting's
Billing Policy applying to website design and
website re-design and applys to ALL Synervation Green Hosting customers
that request Synervation Green Hosting to design or re-design their
website, or do any programming work for the
customers web site:
Billing Policy
When you contact Synervation Green Hosting to do
design or re-design, a 50% deposit is required.
If you choose to pay by check then payment must
be received within 7 days at our Romoland, CA
office. If payment is not received within 7 days
then you hereby authorize Synervation Green Hosting to charge
your credit or bank debt card that is on file.
This credit or bank debt card is usually the
same card you have authorized for Monthly,
Quarterly, Semi-Annual or Annual payment to
Synervation Green Hosting for your website hosting, e-mail,
dedicated server and/or co-location service
fees. This credit or bank
debt card will then be charged the required 50%
deposit fee.
When you contract with
Synervation Green Hosting to design or re-design your website you
agree to the terms and conditions posted herein.
If you do not agree with the terms and
conditions then you need to use another design
firm to handle your work. You also agree and
authorize Synervation Green Hosting to charge such design or
re-design fees to your credit card or bank debt
card, not limited to the deposit but also the
balance due after the job is complete. All
deposits and design fees are non-refundable.
F. All Synervation Green Hosting Customer Billing Policy
The following Terms Of Service constitute Synervation Green Hosting's
Billing Policy and apply to ALL Synervation Green Hosting customers:
Payments
All charges are shown in US Dollars. Payments
are to be made in US dollars. Synervation Green Hosting accepts the
following types of payment:
Check or Money Order
Credit Card (VISA, MasterCard, American
Express, Discover)
Bank WireTransfer
PayPal
All payments are due on the Account Statement
Date. The Account Statement Date is the monthly
anniversary of the date the account was
activated. If you provide Synervation Green Hosting your credit card
information, you authorize Synervation Green Hosting to automatically
charge your credit or debit card for charges
that apply to your account. Recurring charges
will be posted to your credit card until such
time that you cancel your account in accordance
with Synervation Green Hosting's Billing Policy in the TOS. Charges
subsequent to your initial order will accumulate
in your account until such charges exceed $9.95.
Synervation Green Hosting will then automatically charge your credit
card on the next Account Statement Date. You are
responsible for directly updating, or notifying
Synervation Green Hosting, of any changes to your credit card
(including, but not limited to card number,
expiration date, billing address, or card
status).
Customers not paying by credit card agree to
make payment of their balance due within ten
(10) days of the Account Statement Date.
Accounts that are thirty (30) days past due will
be automatically suspended and website content
will not be made available until account returns
to current status. All past due and unpaid
balances are subject to collection. In the event
of collection, you will be liable for costs of
collection including attorney's fees, court
costs, and collection agency fees.
Billing Cycles (Terms)
Synervation Green Hosting offers four Billing Cycles (terms) for
hosting charges: Monthly, Quarterly (3 months)
Semi-Annual (6 months) and Yearly (12 months).
The Billing Cycle begins on the Plan Activation
Date. Resellers are limited to the Annual
Billing Cycle for all of their accounts except
for their main reseller account. Non-credit card
payment methods are limited to Annual or
Semi-Annual Billing Cycles.
You may elect to change your Billing Cycle at
any time; however, the new Billing Cycle will
only take effect at the time of the next plan
renewal.
All additional features added to an account are
charged monthly, Resellers are charged annually.
Additional items are non-refundable.
Account Renewals
In order to insure uninterrupted service to your
website and/or email, all plans will
automatically renew at the end of the plan's
Billing Cycle. We will inform you of this renewal before your plan is to be renewed via the e-mail account on file. It is up to the customer to make sure Synervation Green Hosting has updated customer information, and that the customer informs Synervation Green Hosting that they wish to renew in a timely manner before the accounts renewal date.
If the customer does not inform Synervation Green Hosting of them wishing to renew before the account renewal date, Synervation Green Hosting can suspend and/or cancel the web hosting account and/or let the domain name registration expire; If this occurs, Synervation Green Hosting is not responsible for any issues, loss of business and/or fees arising from this. Plan renewal charges are based on
the prevailing rate on the date of renewal
according to the service selected. Plans are
renewed for the same billing cycle. If you wish
to cancel your plan before plan renewal, please
refer to the Cancellation section below. For more information on Domain Name Renewals, please see below.
Account Renewals - Important Notice
Domain name registrations and Web hosting
accounts are handled by separate entities. In
the event you need to cancel, you must specify
whether you would like to cancel your domain
name only, your Web hosting plan only, or both
your domain and hosting accounts. The
cancellation or expiration of your domain name
does not automatically terminate your hosting
account (or vice versa).
Billing Information
You agree to provide to Synervation Green Hosting any changes to the billing information promptly. Billing information includes but is not limited to credit card information, addresses, phone numbers, e-mail addresses, etc.
Cut Off Period for Billing Errors
You have 30 days to alert Synervation Green Hosting of any billing error claims. You agree that you have no rights to claim any billing errors for a period earlier than 30 days from the date of the claim. All bills are final after 30 days.
Statements
Synervation Green Hosting will both e-mail and/or send regular mail paper
(recycled paper) invoices or statements. Customers may
elect to receive their monthly account billing
statement via e-mail and not sent regular mail
by e-mailing .
Fees
Returned (NSF) Checks
Synervation Green Hosting charges a $25.00 fee for returned (NSF)
checks. Customers that issue an NSF check will
be required to submit future payments with a
certified check or money order.
Credit Card Chargebacks
A $25.00 chargeback fee will be assessed for
each credit card chargeback received by Synervation Green Hosting.
Bank Wire Payments
Synervation Green Hosting does NOT charge fees for accepting payment
via bank wire, however, international wire
transfers may be assessed a $20.00 USD
processing fee by an intermediary bank in New
York. In addition, your issuing bank may also
charge a fee for sending the wire. Please add
these fees to the amount that you are sending to
Synervation Green Hosting or the amount credited to your account will
be less than your intended payment.
Reactivation
Customers that wish to reactivate a closed
account will be assessed a $19.95 reactivation
fee. An additional $19.95 fee will be assessed
if Synervation Green Hosting restores your data files to your
reactivated account.
Hosting Plan Changes
Customers electing to change to a lower priced
hosting plan on the same platform will not be
charged a downgrade fee. There is no upgrade fee
for upgrading to a higher priced plan, however,
you will be charged any difference between the
current plan and former plans.
Platform Change
Customers that elect to change plans to a
different operating system platform will be
charged a $19.95 platform change fee.
Cancellations
Hosting plans will automatically renew until a
plan is cancelled. In order to cancel service,
you must contact Synervation Green Hosting's Billing Department via e-mail at
. Synervation Green Hosting's
Billing Department will assist you
with the cancellation process. When you cancel you will get a pro-rated refund using the same method in which you paid. There are no REFUNDS of a partially used month. To see more information on our Cancellation policy, click here. Non-US customers may
contact Synervation Green Hosting's Billing Team via e-mail at
.
Cancellation requests must be received by Synervation Green Hosting a
minimum of thirty (30) days prior to the end of
your Billing Cycle for dedicated server and
co-location plans and a minimum of ten (10) days
prior to the end of your Billing Cycle for all
other plans. Cancellations submitted later than
this time may result in automatic renewal of
your hosting plan. Cancellations become
effective on the day processed by Synervation Green Hosting. Synervation Green Hosting is
unable to cancel your account effective for a
future date. If Synervation Green Hosting sends a confirmation of the cancellation
request when it is processed, we will do so to the e-mail
address on record. It is your responsibility to
ensure your current email address is up to date
with Synervation Green Hosting. There are no REFUNDS of a partially used month. Upon cancellation Synervation Green Hosting will delete any and all data associated with said accounts. This may include but is not limited to web site data and e-mail. You are responsible for retrieving your e-mail, web site files, and all other information stored on our servers that is owned by you, prior to canceling your account.
Synervation Green Hosting does not monitor, and will not
automatically cancel plans for problems related
to domain name transfers, non-usage, NetworkSolutions (or any Domain Name Registration Provider),
your ISP, or any other secondary issues not
directly related to Synervation Green Hosting's services.
Cancellation of services does not relieve the
customer from paying any outstanding balance
owed on the account. Synervation Green Hosting (Affordable Internet
Services Online, Inc.) reserves the right to
cancel any account, at any time, without notice,
for any reason Synervation Green Hosting (Affordable Internet
Services Online, Inc.) considers appropriate.
Any account hosting or dedicated server plans
delinquent thirty (30) days or more will be
terminated and any content, scripts, images,
source code, proprietary content, will not be
made available (if available) to the customer until the account
becomes current and in a paid status.
30-Day Money Back Guarantee
Each of Synervation Green Hosting's shared hosting plans carries a
30-day unconditional money back guarantee. If
you are not completely satisfied with our
services or support within the first 30 days,
you will be given a full refund of the fees paid
in advance (excluding setup fees) upon plan
cancellation. This policy does not cover any additional services such overages, disk space, e-mail accounts, etc. The following services do not
qualify for the 30 Day Money Back Guarantee:
additional items and services; domain name
registration fees; domain name redemption fees; dedicated servers; co-located
servers, items and services ordered through the
reseller program; domain parking, and
overage fees. All cancellations must be received in writing as
per the deadlines indicated; regular mail,
e-mail and fax notifications are acceptable.
Phone requests will not constitute
acceptance of any cancellation. If sending by
e-mail you must direct the cancellation to
. No other e-mail address will
be constituted as a cancellation and therefore
would not be deemed cancelled. To see more information on our 30-Day Money Back Guarantee, click here
Refund Policy
Full Refunds are only available in accordance with
the 30 Day Money Back Guarantee. Refunds will be
provided in the same payment method of the
original payment. There are no refunds offered
or promised after 30 days. There are no refunds and/or credits offered if you (the customer) receive overdraft charges from your bank. To see more information on our Refund Policy, click here
Credit Card Disputes/Chargebacks
Synervation Green Hosting has a zero tolerance policy for chargebacks.
Any customer who disputes a credit card payment
is subject to a fine, suspension and/or account
termination at Synervation Green Hosting's discretion. A charge of
$25.00 per chargeback will be assessed to all
accounts that receive a chargeback.
Billing/Price Changes
Synervation Green Hosting's policies and prices are subject to change
without notice. Any price changes become
effective in the next billing cycle.
G. All Synervation Green Hosting Customers Terms of
Service
The following Terms Of Service apply to ALL Synervation Green Hosting
customers:
Synervation Green Hosting Services
Synervation Green Hosting's services include, but are not limited to:
1. any act of preparing, setting up, connecting,
maintaining, terminating, or reconnecting
customers' account (including all billing data
and the space on the particular Web server that
Synervation Green Hosting provides to customers);
2. any use by customers, or any access provided
to customers by Synervation Green Hosting, of computing,
telecommunications, software, information,
hardware, and equipment;
3. any act, or provision of any service, by Synervation Green Hosting
to customers, related to Web hosting, virtual desktops, domain
name registrations and domain name transfers (including server usage and
technical support), regardless of duration and
whether paid for or not;
4. any provision by Synervation Green Hosting to customers, of any
space, Internet connectivity, or electrical
power;
5. any access or use related to the Synervation Green Hosting's Web
site, including the Web site itself;
6. any other service mentioned in the TOU;
7. any other service provided by Synervation Green Hosting to
customers, whether used or not;
8. any other Synervation Green Hosting services that are used by
customers, whether offered or provided by Synervation Green Hosting
to customers.
Domain Name Renewal And Expiration
Synervation Green Hosting makes every reasonable effort to make sure you know your domain name registration is coming due. We do NOT pick up the phone and call clients and we do not try and track clients down to let them know their domain name registration is expiring.
It is solely the responsibility of the client to ensure that all the information is up to date on their domain name registration. If the client does not know their login info to manage and update their domain name registration, then they can call or e-mail support and
we will gladly provide the information. Our registration system is provided by Tucows and its service will notify you by e-mail when the domain name is coming due. You need to keep this information up to date. If you don't then the system can't send you an email to notify you your registration is expiring.
Your website and email will be off the internet once the domain name expires and you could potentially loose business. If you don't receive a renewal message then it is most likely caused by not having the correct email address in the domain name registration system or the message is caught by your spam filter.
It is extremely important that you keep this information up to date to avoid any interruption of service. If a domain name is expired and you want to renew the domain name simply call Synervation Green Hosting and ask for the domain name registration department. If the domain name is expired more than 40 days then the name goes into redemption period by the registrar.
They require a substantial amount of money to pull the name out of redemption. Synervation Green Hosting is NOT in any way responsible for clients that let their domain name(s) expire.
Ownership of Web Site
The legal owner of customers' Web sites and
accounts with Synervation Green Hosting will be the individual or
organization whose name is listed in Synervation Green Hosting's
database as the owner. Customers will fully
cooperate with and abide by any and all of
Synervation Green Hosting's security measures and procedures in the
event of any dispute over ownership of
customers' Web sites and accounts with Synervation Green Hosting.
Illegal Use
Synervation Green Hosting servers may be used for lawful purposes
only. Transmission, storage, or distribution of
any information, data, or material in violation
of any applicable law or regulation, or that may
directly facilitate the violation of any
particular law or regulation is prohibited. This
includes, but is not limited to: copyrighted
material; trademarks; trade secrets or other
intellectual property rights used without proper
authorization; material that is obscene,
defamatory, constitutes an illegal threat, or
violates export control laws. Additionally, in
purchasing Synervation Green Hosting services, all Synervation Green Hosting customers
certify that they and/or the organization they
represent in procuring services from Synervation Green Hosting are
not, nor have been designated, a suspected
terrorist as defined in Executive Order 13224;
are not owned or controlled by a 'suspected
terrorist' as defined in Executive Order 13224;
and are not on, are not a member of, related to,
associated with, or controlled by any
organizations on the list contained in the Annex
to Executive Order 13224 and all updates
thereto.
Spamming
Sending unsolicited bulk and/or commercial
messages ("UCE") over the Internet (known as
"spamming") is prohibited, regardless of whether
or not it overloads a server or disrupts service
to Synervation Green Hosting's customers. The term "spamming" also
includes, but is not limited to, maintaining an
open SMTP policy, engaging in spamming using the
service of another ISP or IPP and referencing in
the spam a Web site hosted on a Synervation Green Hosting server, and
selling or distributing software (on a Web site
residing on a Synervation Green Hosting server) that facilitates
spamming. Violators will be assessed a
non-refundable minimum fine of $200 US and will
face immediate suspension. Synervation Green Hosting reserves the
right to determine, in its sole and absolute
discretion, what constitutes a violation of this
provision.
System and Network Abuse
Violations of system and/or network security are
prohibited and may result in criminal and civil
liability, and/or reduction and/or restriction
of network or server resources. Examples of system or network
security violations include, without limitation
the following: unauthorized access to or use of
data, systems or networks, including any attempt
to probe, scan or test the vulnerability of a
system or network or to breach security or
authentication measures without express
authorization of the owner of the system or
network; interference with service to any user,
host or network including, without limitation,
mail bombing, flooding, deliberate attempts to
overload a system and broadcast attacks; forging
of any TCP-IP packet header or any part of the
header information in an email or a newsgroup
posting. You are responsible to report any weakness you discover in the security of Synervation Green Hosting's computing resources to Synervation Green Hosting.
You are not to explore a weakness on your own as this may be interpreted as intentionally tampering with Synervation Green Hosting's resources and be treated as a violation of criminal law. If you wish to assist in resolving a security weakness in the system, you should contact Synervation Green Hosting for authority to act and for further instruction.
Viruses and Other Destructive
Activities
Use of Synervation Green Hosting's services or equipment for creating
or sending Internet viruses, worms or Trojan
horses, or for pinging, flooding or mail
bombing, or engaging in denial of service
attacks is prohibited. It is also prohibited for
any customer to engage in other activity that is
intended to disrupt or interfere with, or that
results in the disruption of or interference
with, the ability of others to effectively use
Synervation Green Hosting's services and equipment (or any connected
network, system, service or equipment) or
conduct their business over the Internet.
Copyright Violations
The Digital Millennium Copyright Act ("DMCA")
sets forth the law regarding the use of
copyrighted materials on the Internet. All Synervation Green Hosting
customers are subject to the requirements of the
DMCA. Individuals or entities submitting
notifications of copyright infringement by a
Synervation Green Hosting customer (per the DMCA) to Synervation Green Hosting must follow
the below procedures. Copyright infringement
notifications submitted to Synervation Green Hosting according to
these procedures will be processed within 21
days of receipt. Customers who are the subject
of a DMCA notification that meets the below
criteria may be subject to account termination
at Synervation Green Hosting's sole discretion.
DMCA Copyright Infringement Notification
Requirements
Signature of the copyright owner or a person
authorized to act on the copyright owner's
behalf (the "Claimant").
Identification of the copyrighted work(s)
claimed to have been infringed.
Identification of the material claimed to
infringe the copyright(s), and enough
information for Synervation Green Hosting to locate it including URLs
and specific descriptions of the infringing
material at each URL.
The Claimant's name, address, and telephone
number(s).
A statement that the Claimant has a good faith
belief that use of the disputed material is not
authorized by the copyright owner or his agent.
A statement, under penalty of perjury, that
the information in the notification of copyright
infringement is accurate and that the Claimant
is authorized to act on behalf of the copyright
owner.
Mail the notification to:
Affordable Internet Services Online, Inc.
Legal Department - DMCA Complaints
25655 Louisa Lane
Romoland, CA 92585 USA
Adult Content
Pornography and sex-related merchandising are
prohibited on Synervation Green Hosting servers. This includes sites
that may infer sexual content or provide links
to adult content elsewhere. This is also true
for sites that promote any illegal activity or
content that may be damaging to our servers or
any other server on the Internet, or provide
links to such sites.
Child Pornography
The use of Synervation Green Hosting's services to store, post,
display, transmit, advertise or otherwise make
available child pornography is prohibited. Synervation Green Hosting
is required by law, and will, notify law
enforcement agencies when it becomes aware of
the presence of child pornography on, or being
transmitted through, its services.
Privacy
Synervation Green Hosting is concerned with the privacy of on-line
communications and Web sites. In general, the
Internet is neither more nor less secure than
other means of communication, including mail,
facsimile, and voice telephone service, all of
which can be intercepted and otherwise
compromised. As a matter of prudence, however,
Synervation Green Hosting urges its customers to assume that all of
their on-line communications are insecure. Synervation Green Hosting
has taken every step in securing its servers and network, although we cannot take any responsibility for the security
of information transmitted over Synervation Green Hosting's
facilities. Additional details on privacy and
Synervation Green Hosting's use of customer information can be found
in Synervation Green Hosting's Privacy
Policy located here.
Customer Responsibility
Customers are required to use the Synervation Green Hosting network
and/or servers responsibly. This includes
respecting the other customers of Synervation Green Hosting. Synervation Green Hosting
reserves the right to suspend and/or cancel
service with any customer who uses the Synervation Green Hosting
network in such a way that adversely affects
other Synervation Green Hosting customers. While Synervation Green Hosting may monitor its
service electronically to determine that its
facilities are operating satisfactorily, as a
general practice, Synervation Green Hosting does not monitor its
customers' communications or activities to
determine whether they are in compliance with
the TOS. However, when Synervation Green Hosting becomes aware of any
violation of the TOS or other user agreements,
Synervation Green Hosting may take any action to stop or correct such
violation, including, but not limited to,
denying access to Synervation Green Hosting's services and equipment
or to the Internet. In addition, Synervation Green Hosting may take
action against a customer or a customer of such
customer because of the activities of such
customer. Synervation Green Hosting anticipates that customers who
offer Internet services will cooperate with Synervation Green Hosting
in any corrective or preventive action that Synervation Green Hosting
deems necessary. Failure to cooperate with such
corrective or preventive measures is a violation
of Synervation Green Hosting policy and Synervation Green Hosting reserves the right to
take any such action even though such action may
affect other customers of the Synervation Green Hosting customer. You are responsible for retrieving your e-mail, web site files, and all other information stored on our servers that is owned by you, prior to canceling your account.
You are responsible to report any weakness you discover in the security of Synervation Green Hosting's computing resources to Synervation Green Hosting.
Actions Taken by Synervation Green Hosting
The failure by a customer to meet or follow any
of the TOS is grounds for account deactivation.
Synervation Green Hosting will be the sole arbiter as to what
constitutes a violation of the TOS. Synervation Green Hosting
reserves the right to remove any account without
prior notice and to refuse service to anyone at
any time. When Synervation Green Hosting becomes aware of an alleged
violation of its TOS, Synervation Green Hosting will initiate an
investigation. During the investigation, Synervation Green Hosting
may restrict a customer's access in order to
prevent further potentially unauthorized
activity. Depending on the severity of the
violation, Synervation Green Hosting may, at its sole discretion,
restrict, suspend, or terminate a customer's Web
hosting account and/or pursue other civil
remedies. If such violation is a criminal
offense, Synervation Green Hosting will notify the appropriate law
enforcement authorities of such violation. An
unlisted activity may also be a violation of the
TOS if it is illegal, irresponsible, or
constitutes disruptive use of the Internet. Synervation Green Hosting
does not issue credits for outages incurred
through service disablement resulting from TOS
violations. Violators of the policy are
responsible, without limitations, for the cost
of labor to rectify any damage done to the
operation of the network and business operations
supported by the network, and to respond to
complaints incurred by Synervation Green Hosting. Websites
found in violation of this TOS policy are
subject to account termination without notice
and any refunds are void. Violations of system
or network security are prohibited and may
result in criminal and civil liability.
Indemnification
Synervation Green Hosting customers agree to protect, defend, hold
harmless, and indemnify Synervation Green Hosting, any third party
entity related to Synervation Green Hosting (including, without
limitation, third party vendors), and Synervation Green Hosting's
executives, directors, officers, attorneys,
managers, employees, consultants, contractors,
agents, parent companies, subsidiaries, and
co-subsidiaries with the same parent company as
Synervation Green Hosting, from and against any and all liabilities,
losses, costs, judgments, damages, claims, or
causes of actions, including, without
limitation, any and all legal fees and expenses,
arising out of or resulting in any from the
customer's use of Synervation Green Hosting's services.
Disclaimer
The Synervation Green Hosting service is provided on an as is, as
available basis without warranties of any kind,
either express or implied, including, but not
limited to, warranties of merchantability,
fitness for a particular purpose or
non-infringement. Synervation Green Hosting expressly disclaims any
representation or warranty that the Synervation Green Hosting service
will be error-free, secure or uninterrupted. No
oral advice or written information given by Synervation Green Hosting,
its employees, licensors or the like, will
create a warranty; nor may you rely on any such
information or advice. Synervation Green Hosting and its partners and
suppliers will not be liable for any cost or
damage arising either directly or indirectly
from any transaction or use of the service.
Termination for Bankruptcy or
Insolvency
If a customer becomes insolvent or any
bankruptcy petition is filed by the customer, or
any third party against the customer, Synervation Green Hosting may
immediately terminate provision of Synervation Green Hosting's
services to the customer without prior notice or
penalty. Such customer consents to the grant of
relief from any automatic stay of proceedings
against Synervation Green Hosting in such event.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR
EQUITY, WILL Synervation Green Hosting (INCLUDING, WITHOUT
LIMITATION, Synervation Green Hosting'S EXECUTIVES, DIRECTORS,
OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES,
CONSULTANTS, CONTRACTORS, AGENTS, PARENT
COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH
THE SAME PARENT COMPANY AS Synervation Green Hosting, AFFILIATES,
THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR
THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING,
PRODUCING, OR DISTRIBUTING Synervation Green Hosting'S SERVICES, BE
LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY
BUSINESS OR PERSONAL LOSS, REVENUES DECREASE,
EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS
AND/OR Synervation Green Hosting SERVICES, OR ANY OTHER LOSS OR
DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL,
SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT
DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF,
OR ANY INABILITY TO USE, ANY Synervation Green Hosting SERVICES EVEN
IF Synervation Green Hosting HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. Synervation Green Hosting'S TOTAL CUMULATIVE LIABILITY,
IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY
AND ALL DAMAGES, RELATED TO THE TOS OR Synervation Green Hosting'S
SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE
FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY Synervation Green Hosting
OR Synervation Green Hosting'S REPRESENTATIVES, OR UNDER ANY OTHER
THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND
WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID
BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE
TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS
DURING THE 1-MONTH PERIOD PRIOR TO THE DATE THE
DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION
AROSE.
Modifications
Synervation Green Hosting may discontinue, upgrade, replace, modify,
or change in any way, without limitation, any
software, service, application, program, data,
hardware, equipment, or portions or components
thereof, used to provide customers with Synervation Green Hosting's
services. Certain changes to Synervation Green Hosting's services may
affect the operation of customers' personalized
applications and content. Each customer is
solely responsible, and Synervation Green Hosting is not liable, for
any and all such personalized applications and
content, except as expressly agreed to by Synervation Green Hosting.
Backup of Data
Except where Synervation Green Hosting has expressly agreed in
writing to the contrary, customers are solely
and entirely responsible, and Synervation Green Hosting is in NO way
responsible, for the management and backup of
all customer data, and all updates, upgrades,
and patches to any software that customers use
in connection with Synervation Green Hosting services. You are responsible to make any back-ups of electronically stored data which you have created or maintain. Synervation Green Hosting assumes no responsibility for lost or corrupted data.
Third Party Licenses
Synervation Green Hosting makes a reasonable effort to provide
customers with technologies, developments, and
innovations (collectively "Technologies"), part
of which may be licensed, or co-branded, from or
by, third party entities. However, Synervation Green Hosting makes NO
warranty of any kind, either express or implied,
regarding the quality, accuracy, reliability,
validity, or continued existence of any or all
aspects of such Technologies. Moreover, Synervation Green Hosting
specifically disclaims all warranties of
merchantability and fitness for a particular
purpose for such Technologies. Furthermore, no
customer will hold Synervation Green Hosting liable in any way for
the revocation of any license, which has been
licensed to Synervation Green Hosting. The use of the Technologies
obtained from or through Synervation Green Hosting, or any other
referred third party, whether directly or
indirectly, is at the sole risk of customers.
Non-Synervation Green Hosting Products
Any mention of non-Synervation Green Hosting products by Synervation Green Hosting, its
employees, or any third party entity related to
Synervation Green Hosting is for information purposes only and does
not constitute an endorsement or recommendation
by Synervation Green Hosting. Synervation Green Hosting disclaims any and all liabilities
for any representation or warranty made by the
vendors of such non-Synervation Green Hosting products or services.
Synervation Green Hosting's Intellectual Property
Customers will not, without Synervation Green Hosting's express
written consent, copy, reproduce, republish, or
otherwise use any material, in whole or in part,
that is located on Synervation Green Hosting's Web site, Synervation Green Hosting related
documents, media, and/or publishing's; and
customers will not use any of Synervation Green Hosting's trademarks,
service marks, copyrighted materials, or other
intellectual property without Synervation Green Hosting's express
written consent. Customers will not, in any way,
misrepresent their relationship with Synervation Green Hosting,
attempt to pass themselves off as Synervation Green Hosting, or claim
that customers are Synervation Green Hosting.
Assignment
Customers may not assign or delegate their
rights or obligations under the TOS or other
agreement for Synervation Green Hosting's services, either in whole
or in part, without the prior written consent of
Synervation Green Hosting.
Minimum Age Requirement
Synervation Green Hosting customers must be at least 18 years of age.
Any individual under the age of 18 years
("Minor") must have a parent or guardian accept
the TOS in order for the Minor to become a Synervation Green Hosting
customer. A parent or guardian who accepts the
TOS on behalf of a Minor will be primarily
liable for ensuring complete and proper
compliance with the TOS, including the timely
and full payment of the charges for Synervation Green Hosting
services, and such primary liability will
continue even when the Minor has attained the
age of 18, unless the parent or guardian obtains
Synervation Green Hosting's express written consent to the contrary.
Any acceptance of the TOS or any other agreement
for Synervation Green Hosting's services will be deemed null and void
to the extent that Synervation Green Hosting will not be liable in
any way as a result of the Minor's age or legal
incapacity or the Minor's use of Synervation Green Hosting's
services.
Governing Law and Severability
The TOS, and any other agreement for Synervation Green Hosting
services, will be governed by and construed in
accordance with the laws of the State of
California, USA without reference to its
conflicts of laws principles. Any litigation or
arbitration between a customer and Synervation Green Hosting will
take place in California, County of Riverside
and the customer will consent to personal
jurisdiction and venue in that jurisdiction. If
any provision or portion of the TOS or other
Synervation Green Hosting agreement is found by a court of competent
jurisdiction to be unenforceable for any reason,
the remainder of the TOS or the agreement will
continue in full force and effect.
Force Majeure
Synervation Green Hosting will not be liable for delays in its
performance of the TOS or Synervation Green Hosting services caused
by circumstances beyond Synervation Green Hosting's reasonable
control, including acts of God, wars,
insurrection, civil commotions, riots, national
disasters, earthquakes, strikes, fires, floods,
water damage, explosions, shortages of labor or
materials, labor disputes, transportation
problems, accidents, embargoes, or governmental
restrictions (collectively "Force Majeure").
Synervation Green Hosting will make reasonable efforts to reduce to a
minimum and mitigate the effect of any Force
Majeure. Notwithstanding anything contained
elsewhere herein, lack of finances will not be
considered an event of Force Majeure nor will
any event of Force Majeure suspend any
obligation of customers for the payment of money
due. Waiver and Amendment Any waiver,
modification, or amendment of any provision of
the TOS or other agreement for Synervation Green Hosting services,
initiated by a customer, will be effective only
if accepted in writing and signed by an
authorized representative of Synervation Green Hosting.
Independent Contractors
Nothing in this Agreement will be construed as
creating a partnership or relationship of
employer and employee, principal and agent,
partnership or joint venture between Synervation Green Hosting and
its customers. Each of Synervation Green Hosting and its customers
will be deemed an independent contractor at all
times and will have no right or authority to
assume or create any obligation on behalf of the
other, except as may be expressly provided
herein.
Construction and Interpretation
Wherever in this TOS the masculine, feminine, or
neuter gender is used, it will be construed as
including all genders, and wherever the singular
is used, it will be deemed to include the plural
and vice versa, where the context so requires.
The division of the TOS into
sections/paragraphs, and the insertion of
headings/captions, are for convenience of
reference only and will not affect the
construction or interpretation of the TOS. Any
rule of construction to the effect that any
ambiguity is to be resolved against the drafting
party will not be applicable in the construction
or interpretation of the TOS.
Complete Agreement and Exclusivity
The TOS, and/or any other specific agreement for
Synervation Green Hosting services, constitutes the complete
understanding and agreement between Synervation Green Hosting and its
customers. Except when expressly agreed to the
contrary in signed writing by an authorized
representative of Synervation Green Hosting, the TOS supersedes any
other written (including digitized/computerized)
agreement, oral agreement, and/or agreement by
conduct. This TOS, and/or any other specific
agreement for Synervation Green Hosting services is between Synervation Green Hosting and
its customers only and will not confer any
rights in any third party except as otherwise
expressly provided by Synervation Green Hosting.
Trademarks
Synervation Green Hosting's company, brand and product identifiers
are trademarks or registered trademarks of
Affordable Internet Services Online, Inc. All
Rights Reserved.
These trademarked terms must be identified as
trademarks of Affordable Internet Services
Online, Inc. using the appropriate symbol (® or
™) at the first occurrence in any published
communications, printed or electronic, including
advertising, promotions, packaging, technical
documentation, sales and marketing collateral,
and product labels. In addition, the terms must
also be listed, identified and attributed as the
property of Affordable Internet Services Online,
Inc.
If you have questions regarding the use and
identification of Affordable Internet Services
Online, Inc. trademarks, please contact
Affordable Internet Services Online, Inc.'s
Support department at .
All contents of this web site are Copyright © 1997-2007
Affordable Internet Services Online, Inc. All
Rights Reserved. No portion of this Web Site may
be reproduced, copied, and/or used in any form without prior written
permission.
Synervation Green Hosting, the Synervation Green Hosting logo and the slogan "Web Hosting As Nature Intended" are trademarks and/or registered
trademarks of Affordable Internet Services
Online, Inc.. Other trademarks, registered
trademarks, brands, services and product names are the
properties of their respective owners.
Revised:10/24/2006
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