Terms and Conditions for SilverServers Inc.
In order to maintain our system integrity and resources we expect our customers to act responsibly. When you use any SilverServers provided products or services, in any form, you automatically agree to the following Conditions.
We reserve the right to suspend or cancel access, at our sole discretion, to any or all products and services we provided. In short:
- No adult content (Pornography)
- No online gambling
- No Spam, No unsolicited e-mailing.
- No Warez, bots, viruses, trojans, snooping, sniffing, cracks, copyright infringement or other activities
- No Server abuse -Any attempt to undermine or cause harm to a server, or customer, of us is strictly prohibited.
- No Unauthorized use of other people's accounts or computers
- Background Running Programs - Prior approval required for any programs intended to run continually in the background.
- No IRC - We do not allow IRC or IRC bots to be operated on our servers.
- No illegal software or content of any type.
- Payment Policies - All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes. All pricing is guaranteed for the term of pre-payment. We reserve the right to change prices at any time, unless other terms have been agreed upon in writing. Any account not brought current within a week (5 days) of invoice due date or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies us in writing for a request for termination of services. NSF cheques and credit card chargebacks will result in immediate account suspension and a $50 penalty. The penalty and unpaid funds must be paid in full before the account will be reinstated.
- Cancellation Policy - Cancellation must be received in writing at least 7 days prior to the start of the next period of service. Any overages or amounts due must be paid in full at the time of cancellation.
- Termination Policy - We reserve the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by us if we institute our right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
- Domain Registration and SSL Certificate fees are not refundable at all.
- Lawful Purposes - We reserve the right to refuse service to anyone. Customers may only use our servers for lawful purpose. Transmission of any material in violation of any Federal, Provincial, State or Local regulation is prohibited.
- Indemnification - Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, our agents, our customers, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customer from our servers.
(5) any situation that involves the use of products or services provided by SilverServers Inc.
- Customer Liabilities - The customer agrees that they are responsible for any and all damages caused or related to their account(s) with SilverServers. The customer agrees to pay all costs incurred or related to incidents caused by the customer, including but not limited to outside contractor costs and/or labour used to rectify any such damages categorized (at SilverServers sole discretion) as emergency recovery at our hourly rate of $150/hr.
- Removal of IP addresses or Domain Names from DNS Blacklists and anti-spam related databases.
- Reinstatement of services for machines or accounts compromised by access to customer account(s) due to poor security practices such as simple passwords, password sharing, or by providing access to servers or accounts to third parties (Intentionally or Not).
- Disclaimer - We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by our Web hosting service and our employees. We reserve the right to revise the policies at any time.
All clients, end-users, resellers and other affected parties must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate account deactivation.
All Prices are in Canadian dollars unless otherwise specified.