SMP is owned by AxisHOST, Inc. Proudly serving the web since 1997!
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Definitions We/our/ServerManagementPlus: AxisHOST, Inc., the company that owns and operates ServerManagementPlus. You/your: All current, pending and potential customers using the services of ServerManagementPlus Dedicated Servers: Private server(s) setup for usage by an individual customer. Customer may choose to use his or her dedicated server to host other accounts, but no other ServerManagementPlus customer will be setup on a dedicated server. Billing and Payment Information Dedicated server contracts are billed at a minimum monthly cycle on the anniversary date of your order. Dedicated server cancellations must be submitted to our online Client Area HelpDesk at least 7 days before your next invoice is due or you will be charged for an additional month. There are no partial refunds given for early termination. Dedicated servers are not covered under any money back guarantee. If, at any time, a chargeback is issued through your credit card company, bank or Paypal (including Paypal disputes) we will immediately suspend all services listed on your billing account, including services not covered under the chargeback or dispute, and start collection efforts. These same terms apply to overdue invoices. Services are invoiced approximately 14 days before your billing cycle ends, with several reminders sent until the account due date. Overdue invoices are charged a $10 late fee. Dedicated servers are suspended when they go 1 day past due and are terminated when they go 5 days past due. If you know you are going to be late with your payment, please contact us before your invoice is overdue. Payment arrangements may be made if you have an established history of always paying your invoices on time. ServerManagementPlus does NOT store credit card information and does NOT automatically charge you for services. You are responsible for logging into your Client Area to submit payment at the end of each billing cycle. Invoices are emailed, to the email address that you have on file with us in your Client Area, approximately 2 weeks before your billing cycle ends. We accept most major credit cards as well as Paypal and electronic check payment. IMPORTANT: You can choose to pay your invoices with Paypal Subscription service. With a Paypal Subscription, you are telling Paypal to send us a certain amount of money on a certain date - UNTIL YOU TELL THEM TO STOP PAYING US. If you accidentally set up two Paypal Subscriptions, then Paypal will pay us twice. We have no way to "take" money from your Paypal account. If you accidentally overpay us via Paypal Subscription, you need to cancel your Paypal Subscriptions from within your Paypal account and contact us immediately. ServerManagementPlus will only refund ONE duplicate Paypal Subscription overpayment - all others will be credited to your billing account for future payments. If you cancel and still have Paypal Subscription credits left, you will lose those credits. Contact Information You are responsible for making sure that we have your current and correct contact information on file, by frequently logging into your Client Area. We reserve the right to send announcements and invoices relating to your dedicated server account(s). No more than twice a month we may email you information on promotions or discounts relevant to various services we offer. We ask that you not report these messages as spam to spamcop or any other similar service, because that makes more work for us and less benefits for other customers. Doing so may be considered grounds for termination of your account. ServerManagementPlus will NOT give your email address or any other contact information to any third party except under the direction of law enforcement officials. Liability We will make every reasonable attempt to avoid unexpected server downtime and to ensure that all dedicated servers are well taken care of. Any network problem, equipment/hardware failure, data backup and storage or outage, that is not covered under our Service Level Agreement will not be grounds for reimbursement for any subsequent financial damages or losses. All dedicated server data backups are the account holder's responsibility. Although you may choose to purchase or use the included backup services, provided by ServerManagementPlus, we are NOT responsible for data backup integrity or subsequent loss. Managed dedicated servers are not guaranteed against any hacking attempt, server compromise, denial of service attack, security breech, data loss, hardware problems, loss of use, loss of income and/or any unspecified general failures and any such incident. By using the services of ServerManagementPlus you agree that you will make no claim or attempt to collect for reimbursement of any financial loss or hardship related to using these services. If you need fail safe hosting services, contact us for special arrangements and related contracts. Unsolicited E-mail (anti-spam policy) Accounts caught sending unsolicited, as defined by ServerManagementPlus*, email or usenet postings, either through a dedicated server on our network or to promote a web site on any dedicated server on our network will be terminated immediately, will not qualify for a refund and will be charged $50 per complaint filed. Servers terminated for sending unsolicited email or usenet posts give up all rights to any content, files, backups and technical support associated with this and any and all ServerManagementPlus server and network. You may not create email forwards which forward to an email address not accessible by you, unless the recipient has specifically consented for you to do so. ServerManagementPlus reserves the right to investigate accounts accused of sending unsolicited emails, or usenet postings, in any way deemed necessary. This includes suspending the accused account, during the pending investigation. Sites promoting, advertising or otherwise making available tools, information and/or software for the purpose of sending unsolicited email or usenet postings will be shut down without notice. We will make available, upon request, the source of the complaints. We will NOT make available the actual complaint, if it means giving out individual contact information of the person filing the complaint. WE STRONGLY SUGGEST THAT YOU AVOID USING THIRD PARTY MAILING LISTS - EVEN IF THEY ARE GUARANTEED TO BE CLEAN!!! Although we have a ZERO TOLERANCE POLICY on unsolicited email/spam, we are not unreasonable. Since 1997, we have shut down an extremely small percentage of accounts for sending Unsolicited Email. We understand that your customers or exploited scripts may sometimes cause spam issues which are beyond your control. However, we can and will enforce our Terms of Service if we believe blatant abuse is the cause. *Unsolicited is defined, by ServerManagementPlus as: E-mail sent to recipients who have not asked to be contacted by you or Usenet postings (that are cross-posted to more than three newsgroups and/or posted in newsgroups where this is against that groups FAQ or charter), for the sole purpose of promoting a website or commercial business on our servers. Excessive Data Transfer/Bandwidth Use If your server, with ServerManagementPlus, goes over the data transfer (aka "bandwidth") allowance set for that server, you agree to pay for that overage at .50 (fifty cents USD) per GB. Contact us for bulk rate if you believe you will use more than what is included in your dedicated server package. Account Termination and Suspension Violation of any of our Terms of Services will be grounds for immediate termination of all services. Web sites deemed offensive, illegal or racially degrading, by ServerManagementPlus, will be removed without notice. Abusive behavior towards the ServerManagementPlus staff, will not be tolerated and is grounds for immediate termination. Any threats of legal action involving ServerManagementPlus, its owners and/or staff will be grounds for immediate termination. Web sites promoting, making available or otherwise contributing to software piracy, hacking, spamming, phishing, denial of service attacks and/or damage to commercial networks or servers will be removed without notice and illegal acts will be reported to the applicable authorities. Using your server for IRC/BBN purposes is not allowed. Amendments This Terms of Service agreement may be amended, at any time, at the discretion of ServerManagementPlus. Notification of amendments will be emailed to the address we have on file in your Client Area and posted to our website. All accounts are required to comply with any changes made to these policies unless an account cancellation is requested within 3 days of the Terms of Service amendment. You are required to keep a valid and current email address on file with us, in your Client Area. We are not responsible for lost or misdirected email. We strongly suggest you check our website frequently for updates to this Terms of Service agreement. If you are unsure if what you are doing is against our TOS, contact us. There are no refunds granted for accounts terminated due to TOS violation. |
> > > Questions? If you have any questions about our TOS/AUP, please contact us and we will get back to you right away.
