The Terms of Service and Acceptable Use Policy of StrikeHawk eCommerce Inc.

Thu, 12/24/2009 - 04:47

Terms of Service AND Acceptable Use

BY SIGNING UP FOR AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OR PRODUCTS OFFERED BY StrikeHawk eCommerce, Inc. YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS &CONDITIONS SUPERSEDE ALL EARLIER VERSIONS AND REQUIRE MANDATORY ARBITATION OF DISPUTES. Please read these terms and conditions carefully, as they describe your legal rights and obligations. This agreement shall become effective as of the date of (1) your electronic signature on or acceptance of this agreement, (2) the activation of your account or (3) your receipt of an e-mail from 1&1 confirming your order, whichever happens first.

Account Setup

We will setup your account within 24 hours after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not at the domain(s) you are signing up under.

We require a valid credit card to be stored with encryption. You may choose any of our gateway payment services to pay regularly.

Content

All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography.

Examples of unacceptable material:

IRC Bots
Warez Sites
Pirated Software
Hate sites
Hack programs and archives

Zero Spam Tolerance

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated without notice.

We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion.

Payment Information

You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify Strikehawk eCommerce, Inc.™ of your desire to cancel any or all services received, those services will be billed on a recurring basis. Invoices are normally generated on the 26th of each month and become due seven days, later. Seven days is your grace period to make full payment on the amount due. You will be sent email notifications and reminders before and after the due date. Failure to make a timely payment will result in a late payment fee of 08% of the amount due. ANY account falling 30 days past due WILL be forwarded to a collection agency service for legal remedies. This MAY affect your credit profile held at various credit bureaus. Notify our billing department right away if you face financial difficulties. Every effort will be reviewed in your favor, provided you do not have a history of violating these terms.

Backups and Data Loss

Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.

Cancellation and Refunds

We reserve the right to cancel the account at any time.

Customers may cancel at any time. We give you an unconditional 30 day money back guarantee on managed shared hosting. Refund requests after 30 days will be refunded on a prorated basis of any unused time.

Login to our billing control panel and click your product and services link. Click the action icon on the far right. At the bottom is a cancellation link. You may select immediate or end of billing cycle.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

In the event of cancellation or termination, any due balances that are left unpaid will be charged to the credit card on file and you agree to authorize StrikeHawk eCommerce Inc. to collect those funds. If we cannot collect the debt, your account will be turned over to a collection agency which may negatively affect your credit rating.

Resource Usage

Users may not initiate the following:

Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any gaming servers such as Counter-Strike, Half-Life, Battlefield1942, etc

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Money back Guarantee

StrikeHawk eCommerce Inc. shall warrant hosting and services according to the Terms of Use and Acceptable Policies. In the event of national disaster, acts of God, civil disorder, service outages from upstream data providers, StrikeHawk eCommerce Inc. shall be held blameless. On dedicated servers, and colocation no full refund will be honored, the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

Price Change

We reserve the right to change the monthly payment amount and any other charges including the right to increase/decrease the amount of resources given to plans at any time to maintain par excellence 60 days from posting the announcement in our billing system.

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, its agents, its 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (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 customers from StrikeHawk eCommerce, Inc. servers.

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 disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.