TERMS OF SERVICE




Agility Internet Solutions (the “Company”) agrees to furnish internet and/or web hosting services to the Subscriber, subject to the following Subscriber Agreement (Terms of Service) and Agility Internet Solutions’ Customer Policy. Please be sure to read both documents before becoming a Subscriber. The provisions of the Subscriber Agreement and Customer Policy may be changed, at the sole discretion of the Company, from time to time and without previous notice to the subscriber or customer. Each Subscriber understands that changes by the Company shall not be grounds for early contract termination or non-payment.

Important Notice

Use of Agility Internet Solutions Service constitutes acceptance and agreement to all of Agility Internet Solutions’ Subscriber Agreement and customer policies. Any use of a Agility Internet Solutions service is subject to the provisions of this contract and all terms of Agility Internet Solutions’ policies.

This Agreement, and all disputes in regards to, shall be construed in all respects in accordance with the laws of the State of New York. Use of Agility Internet Solutions services constitutes an acceptance of the State of New York as proper venue for all disputes.

Payment

Establishment of this service is dependent upon receipt of the stated charges by the Company. Each additional payment is due on the first day of the month for that month’s service. All Payments received by Agility Internet Solutions from its customers and subscribers are FINAL and non-refundable.

Payments and Fees

Service will be interrupted on accounts that reach 10 days past due. Service will only be reconnected upon receipt of all amounts due.

Account renewals occour automatically depending on the account’s term contract (monthly/quarterly/semi-annually/annually/bi-annually). If the event that an account cancelation needs to be excecuted, SuccessfulHosting.com Cancellation Team should be notified via a ticket submitted regarding the Account Cancellation in writing BEFORE the account renewal takes effect. All payments to SuccessfulHosting.com are FINAL and nonrefundable.

If the customer cancels service for any reason, all charges for that period are considered earned for all tasks and services Agility Internet Solutions is to perform.

Accounts that are not collectable by Agility Internet Solutions may be turned over to an outside collection agency for collection. If your account is turned over for collection, you hereby agree to pay the Company a “Processing and Collection” Fee of not less than $100.

Service Rates

Subscriber hereby acknowledges receipt of the nature of the service furnished and the initial rates and charges by the Company. Subscriber is aware that the Company may change the specified rates and charges from time to time in the sole discretion of the Company and without previous notice to its subscribers and customers.

Refund and Disputes

All billing disputes must be reported within 30 days of the time the dispute occurred. All payments to SuccessfulHosting.com are FINAL and nonrefundable.

Failure to Pay

The Company may, in its sole discretion, temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees or other fees as imposed by this Agreement.

Account Cancellation

Requests for canceling accounts must be submitted via our online cancellation form. All other forms of notice will not constitute acceptance of any cancellation. All cancellations must submitted with at least 5 days notice. By requesting your account cancellation you are requesting that we close your account immediately upon receipt.

New Domain Accounts

All new subscriber accounts requiring new domains should be available within one to three (1-3) business days. However, this process may sometimes require up to 7 business days or longer if complications persist. If the new domain is registered by Successful Hosting, on behalf of the account holder, a $14.99 fee (per domain year) will be charged by Successful Hosting.

Transfer of Domains

If a new Subscriber accounts will involve the transfer of a domain from another provider to Successful Hosting, a minimum of one to three (1-3) days is required before such accounts will be available. However, such transfers may take longer due to the unpredictable nature of the transfer process. Therefore, Agility Internet Solutions makes no guarantees regarding the amount of time a domain transfer may take.

Support Boundaries

  • Agility Internet Solutions provides support related to your server or virtual site.
  • Agility Internet Solutions does not offer technical support for application specific issues or any other software issue, unless Agility Internet Solutions supplies the software to the Subscriber. Agility Internet Solutions can only support the unmodified software as delivered.
  • Agility Internet Solutions does not provide technical support for Agility Internet Solutions Subscribers’ third party customers or subscribers.
  • Agility Internet Solutions encourages Subscribers to contact support for assistance. If the internet is accessible to you and you have other questions, please refer to our home page athttp://www.SuccessfulHosting.com.

Internet Protocol Address Ownership

The right to use any IP address assigned to a Agility Internet Solutions Subscriber or customer shall belong only to Successful Hosting, and the Subscriber or customer shall have no right to use that IP address except as permitted by Successful Hosting. Agility Internet Solutions shall maintain and control ownership of all IP numbers and addresses, and Agility Internet Solutions reserves the right to change or remove any and all such IP numbers and addresses. Agility Internet Solutions recommends using name-based hosting, as opposed to IP addresses, and will periodically review IP address usage. If Agility Internet Solutions finds that clients are not using name-based hosting whenever possible, but IP addresses instead, Agility Internet Solutions may revoke authorization to use those IP addresses.

Bandwidth and Disk Allocation

Agility Internet Solutions will monitor Customer’s bandwidth and disk usage, and shall have the right to interrupt or terminate service if a Subscriber or Customer’s bandwidth or disk usage exceeds the agreed allocation. Such corrective action may include the assessment of additional charges, disconnection or reconnection fees for any and all Services, or termination of this Agreement. If Agility Internet Solutions takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

Spam, Bulk Email, Mailing Lists, and E-mail Attachments

Agility Internet Solutions takes a zero tolerance approach to the sending of unsolicited ads or emails (Spam) over our network. This means that subscribers and customers of Successful Hosting:

  • May not use or permit others to use our network to transmit Spam.
  • May not host, or permit hosting of, sites or information that is advertised by Spam from other networks.

If an alleged violation of our Spam policy is reported, Successful Hosting:

  1. will initiate an immediate investigation (within 24 hours)
  2. may restrict customer access to the network to prevent further violations
  3. may restrict, suspend or terminate customer’s account.
  4. will immediately remove any subscriber or customer hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases

Mailing Lists:

Mailing lists that are composed of more than 20 recipients, MUST follow a “Double-Opt-In” procedure for collecting the recipients’ email addresses. Additionally, ALL mailings to list subscribers MUST contain a functional “Unsubscribe” link at the top of the email (not the bottom) that results in immediate (within 24 hours) removal of the requestor’s address from the list.

Attachments:

Please be aware that our Mail Servers are restricted to 10MB attachments, but that the acceptable size may be as much as 25% less, based on encoding performed by your Email Client, at the time of sending.

Email Redundancy:

Please be aware that as a result of the additional expense and overhead required to backup email messages, we DO NOT backup email at all. In order to keep our pricing at a minimum, this is not a financially feasible task, as it would more than triple the required storage and hardware necessary to offer this capability.

Miva Merchant Shopping Cart

As a result of how Miva handles licensing and closely monitors the licensing of their products, we are unable to offer refunds once this software is installed by a customer. Once the customer installs the software from their (our) control panel, the installation license is immediately and irrevocably locked onto the domain that it was installed for. The customer is prompted that there will be a charge for this service and we will not under any circumstances issue a refund once the software is installed.

System Security

Subscribers and customers are prohibited from violating or attempting to violate the integrity and security of the Agility Internet Solutions servers, system, or network. Agility Internet Solutions will investigate reported occurrences and may contact and cooperate with law enforcement authorities to prosecute Subscribers and customers who are believed to be involved in such violations.

By using Agility Internet Solutions services and systems, Subscribers and customers agree not to:

  • access data, or log into a server or account, which such User is not authorized to access;
  • attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
  • attempt to interfere with service to any user, host or network, including, without limitation, “overloading”, “flooding”, “mail bombing”, or “crashing”;
  • forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
  • take any action in order to obtain services to which such User is not entitled;
  • run background processes;
  • use excessive resources on a server;
  • or use the services provided in any other way other than as intended for website operation.

Violation of Policies

If inappropriate activity is detected, all accounts of the Subscriber or customer in question will be deactivated until an investigation is complete. Agility Internet Solutions is under no duty to look at each Subscriber or customers’ activities to determine if a violation of the Agility Internet Solutions Subscribers Agreement or Customer Policy has occurred. Agility Internet Solutions does not assume any responsibility through our policies or agreements to monitor or police activities on our servers, system, or network.

Violations may be handled by any of the following corrective actions, as well as to any other actions listed in this Agreement or Customer Policy:

  1. an email, warning them of the violation.
  2. may be subject to a temporary suspension pending a Subscriber or customers written agreement to refrain from any further violations.
  3. immediate suspension or termination of service without further notice.

Agility Internet Solutions reserves the right, to drop any section of IP space involved in any violation of this Agreement or Customer Policy if it appears that the offending activity is causing harm to parties on the Internet. In addition to the above actions, any violation of this Agreement or Customer Policy will result in a fee of $200 charged to the account of the Subscriber. Any further violation will result in a fee of $500 and immediate termination of the account. Subscribers and customers who violate this policy agree that in addition to these penalties, they will pay $150 per hour that Agility Internet Solutions personnel must spend to investigate and correct the matter. Agility Internet Solutions reserves the right to pursue civil remedies for any costs and/or damages associated with the investigation and correction of any policy violation.

Suspension of Service or Cancellation

Agility Internet Solutions reserves the right to suspend network access to any customer if, in the sole judgment of Successful Hosting, the customer’s server is the source or target of the violation of any of the other terms of the Agility Internet Solutions Subscriber Agreement or Customer Policy, or for any other reason which Agility Internet Solutions chooses. Prior notification to the Customer is not assured.

Uncontrolled Interruptions of Service

Subscriber acknowledges that the services provided by Agility Internet Solutions can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Indemnification

By agreeing to the Agility Internet Solutions Subscriber Agreement and Customer Policy, and/or using Agility Internet Solutions services, Subscribers and customers agree to indemnify Agility Internet Solutions for any violation that results in a loss to Agility Internet Solutions or the bringing of any claim against Agility Internet Solutions by any third-party, including any damages of Successful Hosting, any awards against Successful Hosting, plus all costs and attorney’s fees.

Sub-Networks and Resellers of Agility Internet Solutions Services

The Subscriber Agreement and Customer Policy must be followed by all Sub-Networks, resellers and managed servers of Agility Internet Solutions services. Failure to follow any term or condition will be grounds for immediate cancellation of all Agility Internet Solutions services. You are responsible for insuring the actions of your clients do not violate these Terms of Service. Agility Internet Solutions recommends that you implement similar or stricter Terms of Service to control your clients and prevent violations of Agility Internet Solutions terms.

Responsibility for Content

Agility Internet Solutions is not responsible for the material input by others and not posted to the Agility Internet Solutions Network by Successful Hosting. Agility Internet Solutions is not responsible for the content of websites linked to the Agility Internet Solutions Network; links are provided as Internet navigation tools only. It is absolutely forbidden to host pornographic content or IRC servers. You, as Agility Internet Solutions’ Subscriber and customer, are solely responsible for the content stored on and served by your Agility Internet Solutions server.

Disclosure to Law Enforcement

The Agility Internet Solutions Customer Policy specifically prohibits the use of our service for illegal activities. Therefore, Subscribers agree that the Company may disclose all relevant information to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Agility Internet Solutions shall have the right to terminate all service set forth in this Agreement.

Waiver

A waiver by the Company of, or failure to act on, any breach of any provision of this Subscriber Agreement or Customer Policy shall not operate as, or be construed as, a continuing or subsequent waiver of any other breach of any provision thereof, or as a waiver of any legal right or remedy.

Transfer or Assignment

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

Captions

Agility Internet Solutions uses the captions in this Agreement for convenience only and shall not be considered a part hereof or affect the construction or interpretation of any provision of this Agreement.