Terms of Service

Last updated on 20 March, 2010   SPRING ! 

System 6 Hosting agrees to furnish services to you, the Subscriber, subject to the following TOS (Terms of Service).

All provisions of this contract are subject to this TOS, and the Acceptable Use Policy (AUP). The TOS and AUP may be changed from time to time at the discretion of System 6 Hosting. Subscriber understands that change to the TOS or AUP by System 6 Hosting shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the county of San Diego, the state of California and the United States of America, applicable to contracts enforceable in these jurisdictions.

Disclosure to Law Enforcement

The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that System 6 Hosting may disclose any and all subscriber information including assigned IP numbers, account history, account use, site content, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition System 6 Hosting shall have the right to terminate all service set forth in this Agreement.

Indemnification

You agree to indemnify, defend, and hold harmless System 6 Hosting from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, System 6 Hosting, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

Service Rates

Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that System 6 Hosting may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon System 6 Hosting achieving and maintaining its cost of service goals including but not limited to rates charged to System 6 Hosting by its suppliers. Initial monthly fees are based on a commitment by the Subscriber to continue the service for a minmum of 12 months.  Fees will not rise during this period if there is no change in services provided.  If Subscriber chooses to discontinue services before the end of the 12 month initial period there will be a one time disconnect fee of $25.00.

Payment

System 6 Hosting services are contracted as month-to-month with an initial commitment of 12 months as state above. Establishment of these services is dependent upon receipt by System 6 Hosting of payment of stated charges. Subsequent payments are invoiced by email or PayPal subscription and due every month on the same day after the initial payment. For credit card orders, charges will automatically be debited to the same payment method until service is canceled.

Payments and Fees

Service may be interrupted on accounts in which payment is past due by more than 24 hours. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. If your account is disabled due to non-payment, a disconnection fee of $25.00, or 10% of your monthly invoice, whichever is greater, will be applied to your account.

Refund and Disputes

All payments to System 6 Hosting are nonrefundable. This includes the one time setup fee (if applicable) and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer or Paypal that, in System 6 Hosting’s sole discretion is a valid charge under the provisions of the TOS or AUP, you agree to pay System 6 Hosting an Administrative Fee of not less than $25 and not more than the amount of the dispute plus any associated administrative and legal fees. Any one time waiver of a fee by System 6 Hosting does not indicate or imply that there will be any future waivers of the same or any other fees.

Failure to Pay

System 6 Hosting may 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.

Account Cancellation

All cancellations must be received no less than 48 hours prior to contract renewal. Cancellations must be made in the form of a support ticket via http://system6hosting.com/support. We do not accept any other form or method of cancellation at this time.

Canceling your PayPal subscription or removing your credit card from your account DOES NOT relieve you from paying any current or future invoices. All invoices are due in full upon their due date unless cancelation is logged as a support ticket within the required timeframe.

NOTE:
If your account is disabled due to non-payment, a disconnection fee will apply. If you did not cancel service through the above listed method and still do not pay your bill, all due invoices including disconnection fees will be sent to a collections agency.

It is the Subscribers responsibility to maintain backups of anything on their site that is hosted with System 6 Hosting. A disconnected or canceled account is subject to having all stored data, code, and anything else, permanently deleted from the hosting server.

Account Activation

Although most orders are activated on the same or next day, we aim to set up all accounts within 2-3 business days. If setup is expected to take longer than 2-3 business days, you will be notified before we process your payment. Please contact us before placing your order for exact setup times, since they vary depending on the service type and amount of customization you make upon checkout.

Service Interruption

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of System 6 Hosting and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that System 6 Hosting shall not be liable for any damages arising from such causes beyond the direct and exclusive control of System 6 Hosting. Subscriber further acknowledges that System 6 Hosting’s liability for its own negligence may not in any event exceed an amount equivalent to pro-rated charges payable by subscriber for services during the 30-day period damages occurred. In no event shall System 6 Hosting be liable for any special or consequential damages, loss, injury or otherwise.

New Domain Accounts

All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by System 6 Hosting on behalf of the account holder a handling fee will be incurred. System 6 Hosting is not a Domain Registrar and will use or recommend a 3^rd party to register your domain name with.

Support Boundaries

System 6 Hosting provides technical support to our subscribers. We limit our technical support to our area of expertise. Support related to your service account's physical functioning is included in your service. Software setup of your site is available at an additional fee or may be included in a promotional package.

System 6 Hosting does not offer free tech support for application specific issues such as cgi or php programming, html or any other such issues. Such support can be provided at additional cost.

System 6 Hosting does not provide technical support for your customers.

To open a support ticket you must send email to support@system6hosting.com describing your issue and other related information.

SPAM and Unsolicited Commercial Email (UCE)

System 6 Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of System 6 Hosting may not use or permit others to use our network to transact in UCE. Customers of System 6 Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

1.     Violation of System 6 Hosting’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, System 6 Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, System 6 Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, System 6 Hosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, System 6 Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. System 6 Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.

2.     First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that System 6 Hosting personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

3.     As our Customers are ultimately responsible for the actions of their clients over System 6 Hosting’s network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

BEGINNING IMMEDIATELY, anyone 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 will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.  

Network

IP Address Ownership

If System 6 Hosting assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to System 6 Hosting, and Customer shall have no right to use that Internet Protocol address except as permitted by System 6 Hosting in its sole discretion in connection with the Services, during the term of this Agreement. System 6 Hosting shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by System 6 Hosting, and System 6 Hosting reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth and Disk Usage

Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). System 6 Hosting will monitor Customer's bandwidth and disk usage. System 6 Hosting shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in System 6 Hosting’s sole and absolute discretion. If System 6 Hosting 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. In the event that a customer exceeds the included allocation, System 6 Hosting may, at its sole discretion, collect a deposit, in an amount determined by System 6 Hosting, against customer's credit card on file with System 6 Hosting.

System and Network Security

Users are prohibited from violating or attempting to violate the security of System 6 Hosting’s network. Violations of system or network security may result in civil or criminal liability. System 6 Hosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

1.     Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

2.     Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

3.     Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail
bombing" or "crashing".

4.     Forging any TCP/IP packet header, server related statistical data, Shoutcast YP touches, log files, or any part of the header information in any e-mail or newsgroup posting.

5.     Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation

System 6 Hosting is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation

Any User, which System 6 Hosting determines to have violated any element of this policy, shall receive an email, warning them of the violation. The service may be subject at System 6 Hosting’s discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation

Users that System 6 Hosting determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks
are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation

System 6 Hosting reserves the right to suspend network access to any customer if in the judgment of System 6 Hosting’s network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which System 6 Hosting chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

Amendments

System 6 Hosting reserves the right to amend its policies at any time, without notice. All Sub-Networks, resellers and managed servers of System 6 Hosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification

System 6 Hosting wishes to emphasize that in agreeing to System 6 Hosting's AUP and TOS, customer indemnifies System 6 Hosting for any violation of the AUP and TOS that results in loss to System 6 Hosting or the bringing of any claim against System 6 Hosting by any third-party. This means that if System 6 Hosting is sued because of Subscriber's or a customer of a Subscriber's activity, the Subscriber will pay any damages awarded against System 6 Hosting, plus all costs and attorney's fees.

Miscellaneous Provisions

You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are used, in that order of preference.

A waiver by System 6 Hosting of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of System 6 Hosting. System 6 Hosting may assign Agreement at anytime without consent from or notice to Subscriber. System 6 Hosting reserves right to cancel customers rights under this contract at anytime without further obligation.

System 6 Hosting takes no responsibility for any material input by others and not posted to System 6 Hosting's network by System 6 Hosting itself. System 6 Hosting is not responsible for the content of any other websites linked to System 6 Hosting's network; links are provided as Internet navigation tools only. System 6 Hosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

System 6 Hosting is not responsible for any damages your business may suffer. System 6 Hosting does not make implied or written warranties for any of our services. System 6 Hosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by System 6 Hosting.

It is absolutely forbidden to host IRC servers on virtual and IP based web hosting accounts. These types of accounts found hosting this will be subject to immediate cancellation without refund.

Responsibility for Content

You, as System 6 Hosting's customer, are solely responsible for the content stored on and served by your System 6 Hosting server.

Denial of Service

We reserve the right to deny service to anyone at any time for any reason.