Terms of Service
Syntac Solutions seeks to provide you with top
quality technology and service thus allowing you the opportunity to administer
your own web site on the World Wide Web (WWW) in the most efficient and
effective way possible. We continually upgrade our servers, network, and support
to help you achieve your goals in hosting.
Syntac Solutions reserves the right to refuse service to anyone at any time.
However, if Syntac Solutions should deem it necessary to initiate termination of
services with you, Syntac Solutions specifically agrees to provide reasonable
access to you in order to allow you to download any files which may still reside
on the web site or server being removed from the network. In no event shall
Syntac Solutions be liable for any loss, loss of data, or other commercial
damage, including but not limited to special, incidental, consequential or other
damages, which result from this termination of services.
Web-site Content. The content of your website will remain on your virtual server
and is not available to any other entity. You have the right to retain on your
virtual server; any and all files that you seek to hold that do not violate the
following rules. Customers are prohibited from transmitting on or through any of
Syntac Solution's services, any material that is, in Syntac Solution's sole
discretion: unlawful, obscene, threatening, abusive, libelous, encourages
criminal mischief, gives rise to civil liability, or otherwise violates any
local, state, federal, or international law and/or treatise. In short, Syntac
Solutions hosting services may only be used for lawful activities
Syntac Solutions does not allow connection to, or use of, any software or 'bots'
for IRC or the reselling of 'shell accounts'. These are deemed as a high
security risk and if found will result in account suspension or termination with
no refunds under any circumstances.
Pornography: Syntac Solutions has a zero tolerance policy on pornography that
violates local, state, federal, or international law. This includes, but is not
limited to, child pornography, bestiality, hard-core pornography, and others not
allowed by law. Syntac Solutions does not seek to abridge any users rights, but
we uphold any and all laws applicable to the content of sites hosted on our
servers and/or network. Syntac Solutions reserves the right to deny service
without cause for sites with adult content that we deem violates local, state,
or federal law.
Syntac Solutions does take an active role in monitoring all sites via the web
for content that does not comply with the preceding guidelines. Syntac Solutions
specifically retains the right to make the final decision in any matter relating
to site content. If you wish to seek hosting services with Syntac Solutions
and you are concerned about content, please send your concerns to support@sshost.net
Network. Our servers were designed to give you
the maximum freedom of administration and access to the Internet at the lowest
cost available. Our Network usage is open to all Syntac Solution users. Your
server is welcome on our network as long as your site does not create a problem
for the network. High Network traffic or throughput is not a problem at Syntac
Solutions, but extreme network traffic or extreme uploading and downloading
can create problems. Your maximum throughput allowed by your website is an estimate
of your usage. You are allowed to exceed your maximum usage without being shut
off. You will be billed for the additional throughput on your next billing cycle.
Please help Syntac Solutions plan for the future and popularity of your website.
If you know in advance due to advertising, publicity, or general interest that
your throughput will exceed 2 times the amount allowable by your plan, please
contact us at support@sshost.net. This
will ensure no downtime and maximum availability of your website at all times.
We can upgrade you to another service plan or make other arrangements to save
you money and to ensure your site is available at all times.
Syntac Solution customers may not use our network to circumvent user
authentication or security of any host, network, or account. This includes, but
is not limited to, accessing data not intended for the customer, logging into a
server or account the customer is not expressly authorized to access, password
cracking, probing the security of other networks or directly violating the
security policy of another organization. Customers are also not allowed to
interfere or deny service to any user, host, or network by flooding, mail
bombing, or attempts to overload or crash the host network. Any violation of the
network guidelines set forth will result in deactivation of your virtual or
dedicated server for resolution.
Mass Mailings. Syntac Solutions has a zero tolerance policy on SPAM, Junk E-mail
or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or
substantially similar, unsolicited electronic mail message, whether commercial
or not, to more than one recipient. A message is considered unsolicited if it is
posted in violation of a newsgroup charter or if it is sent to a recipient who
has not requested or invited the message. UCE also includes e-mail with forged
headers, compromised mail server relays, and false contact information. This
prohibition extends to the sending of unsolicited mass mailings from another
service, which in any way implicates the use of the Syntac Solution's servers
and/or network. Violation of the above terms will result in one or all of the
following:
A warning from Syntac Solutions personnel by E-Mail or Telephone
Removal of DNS for the advertised/originating site
Temporary shutdown of the website/server or a block on outgoing mail
Permanent disconnection of service
Repeat violation of the above terms will result in the following actions
Immediate disconnection of service with no re-activation
A US$1000 fee assessed and charged to your account for violation
Absolutely NO REFUNDS for ANY REASON
Additional US$10 fee charged to your account per E-Mail sent after notification
If your actions have caused Syntac Solutions servers or IP Addresses to be placed
on ANY blackhole lists and other mail filtering software systems used by ISP’s
and Web Hosting companies around the world, you will be assessed a $1000 charge
to your account and $150 per hour for administrative charges incurred to remove
and protect our servers and/or IP Addresses. If you have further questions about
our mass mailing policy, please send them to support@sshost.net.
If you want to report abuse by one of our users, please send the e-mail to support@sshost.net.
Mailing Lists: Our mass mailing rules also apply to mailing lists, list servs,
or mailing services you may contract with. Our policy is the following: An acceptable
mailing list will be focused at a target audience that has voluntarily signed
up for your e-mail information or that has made their e-mail address available
for distribution of information from you. Your own list servs in which customers
have signed up for in the past, is a valid mailing list. If one of your members
asks to be removed, please remove them as soon as feasibly possible. Internally
created mailing lists are valid as long as your customers agree to receive the
e-mail. Purchased mailing lists are generally a violation of the rules because
you have not received authority from the recipient to send them an e-mail. The
final rule to all mailing lists is simple: if your customers begin to send spam
complaints to Syntac Solutions about your e-mail, you will be bound to the terms
of mass mailings listed above. If you have direct questions in reference to
mailing lists, please send your question to support@sshost.net
Password Protection: Syntac Solutions will turn over the administrative username
and password for your contracted server at the commencement of the contract.
This username and password will be kept in your confidence throughout the
contract term. This current username and password will be provided back to
Syntac Solutions personnel at the end of your term. Failure to provide
administrative access to a server after the service term will result in
formatting of all hard drives located on the server. It is the customers
responsibility to keep the administrative username and passwords during the term
of the contract
Copyright Infringement – Software Piracy: During the term of the hosting
contract, Syntac Solutions grants Customer a non-transferable, non-exclusive
license to use the Software, in object code form only, for its internal needs,
to be used solely on the Hardware provided, and solely in conjunction with the
Services. Customer agrees that it will not, directly or indirectly copy the
Software, except as is necessary to install on Hardware and for internal,
archival purposes. In the event Customer makes any copies of the Software,
Customer shall reproduce all proprietary notices on such copies; reverse
engineer, decompile, disassemble, modify or otherwise attempt to derive source
code from the Software; sell, lease, license, transfer, give possession of, or
sublicense the Software or the documentation to others; write or develop any
derivative or other software programs, based, in whole or in part, upon the
Software or any Confidential Information.
The location of third party software on your virtual or dedicated server that
violates Copyright law is prohibited. Syntac Solutions will work with the
appropriate authorities in locating and removing any and all software that is
deemed to be used in violation of a valid software license. Please do not
locate, use, install, execute, or store software that you do not own a valid
software license to, on Syntac Solution's servers. Violators will be terminated
IP Addresses: Syntac Solutions MAY assign and allow the use of IP addresses to
the customer for the length of the contract. These IP addresses are the sole
property of Syntac Solutions or its network provider, are non-portable, and will
be retained after service has ceased. Syntac Solutions does reserve the right to
change the customer IP address designation at any time. The use of an IP Address
outside of your assignment by Syntac Solutions will result in a $150 per hour
administrative fee to restore correct IP addressing. This is also viewed as a
breach of network security and your virtual or dedicated server will be taken
offline until the problem is resolved. Administrative fees will be billed to
your account the following business day.
Suspension: Syntac Solutions specifically reserves the right to suspend network
service to your virtual, dedicated or co-located server at our discretion.
Suspension will only occur for violation of our AUP, non-payment for services,
or by request of legal authorities with proper legal documents. Suspension will
only occur for the absolute minimal amount of time to resolve the issue at hand.
SERVICE INTERRUPTIONS. Syntac Solutions shall not be liable for failure or delay
in performing its obligations hereunder if such failure or delay is due to
circumstances beyond its reasonable control, including, without limitation, acts
of any governmental body, war, insurrection, sabotage, embargo, fire, flood,
strike or other labor disturbance, interruption of or delay in transportation,
unavailability of, interruption or delay in telecommunications or third party
services, failure of third party software or inability to obtain raw materials,
supplies, or power used in or equipment needed for provision of the Services.
Customer understands and agrees that occasional temporary interruptions of any
Internet Services may occur as normal events in the provision of the Internet
Services. Syntac Solutions agrees to exercise reasonable care to prevent such
occurrences; however, under no circumstances will Syntac Solutions be held
liable for any financial or other damages due to such interruptions. In no event
shall Syntac Solutions be liable to Customer or any other person for any
special, incidental, consequential or punitive damages of any kind, including,
without limitation, refunds of fees, loss of profits, loss of income or cost of
replacement services.
Governing Law and Forum. This Agreement shall be governed and interpreted
according to USA Law. For all disputes arising out of or related to this
Agreement or Service Orders, the parties irrevocably consent to the exclusive
jurisdiction of the Courts of the United States. Customer’s address for purposes
of service of process shall be the address designated for notices in this
Agreement. In connection with all actions in which Syntac Solutions is awarded
amounts due from Customer, Syntac Solutions shall be awarded (either in that
action or by way of a separate action) its costs and expenses of litigation
(including reasonable attorneys’ fees), through trial and appeal. Syntac
Solutions may at its sole discretion seek leave to conduct any legal process as
described herein in any jurisdiction of any country where a customer or
defendant cannot otherwise be brought to order under the laws of the United
States.
LIMITATION OF LIABILITY. Syntac Solution's liability (including, for purposes of
this paragraph only, any of its employees, agents, or representatives), to
Customer (either directly or as a third party defendant in any action or
proceeding) for any claim arising out of or relating to this Agreement or
Service Orders or the provision of any Services under Service Orders (including,
without limitation maintenance and support) shall be limited to the amount of
fees paid by Customer to Syntac Solutions under this Agreement within one year
preceding the date Customer contends its claim arose. In no event shall Syntac
Solutions be liable for any loss of data, loss of profits, cost of cover, or any
other special, incidental, consequential, indirect or punitive damages, however
caused and regardless of theory of liability. This limitation will apply even if
Syntac Solutions has been advised of, or is aware of, the possibility of such
damages.
DISCLAIMER OF WARRANTIES. Syntac Solutions specifically disclaims all implied
warranties, including but not limited to, the implied warranties of
merchantability and fitness for a particular purpose. Except as otherwise
provided in this Agreement, any written materials by Syntac Solutions, or
information on Syntac Solution’s web site, shall be for informational purposes
only and, whether delivered or disseminated before or after the date of this
Agreement, shall not create any express or implied warranties, guaranty of
performance, or contractual obligations.
Any violations of the above policies will result in immediate suspension of
services and/or termination of your server service. By entering into a hosting
contract with Syntac Solutions you agree to be bound by these policies, terms
and conditions.