Silver-Logic Web Services
 

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Terms of Service

SILVER-LOGIC WEB SERVICES (the “Company”) agrees to furnish internet and/or web hosting services to the Subscriber, subject to the following Subscriber Agreement (Terms of Service) and SILVER-LOGIC WEB SERVICES Customer Policy. Please be sure to read both documents before becoming a SILVER-LOGIC WEB SERVICES 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. Use of SILVER-LOGIC Service constitutes acceptance and agreement to all of SILVER-LOGIC's Subscriber Agreement and customer policies. Any use of a SILVER-LOGIC service is subject to the provisions of this contract and all terms of SILVER-LOGIC's policies.

Payment
Establishment of this service is dependent upon receipt of the stated charges by the Company. Depending on when you sign up for Service and what Service Plan you choose, will determine when you next payment is due. All payments recur on the same date as the original Service was ordered. All Payments received by SILVER-LOGIC from its customers and subscribers are non-refundable.

Payments and Fees
Accounts not paid by due date are subject to a $10.00 late fee per month of delinquency. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment is subject to an additional $50 reconnection charge. Service will only be reconnected upon receipt of all amounts due. At this time SILVER-LOGIC WEB SERVICES only takes Payments through PayPal (Unless other arrangements are made prior to ordering Service).

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. If the Company increases rates you are not liable to pay the increased fee unless your Service becomes delinquent.

99% Uptime Gurantee (SLA)
SILVER-LOGIC Availability Guarantee ensures Internet connectivity is provided to SILVER-LOGIC customers 99.9% of the time and, as set forth below; SILVER-LOGIC will credit Customer's account if SILVER-LOGIC fails to meet this Network Uptime Guarantee during any given calendar month. At Customer's request, SILVER-LOGIC will calculate Customer's "Network Unavailability" in a calendar month. "Network Unavailability" consists of the number of minutes that the SILVER-LOGIC Network was not available to the customer, but will not include unavailability which Customer fails to report to SILVER-LOGIC within five days, or any unavailability resulting from

(a) Scheduled SILVER-LOGIC Network Maintenance,
(b) Equipment failure,
(c) Customer's applications or equipment,
(d) acts or omissions of Customer
(e) any use or user of the service authorized by Customer or
(f) reasons of Force Majeure. For each cumulative one half hour (30 minutes) of Network Unavailability or fraction thereof in any calendar month, Customer's account shall be credited for the pro-rated charges for one day of the SILVER-LOGIC Monthly Fee, up to but not exceeding the monthly hosting fee. This does not include additional charges such as bandwidth overages.

Limitations of Guarantee
The total credit granted to customer by any aspect of this Service Level Guarantee during any calendar month will not exceed the monthly fee for the same calendar month.All guarantees will not apply if downtime or unavailability occurs during standard SILVER-LOGIC maintenance windows, when Customer is notified at least 24-hours in advance of maintenance activities or unavailability of service guarantees. SILVER-LOGIC credits or remedy will be provided only upon request of the customer. Requests for credit due to Internet Connectivity must be received within 5-days of the failure. No guarantee or remedy will be provided at any time for failures determined attributable to reasons of Force Majeure.This SLA/TOS is subject to change at the sole discretion of SILVER-LOGIC, without notice to Customer. The most recent revision of this document will be posted to SILVER-LOGIC web site. All changes made to the SLA/TOS will be effective five (5) days after the first publishing date.

This SLA/TOS in no way construes SILVER-LOGIC will guarantee performance against failures of application specific failures, such as web server software, operating system software, failing hardware, web site application features, database performance or related components. It will be at SILVER-LOGIC's sole discretion to determine fault and identify failure to perform under the obligations of this SLA/TOS.

Refunds and Disputes
All billing disputes must be reported within 15 days of the time the dispute occurred. Because the Company uses a third party company (“PayPal”) to process all payments, the Company cannot be held liable for any fees that You incur from PayPal as per their Terms of Service or other Agreements. All payments to SILVER-LOGIC WEB SERVICES are nonrefundable.

Sales and Specials
All sales and server specials apply only to new SILVER-LOGIC customers. Current customers can pay a $5 upgrade fee plus any difference in Service fee's to get the current special. You are then locked into that payment plan and cannot go back to your old plan unless it is still available.

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 from within Your Account (https://silver-logic.com/youraccount). All other forms of notice will not constitute acceptance of any cancellation. All cancellations must be submitted 15 days of the preceding month. Your account will be terminated the day we receive your cancellation request unless otherwise requested.

New Domain Accounts
All new subscriber accounts requiring new domains should be available within 3 to 5 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 SILVER-LOGIC, on behalf of the account holder, there is a once yearly $10.00 fee/renewal. New Subscribers can avoid this charge by registering the new domain themselves.

Transfer of Domains
If a new Subscriber accounts will involve the transfer of a domain from another provider to SILVER-LOGIC, a minimum of seven (7) days is required before such accounts will be available. However, such transfers may take up to sixty (60) days due to the unpredictable nature of the transfer process. Therefore, SILVER-LOGIC makes no guarantees regarding the amount of time a domain transfer may take. If the new domain is transferred by SILVER-LOGIC, on behalf of the account holder, a handling fee of $50 will be charged by SILVER-LOGIC.

Bandwidth and Disk Allocation
SILVER-LOGIC can/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 SILVER-LOGIC 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 and Unsolicited Email
SILVER-LOGIC takes a zero tolerance approach to the sending of unsolicited ads or emails (SPAM) over our network. This means that subscribers and customers of SILVER-LOGIC: 1. May not use or permit others to use our network to transact SPAM 2. 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, SILVER-LOGIC:

  1. Will initiate an immediate investigation (within 48 hours) May restrict customer access to the network to prevent further violations. May restrict, suspend or terminate customer's account.
  2. 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.

System Security
Subscribers and customers are prohibited from violating or attempting to violate the integrity and security of the SILVER-LOGIC servers, system, or network. SILVER-LOGIC 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 SILVER-LOGIC services and systems, Subscribers and customers agree not to:

  1. 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.
  2. Take any action in order to obtain services to which such User is not entitled.

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. SILVER-LOGIC is under no duty to look at each Subscriber or customers' activities to determine if a violation of the SILVER-LOGIC Subscribers Agreement or Customer Policy has occurred. SILVER-LOGIC 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. Service may be subject to a temporary suspension pending a Subscriber or customers written agreement to refrain from any further violations.
  2. Immediate suspension or termination of service without further notice.

SILVER-LOGIC 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 SILVER-LOGIC personnel must spend to investigate and correct the matter. SILVER-LOGIC reserves the right to pursue civil remedies for any costs and/or damages associated with the investigation and correction of any policy violation.

Uncontrolled Interruptions of Service
Subscriber acknowledges that the services provided by SILVER-LOGIC 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 SILVER-LOGIC Terms of Service, and/or using SILVER-LOGIC services, Subscribers and customers agree to indemnify SILVER-LOGIC for any violation that results in a loss to SILVER-LOGIC or the bringing of any claim against SILVER-LOGIC by any third-party, including any damages of SILVER-LOGIC, any awards against SILVER-LOGIC, plus all costs and attorney's fees.

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

Responsibility for Content
SILVER-LOGIC is not responsible for the material input by others and not posted to the SILVER-LOGIC Network by SILVER-LOGIC. SILVER-LOGIC is not responsible for the content of websites linked to the SILVER-LOGIC Network; links are provided as Internet navigation tools only. It is absolutely forbidden to host pornographic content or IRC servers. You, as SILVER-LOGIC's Subscriber and customer, are solely responsible for the content stored on and served by your SILVER-LOGIC server.

Disclosure to Law Enforcement
The SILVER-LOGIC Terms of Service 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 SILVER-LOGIC 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 Terms of Service 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.

Acceptable Use Policy

This document is intended to provide a basic understanding of SILVER-LOGIC's company goals, expected behavior of its Subscribers and customers, and it’s Acceptable Use Policy.

While using the services provided by SILVER-LOGIC, this Acceptable Use Policy ("SILVER-LOGIC Customer Policy") is provided to give our subscribers and customers a guideline of acceptable behavior, protocol, and down-stream applications. All users of SILVER-LOGIC's services must comply with this SILVER-LOGIC Terms of Service (TOS). Please be sure to read both documents before becoming a SILVER-LOGIC Subscriber.

In accordance with our Terms of Service (TOS), SILVER-LOGIC may remove any materials, and discontinue service to any account that, in our sole discretion, may be operating illegally or contain illegal subject matter, may subject SILVER-LOGIC to liability, may bring harm to SILVER-LOGIC’s system, network, servers, subscribers, or customers, or which may violate the SILVER-LOGIC Subscriber Agreement or Customer Policy. Any believed, reported, suspected or alleged crime or civil wrongdoing will allow SILVER-LOGIC to notify and cooperate with legal authorities and/or third parties to investigate.

  • The following are core principles that SILVER-LOGIC strives to deliver to each and every Subscriber and Customer of our services. We ask that each Subscriber, Customer, Sub-network, and Reseller also follow these basic principles: Provide outstanding service with reliable security and privacy of our systems and network Foster full and unfettered access to the internet community while upholding full compliance with existing laws, rules, and regulations Encourage responsible and legal use of our networks and the Internet and only get involved to respond to inappropriate actions
  • Stop activities that: pose harm to others, are illegal, compromise SILVER-LOGIC systems and resources, discourage responsible users of SILVER-LOGIC services

The following constitute violations of this Acceptable Use Policy. We ask that each Subscriber, Customer, guest, and/or third parties refrain from the following or risk loss of services, additional fees, and possible legal actions. Sub-networks and Reseller are responsible if their customers, subscribers, guests or third parties perform any of the following as well:

  1. Cause or allow illegal use of SILVER-LOGIC's services, or in support of illegal activities in any manner, to include harming, or attempt to harm, minors in any way. Cause or allow unauthorized access, or to attempt to access, the accounts, systems, or servers of others, or to penetrate, or attempt to penetrate, security measures of SILVER-LOGIC's or another entity's computer software, hardware, network, or internet systems. Cause or allow the transmission of any material that threatens, harasses, or encourages bodily harm or destruction of property. Cause or allow or make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters." Cause or allow the modification of identifying network header information in an effort to deceive or mislead. Cause or allow the transmission of any unsolicited commercial or unsolicited bulk e-mail (SPAM) or cause or allow any of our IP space to be listed in any of the various Spam Databases. Commercial messages that are solicited by the recipients are permitted. Cause or allow your dedicated server or virtual site to publish material, in any form, fashion, or medium, which SILVER-LOGIC determines, at its sole discretion, to be unlawful, indecent, illegal or objectionable. Cause or allow the impeding of another person's use of electronic mail services or internet access.
  2. Cause or allow the transmission of any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party.

Any violation of this Acceptable Use Policy may result in corrective action by SILVER-LOGIC to include, but not be limited to, the suspension or immediate termination of your SILVER-LOGIC account and services, additional fees and charges, legal action or other actions as detailed in this document or the Terms of Service agreement without previous notice to the Subscriber or customer.

Sub-Network and Resellers
SILVER-LOGIC understands and welcomes Sub-networks and Resellers of SILVER-LOGIC services, however, these secondary service providers must insure that each and every one of their customers adheres to every policy and rule that is set forth in this Customer Policy and SILVER-LOGIC’s Subscriber Agreement. We strongly encourage each Sub-network and Reseller to adopt these policies, or even stronger policies, to insure the integrity and reliability of our services. Sub-networks and Resellers of SILVER-LOGIC services should, AT THE VERY LEAST, provide a copy of the SILVER-LOGIC Subscriber Agreement and Customer Policy to each and every customer of theirs.

Anyone using SILVER-LOGIC services, whether directly through SILVER-LOGIC or a secondary service supplier (Sub-network or Reseller), will be held accountable for their actions, and all Sub-networks and Resellers of SILVER-LOGIC services, customers, subscribers, third-party users, guests, and staff will be held accountable in accordance with the provisions contained within the SILVER-LOGIC Subscriber Agreement and Customer Policy.
As such, to make it perfectly clear, the following are, in addition to the other violations stated in the SILVER-LOGIC Subscriber Agreement and Customer Policy, actions that will not be tolerated and will constitute violations of SILVER-LOGIC policies:

  • Cause or allow the use of the SILVER-LOGIC service for any activity which affects the ability of other people or systems to use SILVER-LOGIC Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. Cause or allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Cause or allow unauthorized entry and/or use of another company and/or individual's computer, or attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. Cause or allow a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it. Cause or allow the Distribution and/or posting of, or the infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right protected materials. Cause or allow the intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems. Cause or allow the use of software or any device that would facilitate a continued connection, i.e. pinging, while using SILVER-LOGIC services. Cause or allow the hosting of pornographic content or IRC servers on Virtual Server Accounts.
  • Cause or allow the hosting of an IRC server that is part of, or connected to, another IRC network or server
Security
Every Subscriber, Customer, Sub-networks or Resellers of SILVER-LOGIC services is responsible for any misuse of a SILVER-LOGIC account, even if the inappropriate activity was committed by a third party, friend, family member, guest or employee. Therefore, everyone must take steps to ensure that others do not gain unauthorized access to SILVER-LOGIC accounts. In addition, SILVER-LOGIC accounts may not be uses to breach security of another account or attempt to gain unauthorized access to another network or server.
  • It is everyone’s responsibility to keep their password secure to protect the integrity and reliability of the SILVER-LOGIC system and network. Do not share your password and account access with unauthorized users as you will be held responsible for such use. Stay within the allowed use and allocation of your account. Attempting to obtain another user's account password is strictly prohibited, as well as attempting to bypass user authentication or security of any host, network or account.
  • Use services in a friendly, legal manner. Attempts to interfere with service to any user, host or network ("denial of service attacks") is prohibited. This includes, but is not limited to, "flooding" of networks, “overloading”, or “crashing" a host. Use or distribution of tools designed for compromising security is prohibited.
Reporting Violations
SILVER-LOGIC requests that anyone who believes that there is, or has been a victim of, a violation of the SILVER-LOGIC Acceptable Use Policy or Terms of Service Agreement direct the information to SILVER-LOGIC here.

If available, please provide the following information:

  • The IP address believed to have been used to commit the alleged violation The date and time of the alleged violation, copies of emails, transmissions, or any other evidence of the alleged violation.
  • The name, IP Address, email address, and contact telephone number of the person making the report. The information regarding the person making the report is for SILVER-LOGIC internal use only and will be kept anonymous. Such information may however, be required to be supplied to the legal authorities if a criminal investigation is commenced.
Revisions to SILVER-LOGIC Acceptable Use Policy And Terms Of Service Policy
SILVER-LOGIC reserves the right to revise, amend, or modify the SILVER-LOGIC Acceptable Use Policy and Terms of Service Policy, as well as any other policies and agreement of SILVER-LOGIC, at any time and in any manner without previous notice to SILVER-LOGIC Subscribers, customers, Sub-networks and Resellers of SILVER-LOGIC services, guests, third parties, and staff.
 
 
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