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.
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 via Credit Card (Unless other arrangements are made prior to ordering Service).
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% 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. All payments to SILVER-LOGIC WEB SERVICES are nonrefundable.
Sales/Specials or New Plans
All sales and server specials apply only to new SILVER-LOGIC customers. Current customers can upgrade at anytime and pay the difference in Service fee’s to get the current special or new plan. 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.
Requests for canceling accounts must be submitted from within Your Account (https://www.silver-logic.com/clients). All other forms of notice will not constitute acceptance of any cancellation. All cancellations must be submitted at least 7 days before your next renewal. Your account will be terminated on the 7th day after 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 $15.00 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.
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:
- 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.
- 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.
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:
- 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.
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:
- 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.
- 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.
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.
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.
Revisions to SILVER-LOGIC 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.