|
TERMS OF SERVICE (TOS)
IMPORTANT NOTICE: *All
Payments To Schogini Are Non-Refundable*
Schogini. Systems (Schogini, Inc.) ("The Company") agrees to furnish
services to the Subscriber, subject to the following TOS (Terms of
Service).
Use of Schogini Service constitutes acceptance and agreement to
Schogini's AUP as well as Schogini's TOS (Terms of
Service).
All provisions of this contract are subject to the TOS (Terms of Service)
of Schogini.com and AUP (Acceptable Use Policy). The AUP may be changed
from time to time at the discretion of the Company. Subscriber understands
that change to the AUP by the Company shall not be grounds for early
contract termination or non-payment.
Disclosure to Law Enforcement: The AUP specifically prohibits the use of
our service for illegal activities. Therefore, Subscriber agrees that the
Company may disclose any and all subscriber information including assigned
IP numbers, account history, account use, etc. to any law enforcement
agent who makes a written request without further consent or notification
to the Subscriber. In addition Schogini shall have the right to terminate
all service set forth in this Agreement.
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 the Company may prospectively change
the specified rates and charges from time to time. The promotional offer
is contingent upon Company achieving and maintaining its cost of service
goals including but not limited to rates charged to company by its
suppliers.
Payment: Establishment of this service is dependent upon receipt by the
Company of payment of stated charges. Subsequent payments are due on the
due date based on the billing cycle chosen.
Refund and Disputes: All payments to Schogini.com are nonrefundable. All
overcharges or billing disputes must be reported within 60 days of the
time the dispute occurred. For any reason the payment made to Schogini
gets charged back/bounced. you agree to pay Schogini an "Administrative
Fee" of $20, while restoring the payment..
Failure to Pay: The Company 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: Requests for canceling accounts may be made giving
at least 30 days notice but not more than 60 days prior.
Subscriber acknowledges that the service provided is of such a nature that
service 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.
New Domain Accounts: All new webhosting accounts involving new domains
will be set up and entered into our DNS servers within 1 to 5 business
days. Due to unforeseen complications, however, this process may sometimes
require up to 7 business days.
Transfer of Domains: New webhosting accounts which involve the transfer of
a domain from another provider to Schogini.com will require a minimum of
seven (7) days to be set up and entered into our DNS servers. In some
cases, such transfers may take up to sixty (60) days. Due to the
unpredictable nature of the transfer process, no guarantees are made
regarding the amount of time a specific transfer may take. If the transfer
of the domain is done by Schogini.com on behalf of the account holder a
handling fee will be incurred. If the customer cancels service during the
transfer period for any reason, all charges are considered earned.
Support Boundaries: Schogini, provides 24 x 7 technical support to our
subscribers (except for few holidays and short company meetings when we
close our center.) We limit our technical support to our area of
expertise. The following is our guidelines when providing support:
Schogini provides support related to your site or virtual site physical
functioning. Schogini does not offer tech support for application specific
issues such as cgi programming, html or any other such issue. Schogini
does not provide technical support for YOUR customers. If you can email,
we encourage you to email support@Schogini.com for assistance. If you are
able to get online and have other questions, the answers may be on our
home page here - we encourage you to check there first. Lastly, the Help
files in the program you are using may have the answer to your question so
please do investigate these resources before calling tech support.
SPAM and Unsolicited Commercial Email (UCE): Schogini 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 Schogini
may not use or permit others to use our network to transact in UCE.
Customers of Schogini 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.
Violation of Schogini's SPAM policy will result in severe penalties. Upon
notification of an alleged violation of our SPAM policy, Schogini will
initiate an immediate investigation (within 48 hours of notification).
During the investigation, Schogini may restrict customer access to the
site to prevent further violations. If a customer is found to be in
violation of our SPAM policy, Schogini may, at its sole discretion,
restrict, suspend or terminate customer's account. Further, Schogini
reserves the right to pursue civil remedies for any costs associated with
the investigation of a substantiated policy violation. Schogini will
notify law enforcement officials if the violation is believed to be a
criminal offense.
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 Schogini personnel must
spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their
clients over the Schogini network, it is advisable that Customers develop
a similar, or stricter, policy for their clients.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their site
that support spammers or cause any of our IP space to be listed in any of
the various Spam Databases will have their site immediately removed from
our network. The site will not be reconnected until such time that you
agree to remove ANY and ALL traces of the offending material immediately
upon reactivation we will confirm that all material has been COMPLETELY
removed. Severe violations may result in immediate and permanent removal
of the site from our server without notice to the customer. Any account
guilty of a second violation WILL be immediately and permanently removed
from our servers without notice.
Network
IP Address Ownership: If Schogini assigns Customer an Internet Protocol
address for Customer's use, the right to use that Internet Protocol
address shall belong only to Schogini, and Customer shall have no right to
use that Internet Protocol address except as permitted by Schogini in its
sole discretion in connection with the Services, during the term of this
Agreement. Schogini shall maintain and control ownership of all Internet
Protocol numbers and addresses that may be assigned to Customer by
Schogini, and Schogini 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.
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"). Schogini will
monitor Customer's bandwidth and disk usage. Schogini 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 Schogini's sole and absolute discretion. If Schogini 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, Schogini may, at its sole
discretion, collect a deposit, in an amount determined by Schogini,
against customer's credit card on file with Schogini.
System and Network Security: Users are prohibited from violating or
attempting to violate the security of the Schogini Servers. Violations of
system or network security may result in civil or criminal liability.
Schogini 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:
Accessing data not intended for such User or logging into an account or
account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without proper
authorization.
Attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading, "flooding", "mail
bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in
any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not
entitled.
Notification of Violation:
Schogini 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 Schogini determines to have violated any
element of this Acceptable Use Policy, shall receive an email, warning
them of the violation. The service may be subject at Schogini's discretion
to a temporary suspension pending a User's agreement in writing, to
refrain from any further violations.
Second Violation: Users that Schogini 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.
Suspension of Service or Cancellation: Schogini reserves the right to
suspend access to any customer if in the judgment of the Schogini 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 Schogini 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.
Schogini reserves the right to amend its policies at any time. 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: Schogini wishes to emphasize that in agreeing to the
Schogini Acceptable Use Policy (AUP) and Terms of Service (ToS), customer
indemnifies Schogini for any violation of the Acceptable Use Policy (AUP)
and Terms of Service (ToS) that results in loss to Schogini or the
bringing of any claim against Schogini by any third-party. This means that
if Schogini is sued because of a customer's or a customer of a customer's
activity, the customer will pay any damages awarded against Schogini, plus
all costs and attorney's fees.
Miscellaneous Provisions: You must provide us with, and keep current, good
contact information for you. E-mail, fax, and telephone contacts are used,
in that order of preference.
A waiver by the Company 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 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.
Schogini takes no responsibility for any material input by others and not
posted to the Schogini Network by Schogini. Schogini is not responsible
for the content of any other websites linked to the Schogini Network;
links are provided as Internet navigation tools only. Schogini 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.
Schogini is not responsible for any damages your business may suffer.
Schogini does not make implied or written warranties for any of our
services. Schogini 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 Schogini.
It is absolutely forbidden to host pornographic content or IRC servers on
your Accounts.
Responsibility for Content: You, as Schogini's customer, are solely
responsible for the content stored on and served by your Schogini server.
Customer agrees not to remove, modify or obscure any copyright, trademark
or other proprietary rights notices that appear on Software Products or
that appear during the use of Software Products. Customer further agrees
not to reverse engineer, decompile, or disassemble the Software Products.
Schogini may provide you access to other third party software and/or
services ("Third Party Products ") through reseller relationships Schogini
has established with certain commercial vendors, including without
limitation, Microsoft Corporation ("Third Party Vendors"). Unless
otherwise notified, Customer understands that product support for Third
Party Products is provided by Schogini and not by the Third Party Vendor.
Neither Schogini nor any Third Party Vendor makes any representations or
warranties, express or implied, regarding any Third Party Products.
Customer expressly acknowledges and agrees that use of third party
products is at customer's sole risk and such third party products are
provided "as is" and without representation or warranty of any kind from
Schogini or any third party vendor, including without limitation, any
implied warranty of merchantability, fitness for a particular purpose,
accuracy or completeness of responses or results, correspondence to
description, or non-infringement of third party rights. To the maximum
extent permitted by applicable law, neither Schogini nor any third party
vendor will be legally responsible for any damages, whether direct,
indirect, or consequential, arising from the use or inability to use any
third party product. Customer agrees to observe the terms of any license
and/or applicable end user subscriber agreement for third party products
and that customer shall be fully liable to third party vendors and
Schogini with respect to any improper use of such third party products or
violation of license agreements with them and/or applicable end user
subscriber agreements.
Denial of Service: We reserve the right to refuse service to anyone at any
time for any reason.
Copyright 1997-2004 Schogini Systems. |
