Sun Imaging

TERMS & CONDITIONS

The terms below are an important part of the service contract between you and Sun Imaging. Once you apply for our service, you must agree to these terms and conditions or your order will not be processed.

The following words used in context of the Service Contract are defined as follows:

"Provider" - Sun Imaging
"Client" - The party wishing to engage in web hosting, Internet access, or Internet services

Client Name: Customer

The Internet is intended for use by mature adults (and by minors when supervised by mature adults). Our clients are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. The client is expected to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided.

Common sense is the best guide as to what is considered acceptable use.

The following are unacceptable uses: Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of U.S. export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.

Net abuse, including but not limited to activities such as using a non-existent email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses), mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. The provider reserves the right to determine what constitutes net abuse.

Tortuous conduct, including but not limited to posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights. Misuse of system resources, including but not limited to employing posts or programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for the clients own account; or resale of access to CGI scripts installed on our servers.

Domain pointers are to be used for the purpose of having more than one way to find the same site, not for the purposes of sharing an account among multiple sites. A domain pointer may not be set up to reference a subdirectory within an existing Web hosting account served by the provider or any other provider. Domain pointers are not to be used as a substitute for purchasing separate accounts.

The Provider agrees to provide, and Client agrees to receive, access to the public servers or Web hosting services according to the following terms and conditions:

Client will use the virtual server or Web hosting packages and all other provided services in a manner consistent with any and all applicable laws of the State of California, and the US Federal Government. Client authorizes Provider to charge all fees due to the submitted credit card or checking account. Provider reserves the right, in its sole discretion, to deactivate the Client's virtual server or Web hosting account(s) without further warning upon an indication of credit problems including delinquent payments, or if this service contract is violated, or if Client's account or the traffic on this account causes any kind of network or server problem / disturbances. Since client is not allowed to resell web space, (unless a re-seller agreement has been approved) the provider reserves the right to disable an account or some of its files or directories if client violates this policy.

Provider reserves the right, in its sole discretion, to deactivate the Client's virtual server or Web hosting account(s) without further warning upon an indication of credit problems including delinquent payments, or if this service contract is violated, or if Client's account or the traffic on this account causes any kind of network or server problem / disturbances. Since client is not allowed to resell web space, (unless a re-seller agreement has been approved) the provider reserves the right to disable an account or some of its files or directories if client violates this policy.

THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR ALL WEB HOSTING PACKAGES AND ALL OTHER SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.

Availability of Services

Subject to the terms and conditions of this Agreement, Sun Imaging shall use commercially reasonable efforts to provide hosting on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. Client agrees that from time to time the hosting service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Sun Imaging may undertake from time to time; or (iii) causes beyond the control of Sun Imaging or that are not reasonably foreseeable by Sun Imaging, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. Client further agree that the availability of hosting service may be inaccessible during periods of time for scheduled upgrades or downgrades. Client agrees that Sun Imaging has no control of availability of hosting on a continuous or uninterrupted basis.

Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use the public servers, Web hosting packages and any other services for any reason. While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not responsible for Client's files residing on Provider. Client is solely responsible for independent backup of data stored on Providers server and network. If Provider needs and is able to restore client's files due to a file lost provider is not responsible for, provider may charge an additional fee for this service.

CLIENT HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS. CLIENT HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE PUBLIC SERVER OR WEB HOSTING PRODUCT (S) OR THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE NOT LIMITED TO PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, HACKING, WAREZ, AND ANY HARASSING AND HARMFUL MATERIALS OR USES. CLIENT HEREBY A GREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH THE PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE VIRTUAL SERVER ACCOUNT(S) OR HOST SERVER(S). PROVIDER MAY CHARGE A $150 DEACTIVATION FEE IF CLIENTS VIOLATION LEADS TO AN ACCOUNT DEACTIVATION OR SUSPENSION.

Due to the public nature of the Internet, all information should be considered publicly accessible and important or private information should be treated carefully. Provider is not liable for protection, routing, delivery, collection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings (UCE) is strictly prohibited. Provider reserves the right to deactivate the Client's account(s) upon an indication of such activity without further notice. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's account(s). Provider reserves the right to charge a $150 deactivation fee, if client's violation of provider's anti-spamming policy leads to an account deactivation or suspension. In the event it is necessary to refer any dispute to an attorney, a collection agency, or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees, collection fees, and all costs associated with any legal action, whether or not a suit shall actually be filed.

PAYMENT TERMS

Client acknowledges that there is NO cooling-off period! All orders, sales and terms are final once the service is ordered (i.e. by clicking the order button of the online order form). If an account has been setup and the initial setup fee is not paid, provider has the right to immediately close the account and to refuse service. Sun Imaging reserves the right to change prices or to institute new charges at any time, upon prior notice. Price changes and institution of new charges implemented during your membership period will apply to subsequent membership periods after the effective date of the change. All pricing changes will be posted on the Sun Imaging web site, and such posting shall be considered sufficient notice to you of such changes. You are responsible for regularly reviewing pricing information as posted so that you have notice of such changes. Your continued use of Sun Imaging services, or your failure to terminate your membership, after any such changes are posted (or effective) will constitute your acceptance of the prices for subsequent membership periods. If a credit card payment is declined by the client's bank or if the account is not paid on time provider will charge a $29.00 late fee per billing cycle and a $45.00 fee for each payment-related suspension. If client disputes justified charges by provider on his or her credit card, provider has the right to charge a $150.00 administration fee in addition to the regular suspension charge and immediately discontinue service.