Sustained Hits: Terms of Service

Terms of Use

Sustainedhits.com ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Sustained Hits Service constitutes acceptance and agreement to Sustainedhits's AUP as well as Sustainedhits's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Sustainedhits.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 Sustainedhits 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 supplier

Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the start of service.(Monthly/Bi-Yearly/Yearly)

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 emailed with at least 30 days notice but not more than 60 days prior written notice and sent via an email to your service rep.

Interrupted Service reasons other than the negligence of the company: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 business day. Propagation of this domain name should not take more then 24 hours

Support Boundaries: Sustainedhits, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.)

SPAM and Unsolicited Commercial Email (UCE): Sustainedhits 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 Sustainedhits may not use or permit others to use our network to transact in UCE. Customers of Sustainedhits 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 Sustainedhits's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Sustainedhits will initiate an immediate investigation (within 48 hours of notification). During the investigation, Sustainedhits may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Sustainedhits may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Sustainedhits reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Sustainedhits 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 Sustainedhits 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 Sustainedhits network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IP Address Ownership: If Sustainedhits assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Sustainedhits, and Customer shall have no right to use that Internet Protocol address except as permitted by Sustainedhits in its sole discretion in connection with the Services, during the term of this Agreement. Sustainedhits shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Sustainedhits, and Sustainedhits 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. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

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"). Sustainedhits will monitor Customer's bandwidth and disk usage. Sustainedhits 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 Sustainedhits's sole and absolute discretion. If Sustainedhits 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, Sustainedhits may, at its sole discretion, collect a deposit, in an amount determined by Sustainedhits, against customer's credit card on file with Sustainedhits.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the Sustainedhits Network. Violations of system or network security may result in civil or criminal liability. Sustainedhits 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 a server 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.

Notice of Violation:

Sustainedhits 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 Sustainedhits 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 Sustainedhits's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation: Users that Sustainedhits 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.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation: Sustainedhits reserves the right to suspend network access to any customer if in the judgment of the Sustainedhits 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 Sustainedhits 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.

Responsibility for Content: You, as Sustainedhits's customer, are solely responsible for the content stored on and served by your Sustainedhits server.

Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.

Sustainedhits reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Sustainedhits must adhere to the above policies. 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.

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