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customer care: terms and conditions
This Agreement is between SilverFlame GraphX, Inc., duly and the Customer(s) or Account Holder(s) (individual User(s) of this Service) for the provisions by SilverFlame, and its affiliated companies, to provide certain hosting services to allow the Customer to offer content on the Internet. These services include space on SilverFlame's web servers to store HTML, database, and related multimedia documents and files, the ability to maintain these pages through one FTP ("File Transfer Protocol") account, and email accounts. By logging onto SilverFlame's network, you are accepting our terms and conditions. Breech of AUP or other SilverFlame Policies, may result in immediate termination of services.
We reserve the right to modify these terms and conditions as well as the account rates at any time.
ACCESS, SERVER USAGE AND COLD FUSION/WEB HOSTING ACCOUNT MAINTENANCE
SilverFlame shall require an appropriate and legal method of access to provide the Customer a link to SilverFlame. It is understood that SilverFlame does not normally own or control the various cables, telecommunications or other facilities to which it may provide access. The Customer is responsible for providing operating and maintaining the necessary computer hardware and software used for this service at their site. SilverFlame access shall be offered to the Customer in accordance with the criteria set by SilverFlame. The Customer shall be responsible for user/access security and server access. SilverFlame provides no user access security with respect to any at the Customer facilities or facilities of others. SilverFlame will assist in server security breach detection or identification, but shall not be liable for any inability, failure or mistake in doing so.
SilverFlame will assign a password and account to Customer. Customer is responsible to update and maintain it's Cold Fusion/Web Hosting Account and associated information on the Internet. SilverFlame is not liable for data integrity and graphical file images.
Only Cold Fusion/Web hosting accounts whose content are the Customer's own and not of any other entity are allowed. The Customer shall not resell its own web space as provided with the service. To resell web space, please activate a ResellerPLUS Hosting Account.
Server Usage.
Any use of SilverFlame's systems that disrupts the normal use of the system for other SilverFlame customers is considered to be abuse of SilverFlame services and is grounds for termination of this Service Agreement. Some examples of abuse include spawning dozens of processes, consuming large amounts of memory or CPU cycles for long periods of time, attempting to access other Customers' account areas, or conducting provocative activities such as mass emailings which may result in retaliatory actions against SilverFlame's systems.
Depending upon the nature and severity of any abuses, the Customer may receive an E-mail warning detailing the nature of the abuse. If the abuse of services is not terminated within two (2) days, a certified letter will be sent to the customer formally requesting termination of the stated abuse. Customer then must terminate stated abuse within two (2) days, otherwise the Service Agreement will be terminated. Any reconnection of a terminated account will require a reconnection fee.
If, in SilverFlame's sole discretion, the nature and severity of any abuses is severe enough, SilverFlame may terminate the Service Agreement immediately without written notification.
SilverFlame allows most forms of Cold Fusion/Web hosting but does require SilverFlame's consent for all adult based web sites including sites pertaining to violence, nudity, and sex.
ACTIVATION DATE
The "Activation Date" refers to the day in which the subscriber has registered his account with SilverFlame regardless if the subscriber uses or does not use our servers.
SILVERFLAME'S FEES
For this service, the Customer shall commit to SilverFlame through their credit card, or invoice, the setup and periodic service fees. The setup fees are non-refundable. Service Commencement is initiated on the basis of the receipt of the validated credit card information, or invoice, committing to the appropriate fees. SilverFlame will debit Customer's credit card, or account, for these charges.
DOMAIN NAME POLICIES AND FEES
Network Solutions, Inc. serves as the InterNIC domain name registrar under a cooperative agreement sponsored by the National Science Foundation. It is suggested that Customer review the following information published by InterNIC:
- Fees and Procedures
- Invoicing and Payment Procedures
- Frequently Asked Questions
- Domain Name Registration Form
Our policies concerning Domain Name Registration will also apply to this agreement.
BILLING AND INVOICING.
We will start billing our customers on the activation date. However, under some circumstances, we may adjust the billing date. Payment is due 15 days from the invoice date. In the event of a cancellation, written notice is required to terminate the account. You are responsible for all charges through the end of the current billing cycle, including past due invoices. No credit will be issued for unused services. You agree to pay all fees incurred by using more disk space or bandwidth than what is included with the plan you have selected. Set-up fees are non-refundable.
Accounts which are delinquent by more than 15 days will be placed on "administrative hold" and may not be used. An account which is delinquent for 45 days will have their files archived. Any account that is delinquent for 90 days will have all files purged from all SilverFlame servers. Customer's account will continue to accrue charges while on "administrative hold." Any delinquent account exceeding this time frame may be referred to a collection agency.
Check Paying Customers.
We will mail the invoice 15 days before the due date. If the bill is 9 days past the due date, the account will be deactivated without further notice. In this case, monthly charges still apply to any usage after the due date and before termination. If the subscriber calls us and requests for his account to be reactivated, we can reactivate at SilverFlame's discretion but will require payment to be received 15 days before the start of the next billing cycle. We will not, under any circumstances, reactivate the account if it is 15 days past due unless we receive payment in full.
Credit Card Paying Customers.
We will charge at the end of each 30 day billing period.
Reactivated Accounts.
Any Customer whose services are terminated or suspended will be asked to pay a $15.00 reconnection fee to restart the account. We will only accept payments through credit cards or by our 3 or 6 month contracts.
Refunds.
If you are dissatisfied with SilverFlame's service, you may obtain a full refund within 15 days of signing up by notifying us in writing the reason you were not satisfied. Allow up to two weeks to process any refunds.
Proration Of Fees
Refunds or prorations are applicable only to unused full months. If service is bought in one month, three months or yearly increments, and service is terminated by Customer via written requests, or service is terminated by SilverFlame, (See Item 16). Customer will only receive a prorated refund if the account is deactivated before their activation date in 1 month increments.
Rates & Plans.
SilverFlame's U.S. Standard service costs is outlined in its Rates & Plans page. Prices are subject to change in proportion with business needs as required. SilverFlame's reserves the right to evaluate all account bandwidth usage, quarterly, and adjust monthly fees in accordance with usage; with the lowest fees being SilverFlame's relevant published fees.
There is a $25.00 charge for insufficient funds on bad checks.
CANCELLING THE ACCOUNT
There are three ways to cancel the account:
The first way is to email sysadmin@silverflame.com.
The second way is to send a letter to our office at:
- SilverFlame GraphX, Inc.
- 5820 Clay Avenue
- La Mesa, CA 91942
The third way is to fax us at 619.303.7371.
Please refer to your contract for cancellation terms as early termination fees may apply.
Please give us your username, password, and personal information you gave us when you originally signed up the account. Also note if you want the account terminated immediately, at end of your billing period, or at a specific date. Please check back with us in a few days to make sure your account has been cancelled.
TERM/EXTENSION/TERMINATION
This Agreement shall extend from the Activation date, until one month from the Activation date, and shall continue month-by-month as per this Agreement. Relevant fee refers to the published price of SilverFlame's service fees which can be found at http://www.silverflame.com/HostingRates.cfm. Customer is responsible to notify SilverFlame of any changes in their name, address, credit card information, etc. Termination from SilverFlame will only be accepted in writing to our California office street address: 5820 Clay Avenue, La Mesa, CA 91942, by phone (619.232.5555) , or by email to billing@silverflame.com.
SilverFlame retains the right to terminate Customer's account for any reason it solely determines. The Customer specifically waives the right to sue or have the ability to surrogate those rights for any losses. If SilverFlame terminates your service, SilverFlame will prorate and refund any unused monthly service fees in 1 month increments.
WARRANTIES
Backup Of Data.
The account holder's use of SilverFlame's services are at his or her own risk. SilverFlame is not responsible for the files residing on your account. The account holder agrees to take full responsibility for files and data transferred and to maintain all appropriate backup files and data stored on SilverFlame's servers.
Although SilverFlame does make backups of files on our servers, the account holder should always have a backup on his or her own local PC or on any other form of media backup.
Neither SilverFlame nor its affiliated companies warrant any connection to, transmission over, nor results or use of, any server connection provided (or failed to be provided) under this Agreement. The Customer is responsible for the integrity of its data and all graphical files. SilverFlame assumes no responsibility for any damages suffered by Customer, including but not limited to, loss of data from delays, non-deliveries, mis-deliveries, or service interruptions caused by SilverFlame and/or its affiliated companies' own negligence of Customer's errors and/or omission.
The account holder will agree to indemnify SilverFlame against any liability for any and all use of Customer's account. The account holder will furthermore, agree to indemnify and hold SilverFlame harmless from any claims and expenses, including reasonable attorney's fees, related to Customer's violation of the Service Agreement or Customer's direct or indirect damage to another party.
Related Hardware Or Software Products.
SilverFlame makes no warranty with respect to any software used or provided by SilverFlame in connection with this service. Any patent, trademark, trade secret or warranty infringements, whether actual or alleged, are the direct responsibility of the manufacturer of said software product. SilverFlame assumes no responsibility for any actions or liabilities arising from the possession or use of these software products.
LIMITATION OF LIABILITY
Neither party shall be liable to the other for any loss, damage, liability, claim or expense arising out of or in relation to this Agreement or the provision of the service, however caused, whether grounded in contract, or tort (including negligence) or theory of strict Liability. The parties agree to work in good faith to implement the purposes of this Agreement, but recognize that the server connection and services to be provided by SilverFlame can not be made available under these terms or similar terms without a substantial increase in cost if the parties were to assume a greater degree of liability to each other.
NOTICES
All correspondence given by our Customers are required under this Agreement that are electronically mailed (E-Mailed) or telephoned in shall be confirmed in writing, addressed to SilverFlame.
We will communicate with our customers through email. We therefore require our users to expect all important correspondence with SilverFlame to be through your SilverFlame or current e-mail account.
REGULATION AND AUTHORIZATION
All services to be provided by the Customer either in part or in total through SilverFlame are appropriate subject to relevant Federal and State regulations. If these same services are offered through other servers, SilverFlame accepts no responsibility for their authorization. This service may only be used for lawful purposes. Materials and/or transmission in violation of any local, state, Federal or international regulations is prohibited. This includes, but is not limited to, copyright material, threatening or obscene material, or material protected by trade secret. Customer agrees to indemnify and hold harmless SilverFlame from any claims resulting from Customer and third party use of this service.
NO ASSIGNMENT
The Customer shall not sell, resell, transfer, or assign this Agreement without the prior written consent of SilverFlame. Any act in derogation of the foregoing shall make this Agreement null and void; provided, however, that any such assignment shall not relieve the Customer of their obligations under this Agreement.
SEVERABILITY AND ENTIRE AGREEMENT
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect. This Agreement represents the complete agreement and understanding of the parties with respect to the subject matter herein, and supersedes any other Agreement or Understanding, written or oral.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A SILVERFLAME CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.
Please read these guidelines and AUP for Internet Services carefully before opening or an account with SilverFlame. By using SilverFlame's services, you agree to comply with these and all SilverFlame Policies. SilverFlame may terminate your SilverFlame account if you fail to comply with these policies. If you do not agree to be bound by these guidelines, you should immediately end your use of SilverFlame services and notify the Billing department so that SilverFlame may initiate a closure of your account.
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