Terms of Use

Thursday, 20 May 2010 10:23 Super User

SurfXpress LLC agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Server Room's Service constitutes acceptance and agreement to
SurfXpress's AUP as well as SurfXpress's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of SurfXpress and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of SurfXpress. Subscriber understands that change to the AUP by SurfXpress shall not be grounds for non-payment.

SurfXpress reserves the right to cancel or suspend any account for any reason. An account may be canceled or suspended immediately when any breach of the following Terms of Service is found, in such cases no refund will be issued. Setup fees (if any) will not be refunded.

Privacy Policy SurfXpress respects your privacy! Any and all information collected on this site or our affiliates will be kept strictly confidential and will not be sold, rented, disclosed, or loaned! Any information you give to us will be held with the utmost care and will not be used in ways that you have not consented to. ( read more )

Communication SurfXpress will communicate with its customers through e-mail on issues related to our service. It is the responsibility of the customer to check any e-mail sent to the e-mail address provided. The customer is responsible to notify SurfXpress of any e-mail address changes.

Account Billing Accounts will be charged each billing cycle, unless a cancelation notice is received prior to the end of a billing cycle. The account holder is responsible for payment to the account - at least 5 days prior to the end of a billing cycle. The contract will be automatically cancelled if an account is past due more than 10 days. SurfXpress will refund any cancellation of accounts within 10 days of the order being placed with written request from the account holder.

Refunds The refund will be in the same form as the payment. If a credit or debit card payment, the refund will be given against the same card number. If a cheque or postal order, a cheque will be sent. If a PayPal payment, the refund will go to the same PayPal email.

Account Uses SurfXpress does NOT allow the following to be stored on host servers: illegal materials, adult materials, warez, copyrighted materials and anything that does not abide with city, state, and federal laws, or links to the above materials.

SurfXpress does NOT tolerate spamming. Customers are not allowed to use our servers, e-mail, URL or IP address hosted on host servers to send unsolicited commercial messages and/or communications in any form. Any accounts found to be involved in spamming will be canceled immediately without refund and the account holder will be liable for all costs involved to recover any damages plus administration costs.

The account holder will be responsible to make sure the users of his or her account fully comply with the Terms of Service.

Bandwidth and Resources SurfXpress offers an unlimited bandwidth policy by maintaining large ratios of bandwidth per customer. In rare cases, SurfXpress may find a customer to be using server resources (including bandwidth, processing power and stored e-mail) to such an extent that he or she may jeopardize server performance and resources available for other customers. In such instances, SurfXpress reserves the right to suspend or terminate that account immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of the servers.

Backups Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the Clients responsibility to maintain local copies of their web content and information. If data loss occurs due to negligence of Client in securing their account or by an action of the Client, SurfXpress will attempt to recover the data from the most recent archive for a $250.00 fee.

Disclaimer SurfXpress makes no warranties of any kind, whether expressed or implied, for the service it is providing. It is the responsibility of the customer to backup any files and e-mails stored on host servers. SurfXpress will not be responsible for damages or losses the customer suffers, and any consequential damages or losses. This includes, but not limited to the loss of data, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of any third parties.

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