Speedy5

Revision date:03/14/2008

Services provided by Speedy5 may only be used for lawful purposes. Transmission, storage or presentation of any information, data or materials, in violation of any United States federal, state or city law, is prohibited. This includes, but is not limited to copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute.

Table of Contents

1. Unacceptable Content.
2. Traffic Usage.
3. Hardware Abuse.
4. Billing.
5. Money Back Guarantee and Refunds.
6. Cancellation.
7. Refusal of Service.
8. Limitation of Liability.
9. Violations.
10. Disclaimer.
11. Account Activation.
12. Summary.

Unacceptable Content

Prohibited, are sites that promote any illegal activity or present content that may be damaging to Speedy5. Links to such materials are also prohibited. Any account found to be in breach of this segment, will be held accountable, and liable for immediate termination. Examples of unacceptable content or links:

1. Pirated software.
2. Hacker programs or archives.
3. Warez content.

Traffic Usage

Hosting services come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1 for each GB of traffic exceeded. This amount is not prorated. This does not apply to voice servers.

Hardware Abuse

Attempts to undermine or cause harm to hardware or a client of Speedy5 is strictly prohibited. You are responsible for all your accounts. Should you violate the Terms of Service outlined within, your account will be cancelled without chance of refund.

Billing

Upon Activation Date, occurring each month, Speedy5 shall either:

1. Debit the client's credit card (when such information has been provided by the client.) If insufficient funds are in said client's account, then you will have a period of 24 hours to complete transaction. Speedy5 shall be entitles to immediately terminate this agreement for a client's failure to make timely payments.
2. Deliver, by e-mail or regular mail, an invoice in accordance with the applicable service fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Speedy5 by no later than the specified payment due date. Speedy5 shall be entitled to immediately terminate this agreement for a clients' failure to make timely payments.

Accounts with any past due invoices will be suspended and charged a late fee after two days of their due date. Any account suspended for more than a seven day period will be terminated.

Money Back Guarantee and Refunds

Speedy5 does not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. Any violations of these Terms of Services will result in no refunds.

Cancellation

Speedy5 DOES NOT refund partial monthly fees to accounts. We require 7 days notice for a cancellation.

Refusal of Service

Speedy5 reserves the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability

Speedy5 shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Speedy5's hardware going off-line or being unavailable for any reason whatsoever. Furthermore, Speedy5 shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any Website from one of Speedy5's hardware. All damages shall be limited to the immediate termination of service.

Violations

Violations of these Terms of Service should be referred to Speedy5. All complaints will be investigated promptly. Failure to follow any Terms or Conditions will be grounds for immediate account deactivation.

Disclaimer

Speedy5 cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their Website was functioning. Moreover, Speedy5 holds no responsibility for the use of our clients' accounts. Failure to comply with any Terms or Conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Speedy5 deems fit.

Account Activation

By activating your account with Speedy5, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

Summary

NOTICE: If you sign up for an account and fail to comply with the above Terms and Conditions, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee

Speedy5 guarantees 99.9% service (http, ftp, pop, imap, smtp) uptime on all hosting services. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.

Speedy5 reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our hosting services without notification. It is recommended that you view these Terms of Service periodically for possible updates.

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