This Agreement shall be construed in all respects in accordance with the laws of the state(s) wherein the service(s) are provided:

• All services broadly: In accordance with the laws of the state of New York, county of Monroe applicable to contracts enforceable in that state. Venue will be Monroe County, New York.

• Note: Under general provision 15. Indemnification 'the subscriber indemnifies us for any violation of the AUP and TOS that results in loss to us or the bringing of any claim against us by any third-party.' Refer to it below for more information.

Service-Specific Terms:

• Supreme DuoServer services are governed by the following Terms that supersede any of the Terms or Policy outlined elsewhere on this site (excluding the Indemnification General Provision):

  • All Terms & Conditions
  • Cancellation/Refund Policy

• SecureServer services are governed by the following Terms that supersede any of the Terms or Policy outlined elsewhere on this site (excluding the Indemnification General Provision):

  • Universal Terms & Conditions
  • Refund Policy
  • All Other Agreements

General Provisions:

1. Disclosure to Law Enforcement: The AUP specifically prohibits use of our service(s) for illegal activities. Therefore, the 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, we shall have the right to terminate all service(s) set forth in this Agreement.

2. Service Rates: The Subscriber acknowledges that the nature of the service(s) furnished and the initial rate(s) and charge(s) have been communicated to the Subscriber. The Subscriber is aware that the Company may prospectively change the specified rate(s) and charge(s) from time to time. Any promotional offer is contingent upon the Company achieving and maintaining its cost of service goals including but not limited to rates charged to the Company by its suppliers.

3. Payment: Establishment of service(s) is dependent upon receipt by the Company of payment in the amount of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service(s), or if paid annually the anniversary date for that year's service(s).

4. Payments and Fees: Service will be interrupted on accounts that that fail to make payment for service(s). Service(s) interrupted for nonpayment may be subject to a $50 reconnect charge. Accounts that are not collectable by us may be turned over to an outside collection agency for collection. If your account is turned over to a collection agency, you agree to pay the company a 'Processing and Collection' Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this - as outlined in the TOS.

5. Refund and Disputes: All payments direct to us are non-refundable. This includes any one-time setup fee(s), if applicable, and subsequent charges - regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that - in our sole discretion - is a valid charge under the provisions of the TOS and/or AUP, you agree to pay us an "Administrative Fee" of not less than $50 and not more than $150.

6. Failure to Pay: The Company may temporarily deny service(s) or terminate this Agreement upon the failure of the Subscriber to pay charges when due. The termination or denial of service(s) under this provision does not relieve the Subscriber of the responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

7. Account Cancelation: Requests for canceling accounts may be made in writing with at least 30 days notice, but not more than 60 days prior written notice by email.

8. Interruption of Service(s) & Damages: The Subscriber acknowledges that the service(s) provided are of such a nature that service(s) can be interrupted for many reasons - other than negligence of the Company - and that damages resulting from any interruption of service(s) are difficult to ascertain. Therefore, the Subscriber agrees that the Company shall not be liable for any damages arising from such causes beyond the direct exclusive control of the Company. The Subscriber further acknowledges that the Company's liability for it's own negligence may not in any event exceed an amount equivalent to charges payable by the Subscriber for service(s) during the period for which the damages occurred. In no event shall the Company be liable for any special or consequential damages, loss or injury.

9. Support Boundaries: We provide technical support to our Subscribers according to the availability of necessary resources (omitting the unavailability around a few holidays and short company meetings when technical support is unavailable.) We limit our technical support to the area(s) of service(s) we offer. The following are guidelines when providing support: we provide support to your server's or virtual site's physical functioning. We do not offer tech support for application specific issues such as CGI programming, HTML or any other such issue. We do not provide support for YOUR customers or clients (if you happen to resell our service(s) as part of a package). If you can, we encourage you to e-mail us for assistance. If you are able to get online and have any other question(s), the answer(s) might be found in the Frequently Asked Questions (FAQ) or Support sections of our site - we encourage you to check there first. Lastly, the Help Files in the program you are using may have the answer to your question - so please investigate these resources before contacting tech support.

10. SPAM and Unsolicited Commercial E-mail (UCE) Including Opt-In Lists: We take a zero tolerance approach to the sending and/or receiving of Unsolicited Commercial E-mail (UCE) or SPAM, even opt-in list mailing over our network. Very simply, this means that the Subscriber may not use or permit others to use our network to transact in UCE. The Subscriber may not host, or permit the hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service(s).

• Violation of the SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, we will initiate an immediate investigation (within 48 hours of notification). During the investigation, we may restrict the Subscriber access to the network to prevent further violations. If a Subscriber is found to be in violation of our SPAM policy we may - at our sole discretion - restrict, suspend, or terminate the Subscriber's account. Further, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We 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 $300 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $600 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 $200/hour that our personnel must spend to investigate the matter. PLEASE, DO NOT SPAM FROM YOUR ACCOUNT!

• As the Subscriber is ultimately responsible for the actions of their clients over our network, it is advisable that the Subscriber develop a similar - or stricter - policy for their clients.

  IMPORTANT NOTICE:

  BEGINNING IMMEDIATELY, anyone hosting any website(s) or service(s) on their server that support spammers or cause any of our IP space to be listed in any of the various SPAM Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the Subscriber. Any server guilty of a second violation WILL BE IMMEDIATELY AND PERMANENTLY REMOVED from our network without notice.

11. Network:

    • IP Address Ownership: If the Company assigns the Subscriber and Internet Protocol address for the Subscriber's use, the right to use that Internet Protocol address shall belong only to the Company, and the Subscriber shall have no right to use that Internet Protocol address except as permitted by the Company in our sole discretion in connection with the Service(s), during the term of this agreement. We shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Subscriber by the Company, and we reserve the right to change or remove any and all such Internet Protocol numbers and addresses - in the sole and absolute discretion of the Company. The Company's allocation of IP addresses is limited by ARIN's new policies. These new policies state that the use of IP addresses for IP based virtual hosts will not be accepted as justification for a new IP addresses. What this means 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: The Subscriber agrees that their bandwidth and disk usage shall not exceed the number of megabytes per month for the Service(s) ordered by the Subscriber when on the Order Form (the "Agreed Usage"). We will monitor the Subscriber's bandwidth and disk usage. We have the right to take corrective action if the Subscriber'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 service(s) or termination of this Agreement - which actions may be taken is in our sole and absolute discretion. If we take any corrective action under this section, the Subscriber shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a Subscriber exceeds the included allocation, we may - at our sole discretion - collect a deposit - in an amount determined by us - against the Subscriber's payment account on file with us.

    • System and Network Security: Users (not limited just to the Subscriber - including their authorized and/or authorized users and/or visitors) are prohibited from violating or attempting to violate the security of our Network. Violations of any system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations, which may also require the need to involve and/or 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(s) or logging into a server or account which the 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 to - 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(s).

      • Taking any action in order to obtain services to which such User is not entitled.

12. Notification of Violation:

    • We are under no duty to look at each Subscriber's (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 Subscriber account, which we have determined to have violated any element of the AUP, shall receive an email warning them of the violation. The service may be subject - at our discretion - to a temporary suspension pending the Subscriber's agreement in writing to refrain from any further violation(s).

    • Second Violation: Subscriber accounts that we determine to have committed a Second Violation of any element of the AUP 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 (DOS) complaints if it is clear that the offending activity is causing great harm to parties on the internet. In particular this includes: if open relays are on your network or a customer's network, or if DOS 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 it is feasible.

13. Suspension of Service or Cancellation: The Company reserves the right to suspend network activity to any Subscriber if - in the judgment of the network administrators - the Subscriber'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 the Company chooses. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. Prior notification to the Subscriber is not assured. In extreme cases law enforcement will be contacted regarding the activity. The Subscriber will not be credited for the time the Subscriber's machine(s) were suspended.

14. Amendments of Policies: The Company reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers must adhere to the contained policies. Failure to follow any term or condition will be grounds for immediate Cancellation. The Subscriber will be held responsible for the actions of their clients in the matter described on these terms and conditions set forth in this Agreement. Therefore, it is in the Subscriber's best interest to implement similar or stricter terms and conditions or otherwise - as referred to within the Acceptable Use Policy (AUP).

15. Indemnification: The Company wishes to emphasize that in agreeing to the Acceptable Use Policy (AUP) and the Terms Of Service (TOS), the subscriber indemnifies us for any violation of the AUP and TOS that results in loss to us or the bringing of any claim against us by any third-party. (This means that if we are sued because of a Subscriber's or a customer of a Subscriber's activity, the Subscriber will pay any damages awarded agains us plus all costs and attorney's fees.)

16. Miscellaneous Provisions: You (the Subscriber) must provide the Company with, and keep current, good contact information for you (the Subscriber). E-mail, fax, and telephone contacts are used (in that order of preference.)

    • A waiver by the Company of any breach of any provision of this Agreement by the Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof, or as a waiver of any breach of any other provision thereof.

    • The Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. The Company may assign this Agreement at anytime without consent from or notice to the Subscriber. The Company reserves the right to cancel the Subscriber's rights under this contract at anytime without further obligation.

    • The Company takes no responsibility for any material input by others and not posted by the Company or its agents. The Company is not responsible for the content of any other website(s) linked to us; link(s) are provided as internet navigation tools only. The Company disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.

    • The Company is not responsible for any damages your business may suffer. The Company does not make implied or written warranties for any of its services. The Company denies any warranty or merchantability for a specific purpose - this includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions by the Company.

    • It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

17. Responsibility for Content: The Subscriber, as the customer, are solely responsible for the content stored on and served by your server.

18. Windows Servers: Requirements for using Microsoft software...

    • Subscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft if violated.

    • The Subscriber agrees not to remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. The Subscriber further agrees not to reverse engineer, decompile, or disassemble the Software Products.

    • The Company may provide you, the Subscriber, access to other third party software and/or service(s) ("Third Party Products") through reseller relationships we have established with certain commercial vendors - including without limitation - Microsoft Corporation ("Third Party Vendors.") Unless otherwise notified, the Subscriber understands that the product support for Third Party Products is provided by us and not by the Third Party Vendor, including - without limitation - any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither us (the Company) nor any Third Party Vendor will be legally responsible for any damages - whether direct, indirect, or consequential - arising from the use or inability to use any Third Party Product(s). The Subscriber agrees to observe the terms of any license and/or applicable end-user subscriber agreement for Third Party Product(s) and that the Subscriber shall be fully liable to Third Party Vendors and us (the Company) with respect to any improper use of such Third Party Products or violation of license agreements with them and/or applicable end-user subscriber agreements.

19. Abuse Towards Our Staff, Network Staff, Or Providers: Abuse towards our staff, network staff, or providers will not be tolerated. If anyone uses foul language, threatens us, or does anything we may find offensive we may suspend their account or - if we decides it needs to be - delete it and offer no refund. Per our AUP and TOS we offer no refunds.