Sleek Server
POLICY AND SERVICE GUIDELINES (ToS - Terms of Service)
Sleek Server (“we” or “us”) provides web hosting to many different kind of clients (Client is referred to as “you” or “client”). Therefore we have the responsibility to protect each of our clients and their interests and to provide the best services available. The following guidelines were designed to ensure that these obligations are met.
FURTHERMORE, these Policies, Guidelines, and Disclaimer are intended for all domains residing on Sleek Server servers or affiliates.
Content:
All services provided by Sleek Server may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material 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 or other statute. The subscriber agrees to indemnify and hold harmless Sleek Server from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography and sex-related web hosting of any kind is prohibited on all Sleek Server servers. This includes sites that may infer sexual content, or provide links to adult content elsewhere. Sleek Server will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to Sleek Server servers or any other server on the internet. Links to such materials are also prohibited.
We also do not allow sites with political content as 'hate sites', Nazi affiliated sites, or sites that propagate political activity against specific races, religions or countries - including against the United States of America.
Examples of unacceptable content or links or usage:
Pirated (cracked) software
Hacker programs or archives
Warez sites
Pishing sites
Copyrighted Material (e.g. MP3's)
Any Site that consumes more than 5% of system resources
Following are a list of sites that will often require more than 5% of our systems resources: Multiple domains residing at a single IP address, domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.), and domain accounts offering download files.
It may be permitted for your web site to contain such files as scripts (just one example). However, if at any time such files consume 5% or more of our systems resources, you may be contacted to eliminate or reduce such files in order to resolve the problem. In the event of an emergency, Sleek Server maintains the right to disable your account.
Sleek Server will be the sole arbiter as to what constitutes a violation of these terms.
Traffic Usage
All Sleek Server plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each GB of traffic exceeded. This amount is not prorated; for example, if the traffic allowance is exceeded by 1MB or by 1GB the additional charge will be the same. Your account will be suspended automatically by our systems in the event the traffic limit has been reached. This is a) to protect you in case a 3rd party is misusing your account without proper permission (e.g., somebody hacked your account) and b) to protect us as we are responsible for paying the increased amount of bandwidth to our wholesaler.
Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from a Sleek Server server or using an email address or domain that is maintained on a Sleek Server machine as reference is STRICTLY prohibited. Selling software or services related to email advertising is also prohibited. Sleek Server will be the sole arbiter as to what constitutes a violation of this provision.
Chat Rooms:
We do not allow clients to install their own chat rooms on any Sleek Server account or site without prior written approval. You may use the free chat room scripts provided through our control panel.
Background Running Programs:
We do not allow programs to run continually in the background. Such programs will be monitored on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
IRC:
We do not allow IRC or IRC bots to be operated on our servers.
Forums:
You will be allowed to install many kinds of forum software. However, many CGI-based applications may use more system resources than comparable PHP based software. We recommend the use of applications such as phpBB or vBulletin forum software. If necessary we will require you to shut down the forum or move to a dedicated server.
Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of Sleek Server is strictly prohibited.
Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion at any time, and without the need of further justification.
All Sub-Networks, distributive hosting sites and dedicated servers of Sleek Server must adhere to the above policies.
BILLING:
Recurring Billing:
We usually DO NOT send out invoices. All credit cards are billed automatically monthly, quarterly, semi-annually or annually. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, as a courtesy we will send an email notification at which point we will need to be provided with another credit card within 24 hours. If we do not receive a response within 24 hours the affected account will be deactivated as will any other accounts secured with the same credit card.
Account Deactivations:
Any account deactivated due to non-payment will require a reactivation fee of $25.00 to be paid prior to reactivation of the account.
Cancellation Refunds:
We DO NOT refund partial monthly or annual fees to accounts canceled after their 30 day initial account activation period.
Currency
All prices are in US Dollars(USD). We are not responsible for any currency exchange fees of your credit card company or your bank.
LIMITATION OF LIABILITY:
Sleek Server shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Sleek Server servers going off-line or being unavailable for any reason whatsoever. Furthermore, Sleek Server shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Sleek Server servers. All damages shall be limited to the immediate termination of service. All clients are advised to pull regular backups of their sites. We cannot be held responsible for missing files, data or lost business.
You agree to indemnify, defend, and hold harmless Sleek Server from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting directly or indirectly from your use of the service which damages either you, Sleek Server, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
Violations of these Terms of Service should be referred to
support@sleekserver.com
All complaints will be investigated promptly. Failure to follow any term or condition will be reason for immediate account deactivation.
DISCLAIMER:
Sleek Server cannot be held liable for unexpected system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits a client would have gained if their site was functioning. We are currently functioning as a reseller for the web hosting services. Thus, certain equipment, routing, software, and programming used by Sleek Server are not directly owned or written by Sleek Server. We also depend on the services and terms of the Seller of these services. If any of our ToS is (for whatever reason) conflicts with the ToS of the seller - the seller's ToS apply. Moreover, Sleek Server holds no responsibility for the use of our clients’ accounts. If any terms or conditions are not followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advance notice for any reason without restitution as Sleek Server deems necessary. We cannot be held liable for links to other sites placed on our systems by clients; the client/owner of a site is responsible for the content and activity of his/her site!
ACCOUNT ACTIVATION:
By activating your account with Sleek Server, you agree to the above policies and disclaimer. Upon requesting an account activation, 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 within your account information.
NOTICE: If you sign up for an account and do not follow our terms, your account will be deactivated and no refunds will be provided. We will, however notify you by email or phone before any action is taken and you will usually have 24 hours to resolve the matter.
FURTHERMORE, Sleek Server retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to increase any pricing upon automatic renewal, and make changes to our account plans without notification. Our services may be used only for lawful purposes -- any use of these services which violates any laws which may apply to Sleek Server, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. You also agree that you as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in his or her own name. You agree to supply Sleek Server with a current and truthful name, postal address, e-mail address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate and report any possible fraudulent credit card use.
Money Back Guarantee: If you are not satisfied our service for any reason during the first 30 days of service, and you notify us via e-mail at
billing@sleekserver.com, we will refund your web hosting fees. Unfortunately, we are unable to refund the setup fees (if there are any) as this is a one-time fee to activate your account. The guarantee is also void if you used more than 2 GB bandwidth on your account. This is to protect Sleek Server from people who move from web host to web host by using similar guarantees to gain access to 'free' resources. 30 days as well as 2 GB bandwidth should give each customer enough time to test our services and performance of our support and of our servers. The 30 day money back guarantee only applies to web hosting services. Domain Name Registration or web design services or any other services we might provide are not included and not covered under this guarantee. If you violate any provision of this document (Sleek Server Terms and Conditions) you will not be eligible for the 30-Day money back guarantee.
NOTICE
**If your account is found to contain illegal activity, Illegal MP3 Files, Pirated software, hacker programs, Warez programs, or any other illegal files, your account will be terminated immediately without notice and a $25.00 Cancellation fee will apply. ** Also the proper federal (and your local) authorities will be notified of your actions.
Unless specified, web hosting accounts do not include domain name registration fees. The customer is responsible for registering his/her domain name at Sleek Server or the registrar of his/her own choice.
Domain Registration
Domain Registration fees are non-refundable. It is your responsibility to make sure that you have no spelling errors in the domain name when you register it. Please be advised that domain registrations through sleekserver.com are governed by these terms.
**Please note: Domain Name Registration fees WILL NOT be refunded.**
