Synapse Global Terms of Service/Service Agreement
By setting up your account at Synapse Global Corporation, you and/or your company are
bound to the terms of the following service contract.
============SERVICE AGREEMENT============
The following Agreement is by and between Synapse Global Corporation,
Synapse Global Corporation
("SGC") of
P.O. Box 1681
Lake Oswego, OR 97035
USA
WHEREAS, SGC is an information provider connected to the Internet.
SGC offers storage and transfer services over the Internet through
access to its Internet Servers;
WHEREAS, Client seeks to utilize SGC's server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned
nor controlled by any one entity; therefore, SGC can make no
guarantee that any given reader shall be able to access SGC's server
at any given time. SGC represents that it shall make every good faith
effort to ensure that its server is available as widely as possible
and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained
herein, the parties agree as follows;
I. Financial Arrangements:
1. Client agrees to a one (1), three (3), six (6) or twelve (12) month contract, beginning upon the date of this contract and payment.
2. Payment plus hosting and setup charges, if any, shall be due in advance.
3. This agreement will automatically renew for successive one (1), three (3),
six (6) or twelve (12) month periods unless canceled in writing 15 days
prior to the renewal date.
Client will receive an invoice for charges via electronic mail and
payment is due upon receipt. Renewal prices are subject to change.
Renewal of services by Client indicates agreement to Contract revisions.
4. Account Cancellation Procedures
Cancellation:
To cancel your account, Please follow these steps: (Note: you must cancel at least 15 days before the renewal date to avoid an automatic renewal.)
Log in to the customer area:
http://my.synapseglobal.com/
click on: "My Products and Services"
Then click on "View Details" for the package you wish to cancel.
From there, you can choose to request a cancellation.
Telephone and email cancellations are not accepted and only authorized
billing personnel can process cancellations. Any remaining balances must be paid
to prevent collection actions.
Client will receive an invoice for charges via electronic mail and
payment is due upon receipt. Renewal prices are subject to change.
Renewal of services by Client indicates agreement to Contract revisions.
II. Taxes:
SGC shall not be liable for any taxes or other fees to be paid in
accordance with or related to purchases made from Client or SGC's
servers. Client agrees to take full responsibility for all taxes
and fees of any nature associated with such products sold.
III. Material and Products:
1. Client will provide SGC with material and data in a
condition that is "server-ready", which is in a form requiring no
additional manipulation on the part of SGC. SGC shall make no effort
to validate this information for content, correctness or usability.
2. Use of SGC's service requires a certain level of knowledge
in the use of Internet languages, protocols, and software. This
level of knowledge varies depending on the anticipated use and
desired content of Client's Webspace by the Client.
The following examples are offered:
Web Publishing: recommended a knowledge of HTML,
properly locating and linking documents,
FTPing Web contents, Graphics, text, sound,
imagemapping, etc.
FrontPage web publishing: knowledge of the FrontPage tools
as well as basic Telnet and FTP understanding and
capability.
CGI-Scripts: requires a knowledge of the UNIX environment, TAR &
GUNZIP commands, Perl, CShell scripts, permissions, etc.
Auto-responders: a knowledge of Procmail auto-responder features,
forwarding mail, use of mail clients to receive mail, etc.
Dedicated Server: requires a knowledge of Unix system administration.
The Client agrees that he or she has the necessary knowledge to
create their Webspace. Client agrees that it is not the
responsibility of SGC to provide this knowledge or Customer
Support outside outside matter specific to SGC's servers.
3. SGC will exercise no control whatsoever over the content of
the information passing through the network. SGC makes no warranties
or representations of any kind, whether expressed or implied for the
service it is providing. SGC also disclaims any warranty of merchant-
ability or fitness for particular purpose and will not be responsible
for any damages that may be suffered by the Client, including loss of
data resulting from delays, non-deliveries or service interruptions by
any cause or errors or omissions of the Client. Use of any information
obtained by way of SGC is at the Client's own risk, and SGC
specifically denies any responsibility for the accuracy or quality of
information obtained through its services. Connection speed represents
the speed of a connection to and do not represent guarantees of avail-
able end to end bandwidth. SGC expressly limits its damages to the
Client for any non-accessibility time or other down time to the pro-
rata monthly charge during the system unavailability. SGC specifically
denies any responsibilities for any damages arising as a consequence
of such unavailability. In the event that this material is not
"server-ready", SGC may, at its option and at any time, reject this
material, including but not limited to after it has been put on SGC's
server. SGC agrees to notify Client immediately of its refusal of the
material and afford Client the opportunity to amend or modify the
material to satisfy the needs and/or requirements of SGC. If the
Client fails to modify the material, as directed by SGC, within a
reasonable period of time, which shall be determined between the
parties themselves, the Agreement shall be deemed to be terminated.
IV. Hardware, Equipment & Software:
The customer is responsible for and must provide all telephone,
computer, hardware and software equipment and services necessary
to access SGC. SGC makes no representations, warranties or assurances
that the Customer's equipment will be compatible with the SGC service.
V. Age:
The Client certifies that he or she is at least 18 years of age.
VI. Internet Etiquette:
Electronic forums such as mail distribution lists and Use Net news
groups all have expectations regarding subject area and appropriate
etiquette for posting. Users of these forums should be considerate
of the expectations and sensitivities of others on the network when
posting material for electronic distribution. The network resources
of SGC may not be used to impersonate another person or misrepresent
authorization to act on behalf of others or SGC. All messages trans-
mitted via SGC should correctly identify the sender; users may not
alter the attribution of origin in electronic mail messages or posting.
Users must not attempt to undermine the security or integrity of
computing systems or networks and must not attempt to gain unauthorized
access.
VII. Reasonable Use:
*For Non-dedicated server clients:
The Client agrees to reasonable server CPU, memory, as well as bandwidth use
to be determined by SGC.
a) Excessive CPU usage examples - Excessive amount of CPU
processing is expressly forbidden or your account will be immediately
account
terminated. This is valid for all customers of any of our servers.
For example:
IRC Daemons, are strictly prohibited
You cannot re-sell CGI access to other 3rd parties unless expressly used
as a resold client.
You cannot send/receive Email bombs.
You cannot re-sell our counters or auto-responders or mailing lists.
You cannot run chat rooms, either Java or CGI are prohibited.
(This includes but is not limited to: BitchX, eggdrop, chat.pl,
quickchat.cgi, etc.)
Other activities, whether lawful or unlawful, that we determine to be
harmful to our subscribers, operations, or reputation. This includes
activities that
restrict or inhibit any other user from using the service we provide or the
internet. SGC will be the sole arbiter as to what constitutes a violation of this
provision.
b) "Bandwidth" is defined as: The total amount of data downloaded
any site on Synapse Global Corporation's servers that are within a single billing
frame. For billing purposes, this is typically considered to be
monthly.
The following will expressly be prohibited from Synapse Global Corporation's
servers unless prior approval is received:
Sites with Banners, graphics or cgi scripts running from their domain used
on other domains.
Sites with picture galleries (This is any site where 50% of the files
transferred are graphics)
Sites offering download files or archives. (This is any site where 50% or
more of their monthly traffic is from file downloads)
Sites using more than 30% of system resources.
Bandwidth in excess of your monthly alotment will be billed at $0.50 per GB.
Synapse Global Corporation will be the sole arbiter as to what constitutes a violation
of this provision.
VIII. Termination:
This Agreement may be terminated by either party, without cause, by
giving the other party 15 days written notice before the next renewal period date. Prepaid fees shall not be
refunded to the Client by SGC. Notwithstanding the above, SGC may terminate
service under this Agreement at any time, without penalty, if the Client fails to comply
with any of the terms of this Agreement.
IX. Limited Liability:
1. Client expressly agrees that use of SGC's Server is at Client's
sole risk. Neither SGC, its employees, affiliates, agents, third party
information providers, merchants licensers or the like, warrant that
SGC's Server service will not be interrupted or error free; nor do
they make any warranty as to the results that may be obtained from the
use of the Server service or as to the accuracy, reliability or
content of any information service or merchandise contained in or
provided through the SGC Server service, unless otherwise expressly
stated in this Agreement.
2. Under no circumstances, including negligence, shall SGC, its
offices, agents or any one else involved in creating, producing or
distributing SGC's Server service be liable for any direct, indirect,
incidental, special or consequential damages that result from the use
of or inability to use the SGC Server service; or that results from
mistakes, omissions, interruptions, deletion of files, errors, defects,
delays in operation, or transmission or any failure of performance,
whether or not limited to acts of God or Nature, communication failure,
theft,
destruction or unauthorized access to SGC's records, programs or
services. Client hereby acknowledges that this paragraph shall apply
to all content on SGC's Server service.
3. Notwithstanding the above, Client's exclusive remedies for all
damages, losses and causes of actions whether in contract, tort
including negligence or otherwise, shall not exceed the aggregate
dollar amount which Client paid during the term of this Agreement
and any reasonable attorney's fee and court costs.
X. Lawful Purpose:
Client may only use SGC's Server for lawful purpose. Trans-
mission of any material in violation of any Federal, State or Local
regulation is prohibited. This includes, but is not limited to
copyrighted material, material legally judged to be threatening or
obscene, pornographic, profane, or material protected by trade secrets.
This also includes links or any connection to such materials.
XI. Indemnification:
Client agrees that it shall defend, indemnify, save and hold SGC
harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorneys' fees, ("Liabilities") asserted
against SGC, its agents, its customers, servants officers and
employees, that may arise or result from any service provided or
performed or agreed to be performed or any product sold by Client,
its agents, employees or assigns. Client agrees to defend, indemnify
and hold harmless SGC against Liabilities arising out of (i) any
injury to person or property caused by any products sold or otherwise
distributed in connection with SGC's Server; (ii) any material
supplied by Client infringing or allegedly infringing on the
proprietary rights of a third party; (iii) copyright infringement
and (iv) any defective product which Client sold on SGC Server.
XII. Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts.
Revisions will be considered agreed to by the Client on renewal of
Synapse Global Corporation services as specified in Section I. Financial
Arrangements.
XIII. Reselling:
1. Client is allowed to resell the storage and transfer services
provided by SGC. Client agrees to handle and is responsible for
all third-party customer's content, support, set-up and
maintenance. SGC agrees to Reseller pricing as described on the Price
and Terms Sheet, provided that client has at least one other
non-resold account with SGC. Client agrees to having the necessary
additional knowledge and skill level for the reselling services provided.
The Client's clients shall not contact SGC under any circumstances.
2. This Agreement is automatically agreed to, or to any revisions of it, upon the
renewal of SGC services or any new account set-up for the Client.
This Agreement constitutes the entire understanding of the parties.
Any changes or modifications to this Contract thereto are agreed to by
the both parties upon renewal of services.
This Agreement shall be governed and construed in accordance
with the laws of the State of Oregon, USA.
Synapse Global Corporation
P.O. Box 1681
Lake Oswego, OR 97035
USA
International: +1 503-334-3515
FAX: +1 503-343-3279