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Terms of Service
All services provided by Snoork Hosting are to 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 Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The client agrees to indemnify and hold harmless Snoork Hosting from any claims resulting from the client's use of Snoork Hosting services which damages the client or any other party.
Examples of prohibited content include, but are not limited to:
Commercial Advertising
Any attempts to undermine or cause harm to a Snoork Hosting server or client of Snoork Hosting is strictly prohibited including, but not limited to:
Bandwidth Overage Fees Bandwidth listings for all services consist of the sum of incoming and outgoing bandwidth allowance. Incoming and outgoing bandwidth allowances are calculated on a 50/50 split of incoming to outgoing bandwidth based on the total bandwidth, therefore the incoming and outgoing bandwidth allowances are each half of the total listed bandwidth. Any bandwidth usage exceeding either the incoming or outgoing bandwidth total will be billed at the rate of $0.30 per GB over. Service Support Basic support and maintenance of service is provided at the discretion of Snoork Hosting. In the case of erroneous instances or support issues extending beyond what we determine to be within the realm of reasonable assistance, support is priced at $50.00 per hour. Scheduled Maintenance Snoork Hosting will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Client acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades or service malfunctions, and causes beyond Snoork Hosting control or which are not reasonably foreseeable by Snoork Hosting, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Snoork Hosting will provide at least 24 hours advance notice to the client for scheduled downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and inoperability of its web servers. Snoork Hosting has no responsibility for downtime resulting from a user's actions. Refunds Refunds will be posted for full months only, with the exception of plans including a 30 day money back guarantee. Dedicated servers are not included for the 30 day money back guaratee. Notice of cancellation must be given before the month in question begins. Any violation of Snoork Hosting Terms of Service shall result in no refund. Billing The service will be charged on the day the order is processed, regardless of the account billing date. The service will not be charged again until the next month's billing cycle. Billing dates are on the first of every month. Mail In Payments Services for clients who wish to pay by mail in payments will be setup when the payment is received by Snoork Hosting. Overdue Payment Suspension Services will be suspended if payment is not received within 3 days of the invoice date. If your service has been suspended, you may be charged a reconnection fee of up to $50.00 in order to reconnect your service. Overdue Payment Termination If the service is not paid within 6 days of the invoice date, the service will be terminated and all information within the service will be permanently deleted. Cancellation Procedure Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, client information in the form of a partial credit card number or other payment information, or the client password. Courtesy Services All services such as backup and Cpanel are provided for the courtesy of the client. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. Snoork Hosting is not responsible for lost data or for lost data due to third party software that is not maintained by Snoork Hosting. cPanel is not associated with Snoork Hosting. Promotional Use Snoork Hosting may refer to you or your company for promotional purposes. Your company name s and the services that were provided to the client by Snoork Hosting may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the Snoork Hosting website. This reference will be strictly limited to disclosure that Snoork Hosting has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the client at Snoork Hosting. However, Snoork Hosting may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations. Any work or professional services performed or provided by Snoork Hosting under those Terms of Service shall not be deemed, but Snoork Hosting shall grant a non exclusive, non transferable license to you, for the duration of this Terms of Service, its employees, affiliates, and third parties commissioned by Snoork Hosting. General Terms of Service are subject to change without any prior notification. These Terms of Service are a legally binding contract between the client and Snoork Hosting. By opening an account, the client agrees to the above stated terms. Anything not listed in the Terms of Service is open to interpretation and change by Snoork Hosting administrators without prior notice. All prices, with the exception of the 30 day money back guarantee, are nonrefundable and nonnegotiable. The 30 day money back guarantee does not pertain to dedicated server plans. Any violation of these Terms of Service will result in termination of the account. Snoork Hosting maintains the right to terminate accounts without prior notification. Dispute Resolution Any dispute between Snoork Hosting and a client shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Arizona law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Maricopa County, Arizona, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction. Indemnification Client agrees to indemnify and hold harmless Snoork Hosting, its subsidiaries, their affiliates and each of their respective directors, officers, employees, and agents against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof to which an indemnified party may become subject and which losses arise out of, or relate to the Terms of Service, client's use of the products and services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, or other intellectual property right and will reimburse an indemnified party for all legal and other expenses, including reasonable attorneys fees, in connection with investigating, defending, or settling any loss, whether or not in connection with pending or threatened litigation in which such indemnified party is a party. Service Level Agreement
Hardware Replacement
Snoork Hosting guarantees that in the event of a hardware failure, the faulty hardware will be replaced within 30 minutes of identifying the problem. In the event that this guarantee is not met, Snoork Hosting will issue a credit to its clients for the affected downtime. The amount of compensation may not exceed the client's monthly recurring charge. This guarantee does not include the time it requires to perform additional software related maintenance, including rebuilding web accounts from backups, cloning hard drives, reloading the operating system, reloading and configuring applications, or rebuilding raid arrays. Network Uptime Snoork Hosting guarantees network uptime to be 100%. This guarantee assures that all major routing devices within our network are reachable from the global internet 100% of the time. Network Exclusions Many possible situations are completely beyond the control of Snoork Hosting, and therefore are not in the scope of this agreement. These situations include:
In the event that Snoork Hosting does not meet this Service Level Agreement, clients will become eligible to request compensation for downtime. If Snoork Hosting is or is not directly responsible for causing the downtime, the customer will receive a credit for 10 times the actual amount of downtime. This means that if your server is unreachable for 1 hour, you will receive 10 hours of credit. All requests for compensation must be received within 24 hours of the incident in question. The amount of compensation may not exceed the clients's monthly recurring charge. This Service Level Agreement does not apply for any month that the client has been in breach of Snoork Hosting Terms of Service or if the service is in default of payment. Response Time Snoork Hosting clients are covered by our twenty four hour initial response time guarantee. That means that when you submit a trouble ticket you are guaranteed a response from a support technician within twenty four hours. If Snoork Hosting fails to respond within twenty four hours, you will be credited the amount of time exceeding our service level agreement commitment. All requests for compensation must be received within 24 hours of the incident in question. The amount of compensation may not exceed the client's monthly recurring charge.
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