Section 1. Using Srvify
By utilizing service from Srvify you acknowledge that you agree to the User Agreement set forth below.
If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our service.
While utilizing the Srvify Network, you will not:
Section 2. Abusing Srvify
Srvify and the Community work together to keep the site working properly and the Community safe.
People report problems, offensive content and policy violations to us.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
We also reserve the right to indefinitely suspend and/or cancel any accounts that are deemed unconfirmed, or whom we cannot verify individual or corporate identity.
You understand and agree that in the event your account is suspended from our network you will be unable to access our services or any content or data on our network until the specific suspended account has been reinstated by Srvify. We are not responsible for any data loss incurred due to Indefinite Suspension related issues related to serious policy violations of our network.
We also reserve the right to display a suspension page on any suspended line of service while the account is under active suspension from our network.
You understand that any suspension pages displaying on your line of service will no longer display when/if the line of service in question is reinstated by us.
If you registered a new domain name in conjunction with your service, and Srvify terminates your service due to a termination for cause, then Srvify reserves the right to request the domain name provider to remove the domain name from the domain name registry and/or transfer the domain name from you to Srvify
Section 3. Overdue Accounts
You expressly understand and agree that all payments for services are due on the first of each month. Failure to make payment by 11:59PM on the first day of the month will result in your account being considered late.
We will allow a 5 day grace period before assessing a flat fee penalty (as liquidated damages) of $14.00. If your account remains overdue past 11:59PM on the 14th day of the month your account will be subject to a further penalty based on a percentage which is calculated against the overdue balance.
If your account continues to be delinquent we reserve the right to suspend or terminate your account at any time without notice to you. You also understand and agree that you will not hold Srvify responsible for any lost data as a result of an account termination for delinquency.
If your account is terminated on a month-to-month term, there is no termination penalty; however you will be responsible for any amounts owing to Srvify. Any amounts owing after 90 days will be forwarded to a third party collection agency.
If your account is terminated on a contract term, you understand and agree you will be responsible for any penalties owing for early termination as well as any amounts owing to Srvify.
Section 4. Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of Srvify is strictly prohibited.
Any unauthorized use of accounts or computers by a Srvify customer, whether or not the attacked account or computer belongs to Srvify, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
Srvify reserves the right to discontinue service, or deny access to anyone who violates our User Agreement WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to violation of these terms.
Section 5. Web Content Storage & Internet Link
Srvify agrees to store actively paying clients Web Site(s) on the Srvify Network of servers. The parties expressly recognize that the Internet servers, equipment and telecommunications links are susceptible to crashes and down time. Srvify warrants that it shall use its best efforts to maintain a consistent link with the Internet, but cannot and does not warrant that it shall maintain a continuous and uninterrupted link.
Section 6. Bandwidth
Srvify does not guarantee any specific response rate or download/upload time. Srvify will make best efforts to ensure that there is sufficient bandwidth available to meet all Clients' bandwidth needs.
Section 7. Liability
You will not hold Srvify responsible for other users' actions of inactions, including things they post. You acknowledge that Srvify is a venue and we allow anyone to host anything, at anytime, from anywhere.
Except for any warranties recited in this User Agreement, Srvify disclaims all other warranties including, but not limited to, any express or implied warranties of merchantability, fitness for a particular purpose, quality, accuracy, non-infringement and title. Srvify shall not be liable for delays or defaults in furnishing goods or services hereunder, including, but not limited to: acts of God or of a public enemy; fires, severe weather, floods, earthquakes, natural disasters, explosions or other catastrophes, and; causes beyond the control of Srvify in furnishing items or services including, but not limited to, breakdown or failure of machinery or equipment, or delay in Client reporting problems or furnishing information or materials.
Section 8. Network Maintenance & Performance Upgrades
Srvify may, at its own discretion, temporarily suspend all service for the purpose of repair, maintenance or improvement of any of Srvify systems. However, Srvify shall provide prior notice where it is reasonably practical under the circumstances, and Srvify shall restore service as soon as it is reasonably practical. Client shall not be entitled to any setoff, discount, refund or other credit.
Section 9. Data Backup, Loss, Risk & Unauthorized Access
Srvify is not responsible to you for unauthorized access to your data or the unauthorized use of the Services unless the unauthorized access or use results from Srvify Networks' failure to meet its security obligations stated in the Agreement. You are responsible for the use of the Services by any employee of yours, any person to whom you have given access to the Services, and any person who gains access to your data or the Services as a result of your failure to use reasonable security precautions, even if such use was not authorized by you.
Srvify is not responsible for maintaining working backup copies of data that is stored on any of our services through our wide array or available services, as such Srvify cannot be held liable for data loss of any kind and we suggest that data of any importance is frequently backed up.
Section 10. Prohibited Uses of Unlimited Traffic Feature
Srvify customers are privileged to be offered from time to time unlimited traffic for all their web sites. The intention of Srvify is to provide a large space to serve web documents without strict limitations, not an offsite storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on Srvify Server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of Srvify. Any customer who violates Srvify Policies in abusing either space/site transfer will be notified and given 24 hours to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages at $0.15/GB/per Month and may face temporary or indefinite suspension.
Section 11. Copyright Infringement
Written notification must be submitted to the following Designated Agent:
Legal Department / Copyright Infringement
1279 NW Antoch Ave
Stuart, FL 34994
Notification of Claimed Infringement must include the following:
Section 12. Indemnity
You agree to defend, indemnify and hold Srvify , its affiliates, Sponsors, Suppliers and other partners, directors, officers, employees and agents harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys' fees, related to or in connection with your, or any user of your account:
a. violation of the User Agreement;
b. use of the Website or any of the Services;
c. placement, posting or transmission of any message, information, software or other content on the Website or through any of the Services.
Section 13. Refund Policy
Try our service risk free for 30 days. If you're not completely satisfied with our service, simply contact us to deactivate service within 30 days. We'll promptly refund your fees.
Dedicated Servers and Domain Names are non-eligible for refunds.
This refund policy is null and void if cancellation or termination of service is due to a violation of any terms of service.
Section 14. No Warranty
WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states to not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Section 15. Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL Srvify , INCLUDING ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER Srvify HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OR THE WEBSITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY OF THE SERVICES, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.