|
|
Hosting Services |
|
|
|
Design Services |
|
|
|
Policy |
|
|
|

IMPORTANT NOTICE: All Payments To GSH Getsuperhost.com, LLC Are
Non-Refundable
This Terms of Service Agreement (TOS Agreement) constitutes a valid,
binding and enforceable legal contract by and between you, the
Subscriber, and Getsuperhost.com, LLC (GSH).
1. Provision of Service:
Acceptance of this TOS Agreement and Acceptance of GSH Acceptable
Use Policy:
GSH provision of service to
Subscriber, and Subscriber acceptance and use of said service,
constitute Subscriber acceptance of, and agreement to, this TOS
Agreement as well as Subscriber acceptance of, and agreement to,
GSH's Acceptable Use Policy (GSH AUP) -- which is herewith made a
part of this TOS Agreement. This TOS Agreement, including GSH AUP,
constitutes the entire agreement between the parties, and supersedes
any prior agreements between the parties.
2. Cancellation of Service:
GSH reserves the right to
cancel this TOS Agreement and to permanently disconnect the service
that GSH provides to Subscriber hereunder at anytime without further
obligation. Subscriber may cancel this TOS Agreement and the service
that GSH provides to Subscriber hereunder by requesting cancellation
via opening a help ticket through the helpdesk at least fourteen
(14) days prior to Subscriber next monthly billing date. GSH will
not honor notice of cancellation by any other means of
communication. Subscriber must be current on all payments and must
have all account information available at the time of such request
for said requested cancellation to become effective. It is
Subscribers responsibility to separately confirm that GSH has timely
received notice of requested cancellation, and Subscriber must make
arrangements to pick up any server computer that it owns for removal
from GSHs facility.
3. Disconnection of Service:
*
Not by way of limitation of GSH right to, at any time for any
reason, cancel this TOS Agreement and permanently disconnect the
service that GSH provides to Subscriber, GSH also reserves the right
to temporarily disconnect (suspend) the service that GSH provides to
Subscriber (or any one of them, if Subscriber has more than one
account or server):
*
For Subscriber failure to timely pay any fee or amount due to GSH,
in which case GSH will first send Subscriber an email indicating
that Subscribers account is overdue and advising Subscriber that the
service that GSH provides to Subscriber may be terminated if payment
is not made within 24 hours; and/or
*
If GSH determines, in its sole judgment, that Subscriber is in
violation of this TOS Agreement (which includes GSH AUP), and GSH
believes that Subscriber can timely and appropriately cure said
violation. If, in GSHs sole discretion, a potential violation is
detected, the service (including all services on all server
computers of Subscriber, if Subscriber uses more than one) that GSH
provides to Subscriber may be terminated, without notice to
Subscriber, until GSHs investigation is complete, which
investigation GSH shall attempt to complete within a reasonable time
period.
Subscriber will not be
credited, under any circumstances, for any time that the service
that GSH provides to Subscriber is suspended, interrupted or
terminated.
4. GSH Not Obligated To Review
Activities or Notify of Violations:
GSH is under no obligation to
review Subscriber's and/or any of Subscriber Sub-User (the term
Subscriber Sub-User is defined below) activities to determine if a
violation of this TOS Agreement (which includes GSH AUP) has
occurred. Further, GSH does not assume any responsibility by virtue
of this TOS Agreement (which includes GSH AUP) to monitor, enforce
or police Internet-related activities or to notify Subscriber of any
actual or suspected violations.
5. Amendment:
GSH reserves the right to
amend, and may amend, from time to time, within its sole discretion,
the terms and conditions of this TOS Agreement (including GSH AUP).
GSH will provide notice of such amendment(s) by posting such
amendment(s) on GSH website at http://www.GSHservers.net/vbulletin/,
and Subscriber use of GSH services after GSH posts such amendment(s)
on its website shall constitute Subscriber's acceptance of any/all
such amendments. Amendment(s) shall not constitute grounds for
Subscriber early cancellation of this TOS Agreement or the service,
nor grounds for Subscriber non-payment for the service that GSH
provides to Subscriber after the effective date of such
amendment(s), and Subscriber shall continue to be bound by the terms
and conditions of this TOS Agreement, as amended, for any service
provided by GSH to Subscriber thereafter. It is Subscriber
responsibility to review, from time to time, this TOS Agreement
(including GSH AUP), as published on GSHs website, for any
amendment(s).
6. Assignment:
Subscriber may not transfer or
assign this TOS Agreement without the prior written consent of GSH.
GSH may transfer and assign this TOS Agreement, the Service and all
of GSH rights, titles and interests thereunder at any time without
consent from or notice to Subscriber.
7. Waiver:
Waiver by GSH of Subscriber
breach of any term or condition of this TOS Agreement (including GSH
AUP) shall not operate as or be construed as a continuing or
subsequent waiver thereof or as a waiver of any breach of any other
term or condition of this TOS Agreement (including GSH AUP).
8. Compliance with law:
Inasmuch as the service that
GSH provides to Subscriber is controlled and operated by GSH from
its facilities in the United States, Subscriber shall comply with
all U.S. local, state, federal and national laws, statutes,
ordinances and regulations that apply to Subscribers use of the
service that GSH provides to Subscriber, as well as with all laws in
all other jurisdictions that apply to Subscribers use of the service
that GSH provides to Subscriber.
9. Choice of Law /
Jurisdiction / Venue / Statute of Limitations:
This TOS Agreement shall be
construed in all respects in accordance with the laws of the state
of Illinois applicable to contracts enforceable in that state. By
entering into this TOS Agreement and accepting and using GSH
services hereunder, Subscriber submits to jurisdiction and venue in
the courts of Cook County, Illinois, for any dispute(s) related to
or rising out of this TOS Agreement. Notwithstanding any contrary
provision of law, any claim or cause of action arising out of this
TOS Agreement and/or related to the service that GSH provides, or is
to provide, to Subscriber must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
10. Responsibilities:
*
Subscriber Shall Defend and Indemnify GSH: Subscriber shall fully
defend, indemnify, pay and hold harmless GSH and its managers,
members, employees, affiliates, attorneys, agents, contractors and
licensors (such GSH related parties collectively referred to under
this Section 10.A. as GSH-related party) for any Subscriber
violation(s) of this TOS Agreement (which includes GSHs AUP) and for
any violation(s) by a sub-subscriber of, client of, customer of,
reseller of, user of, sub-user of, or similar party related to,
Subscriber (collectively referred to as a Subscribers Sub-User),
that results in any loss, damage, cost or expense to GSH or an
GSH-related party, or in any claim made or threatened against GSH or
an GSH-related party by any third-party. If GSH or an GSH-related
party is sued (or if a suit is threatened against GSH or an
GSH-related party) because of Subscriber's or a Subscribers
Sub-Users act or omission, Subscriber shall pay any and all damages
awarded against GSH and any GSH-related party immediately upon such
award (whether or not any appeal is available/taken), plus any and
all of GSHs and any GSH-related partys expenses and costs (including
GSH and any GSH-related partys reasonable attorneys fees) related
thereto;
*
GSH Not Liable: The service that GSH provides to, or is to provide
to, Subscriber is provided on an as is and as available
basis, and Subscribers use of said service is at Subscribers sole
risk. In no case shall GSH or any of its managers, members,
employees, affiliates, attorneys, agents, contractors or licensors
be liable for any direct, indirect, incidental, punitive, exemplary,
special or consequential damages, losses, costs or expenses,
including, but not limited to, loss of profits, loss of data, loss
or damage to goodwill, or loss of use of data or other intangible
losses, or for any claim(s) related thereto, even if said party has
been advised of the possibility of such damages, losses, costs,
expenses or claims, arising from or related to:
*
Subscribers or Subscribers Sub-Users use or inability to use the
service (whether from Service Faults or otherwise) that GSH provides
to, or is to provide to, Subscriber;
*
Any destruction, damage, taking, unavailability or other loss of
Subscribers or any Subscribers Sub-Users system, server or data;
*
The cost to procure any substitute service;
*
Any unauthorized access or use of Subscribers account; or
* Any third party conduct or other matter relating to the service;
11. Content Responsibility:
GSH takes no responsibility or accountability for, and Subscriber is
entirely responsible and accountable for, any and all Subscriber and
third-party data, information and content transmitted by (via email,
uploading, posting or otherwise), stored on, inputted to/through,
linked to/through and/or served by, Subscribers server computer (or
any server computer internally assigned to Subscriber) at GSHs
premises and/or using the service that GSH provides to Subscriber;
12. Subscribers Responsibility
to Enforce: It is Subscribers responsibility to ensure that
Subscriber and all of Subscribers Sub-Users continuously adhere to
the terms and conditions contained in this TOS Agreement (including
GSHs AUP), and Subscriber is, and will be held, responsible for
Subscribers acts and omissions and for the acts and omissions of
Subscribers Sub-Users related thereto. It is in Subscribers best
interest to implement a similar policy of acceptable use and
compliance among Subscribers Sub-Users;
13. Subscribers Network /
Security: Subscriber is solely responsible for ensuring that its
network and the network(s) of Subscribers Sub-User(s) are configured
in a secure manner. Subscriber is solely responsible for any
intrusions into, or security breaches of, any of its server
computers, networks or systems. Subscriber is solely responsible and
accountable for, and GSH shall not be responsible or accountable
for, any/all activities that occur on or through Subscribers service
computers, networks and systems, including any and all acts or
omissions by, or attributable to, any third party, using the service
that GSH provides to Subscriber;
14. Subscribers Responsibility
to Backup System/Data Deletion of System/Data: GSH is not
responsible for, and Subscriber is solely responsible for, backing
up Subscribers system/data, including any/all system/data of any
Subscribers Sub-User, related to Subscribers server computer (or any
server computer internally assigned to Subscriber) at GSHs premises
and/or to the service that GSH provides to Subscriber. Any server
computer owned by Subscriber on GSHs premises or otherwise under
GSHs possession or control will be considered abandoned and
forfeited thirty (30) days after cancellation of this TOS Agreement
for non-payment, at which time, GSH will delete any and all
Subscriber and Subscribers Sub-User system/data. For any server
computer not owned by Subscriber but that is or may be internally
assigned to Subscriber, GSH will delete any and all Subscriber and
Subscribers Sub-User system/data immediately upon cancellation of
this TOS Agreement for non-payment.;
15. Subscribers Responsibility
To Insure: GSH is not responsible for, and Subscriber is solely
responsible for, fully insuring Subscribers and Subscribers
Sub-Users system/data against destruction, damage, taking,
unavailability or other loss, and GSH is not responsible for, and
Subscriber is solely responsible for, fully insuring any/all server
computers, components and equipment owned or controlled by
Subscriber against loss and damage during shipment, handling,
placement and use, whether said server computer/equipment is in GSH
possession or control or otherwise;
16. Subscribers Responsibility
For Server/Equipment: Subscriber is solely responsible for packaging
and removing from GSHs premises/control any/all servers and
equipment owned or controlled by Subscriber. Subscriber shall pay
GSH a $30.00 handling fee plus all shipping costs per package for
any server/equipment which is shipped The Subscriber is responsible
for insuring any/all shipments. Any server or equipment not removed
within 30 days after cancellation of this TOS Agreement for any
reason will be considered abandoned and forfeited.
17. Adult Hosting & Torrents :
getsuperhost.com does not allow adult content on any of our offered
packages,ANY software dealing with torrents or any downloading
software, any file sharing scripts are not allowed.Accounts will be
immediately terminated if found useing such software.
18. Proxies are strictly
disallowed
19. Get super host reserve the
right to suspend/terminate any account that is abusing our server
resources.
|