ServerAuth.com ("ServerAuth", "we, "our", "us") agrees to furnish services to the Subscriber ("you", "your", "customer" or "property owner") subject to the following Terms of Service (TOS).
ServerAuth reserve the right to modify the Terms of Service without notice.
Subscribing to ServerAuth's service(s), use of our website and / or signing up to our website is deemed acceptance of these Terms of Service. Please be aware that ServerAuth may suspend or terminate the account/service without notice at any time for any breach of these terms.
The subscribers service, including all access details for it is for their use only and must not be divulged to any other person. Reasonable precautions should be taken to ensure that said access details are not discovered by other third parties.
You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United Kingdom or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify ServerAuth of any unauthorised use of your account or any other breach of security. ServerAuth will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, transmitted or posted by your account (including your hosted website) whilst using ServerAuth. You will not engage in any activity that interferes with or disrupts ServerAuth's services, customers, servers or networks connected to ServerAuth.
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or termination without a refund or return of any data and the possibility that ServerAuth will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse of system resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, diskspace, disk IO or memory.
Spam and Unsolicited Bulk Email (UBE): ServerAuth has a zero tolerance policy on spam, junk email or UBE. Spam, junk email and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also include email with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of ServerAuth whether or not messages actually originated from our network.
Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to the party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
ServerAuth and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United Kingdom, European Union or United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. ServerAuth's services may not be used to facilitate infringement of these laws in any way.
Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of ServerAuth or ServerAuth's customers.
Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.
You agree that ServerAuth shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by ServerAuth may be turned over to an outside collection agency for collection. Failure to pay within the agreed time period may result in suspension, termination and/or data removal. This also includes, but is not limited to the suspension of any public facing websites and/or services provided on behalf of Subscriber by ServerAuth.
Subscriber is aware that ServerAuth may prospectively change the specified rates and charges from time to time.
ServerAuth is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by ServerAuth. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits will not be issued for unused services when customer retains any active service. Refunds for unused service will not be provided unless agreed by ServerAuth on a case by case basis.
You agree that ServerAuth is not responsible for any additional fees charged to your credit or debit card by your bank and/or card supplier, or by any third party payment providers.
ServerAuth provides technical support to our subscribers via e-mail and in some cases via support ticket or instant messaging software on a case-by-case basis. The following is our guidelines when providing support: ServerAuth provides support related to your ServerAuth account being active and accessible. ServerAuth does not offer technical support for application specific issues such as computer configuration, misunderstanding of web technologies, domain configuration, email configuration or any other related issues. ServerAuth does not provide technical support to your customers.
ServerAuth's support is offered on a best effort basis, where we will help and advise where possible, but may impose additional fees or limitations to provide advanced levels of support. This is handled on a case-by-case basis.
ServerAuth reserves the right to suspend network access to any customer if, in the judgement of the ServerAuth network administrators, the customers account, website or any other service is in violation of any of the other terms of service or for any other reason which ServerAuth chooses. ServerAuth will use reasonable care in notifying the Subscriber and in resolving the problem in a method resulting in the lease amount of service interference. ServerAuth reserves the right to terminate a service without notice or for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity, and ServerAuth will cooperate any law enforcement requests. The Subscriber will not be credited, nor entitled to any credit for the time the Subscribers service is deactivated.
If at any time it becomes necessary for ServerAuth to cancel a Subscribers service without cause, a 10 day notice period will be provided where possible.
You may cancel your subscription to ServerAuth's service at any time by logging into your account. Once logged in, click your profile image in the top right, them select 'Your Settings'. Next select the 'Subscription' option, and then press 'Cancel Subscription'.
As part of Subscribers service, you may receive ip addresses, email accounts, sub-domains or other hosting services. These services shall remain the property of ServerAuth and the Subscriber shall have no right to use said hosting services except as part of the service provided by ServerAuth. Domain names purchased by or on behalf of the Subscriber are the property of Subscriber, who provides ServerAuth with access to provide a service on them whilst your subscription with ServerAuth is active. Upon cancellation of any service provided by ServerAuth, the Subscriber will be responsible for requesting access and / or information which will aid them in transferring any domains to another domain registration provider. Upon cancellation of service any subdomains or websites hosted on the ServerAuth website will remain property of ServerAuth and may be reassigned to another Subscriber. Subscriber forfeits all access to any and all data stored by ServerAuth once their service is cancelled or terminated.
Whilst ServerAuth takes regular backups of all data hosted on its servers, the Subscriber remains responsible for their own data, and is expected to take their own backups. This applies even in respect to to any data the Subscriber explicitly pays to be backed up by ServerAuth. ServerAuth nor any of its associates will be liable for any data loss, nor has any responsibility to preserve data.
The Terms of Service specifically prohibits the use of any of our services for illegal activities. Therefor, Subscriber agrees that ServerAuth may disclose any and all subscriber information, including IP addresses, account history, account use, customer details, etc to any sort who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition ServerAuth shall have the right to terminate all service set forth in this Agreement.
You agree that your use of ServerAuth shall be at your sole risk. All services provided by ServerAuth are available as is, without warranty. ServerAuth has no special relationship or fiduciary duty to the Subscriber, and you acknowledge that we have no duty to take any action regarding: which Subscribers gain access to our services; what Content you access via the services; or how you may interpret or use the Content.
ServerAuth wishes to emphasize that in agreeing to the ServerAuth Terms of Service, Subscriber indemnifies ServerAuth for any violation of this Terms of Service that results in loss to ServerAuth or the bringing of any claim against ServerAuth by any third-party. This means that if ServerAuth is sued because of a Subscriber, or a customer of a Subscribers activity, the Subscriber will pay any and all damages awarded against ServerAuth, plus all costs and reasonable attorney's fees.
You agree that ServerAuth may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or posting on the ServerAuth website, located at serverauth.com.
The Terms of Service and the relationship between you and ServerAuth shall be governed by the laws of Great Britain, without regard to its conflict of law provisions. You and ServerAuth agree to submit to the personal and exclusive jurisdiction of the courts located within England.
The failure of ServerAuth to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of ServerAuth's services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.