Terms of Service

Revision date: November 1, 2007

ServMap Hosting provides web hosting to a large number of clients. We have a responsibility to protect each client and provide the best services available. The following guidelines have been established to insure this intent is met.

ServMap Hosting ("Company", "ServMap" or "ServWebSolutions") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). From herewith in this TOS and AUP, the usage of "us", "we", "our", "ours" shall constitute reference to ServMap Hosting, the usage of "you", "your", "they", "them" shall refer to client / customer of ServMap Hosting.

By signing up for any of ServMap services, customers agree to comply with the company's AUP as well as the company's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of ServMap and AUP (Acceptable Use Policy). This policy may be changed from time to time at the discretion of the Company. Subscriber understands that change to the policy by the Company shall not be grounds for early contract termination or non-payment.

Contact and Billing Information

Customers are responsible for maintaining their contact information. This includes but not limited to contact name, email addresses, mailing address and other information. Any fake or false submitted information will result in immediate suspension of your account.

In order to be able to communicate during catasthrophe, network outages, service interruptions, account suspensions and other reasons, ServMap requires any email address listed in customer's contact information to be hosted not within ServMap's facilities.

Account Activation

By activating your account with ServMap Hosting, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Service Fees

Certain services carry a setup fee charged by ServMap Hosting to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to ServMap Hosting and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Billing

By the Account Activation Date of each month, ServMap Hosting shall deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month.

When an invoice is delivered to the client, payment shall be remitted to ServMap Hosting by no later than the specified payment due date. ServMap Hosting shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. If we do not receive a response within 5 (five) days, the account, and all accounts under that account plan, will be suspended.

Money Back Guarantee

All shared accounts are entitled to an unconditional 30day money back guarantee. This guarantee begins the day we send out your accounts login details. If you wish to cancel your account and receive a full refund within 30 days of the date you signed up, please use the cancellation form in the support center. This 30 days does not include extra services you contract us to process such as add-ons, name servers, programming work, or web designing.

Refunds Policy

Domain name registrations are non-refundable. Refunds or returns are for credit only unless you qualify for the 30 day guarantee. We will process and apply credits or refunds within 30 days of submission. Refunds for annual plans will be treated as monthly terms.

If client has retained the services for one year and has pre-paid ServMap Hosting for such services, refunds will be issued for any unused full month of the services, upon client's request. Therefore, if client's account is cancelled at any point during the one-year term, client will be entitled to a refund for the months remaining. The annual account rate will be adjusted to the monthly rate, past and current usage deducated at that rate, and the remainder returned. Unless noted otherwise, we DO NOT refund partial monthly fees (pro-rated) to accounts.

Refund will be conducted if clients are not satisfied with our service, i.e. we are not delivering the service that you pay for, proved by tickets submitted through our support system.

Failure to Pay

The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.

Account Cancellation

Request for termination of user accounts can be made through the ServMap Client Portal. Termination requests received will take effect on the last day of current billing cycle.

SPAM and Unsolicited Commercial Email (UCE)

ServMap takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of ServMap may not use or permit others to use our network to transact in UCE. Customers of ServMap may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

  • Violation of ServMap's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, ServMap will initiate an immediate investigation (within 48 hours of notification). During the investigation, ServMap may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, ServMap may, at its sole discretion, restrict, suspend or terminate customer's account. Further, ServMap reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ServMap will notify law enforcement officials if the violation is believed to be a criminal offense.
  • First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. PLEASE, DO NOT SPAM from your account.

IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their services immediately disabled. The services will not be enabled until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the account to confirm that all material has been removed. Severe violations may result in immediate and permanent removal of the account from our network without notice to the customer. Any account guilty of a second violation will be immediately and permanently removed from our network without notice.

Network

  1. IP Address Ownership
    If ServMap assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to ServMap, and Customer shall have no right to use that Internet Protocol address except as permitted by ServMap in its sole discretion in connection with the Services, during the term of this Agreement. ServMap shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by ServMap, and ServMap reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses.
  2. Bandwidth and Disk Usage
    Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). ServMap will monitor Customer's bandwidth and disk usage. ServMap shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in ServMap's sole and absolute discretion. If ServMap takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, ServMap may, at its sole discretion, collect a deposit, in an amount determined by ServMap, against customer's credit card on file with ServMap.
  3. System and Network Security
    Users are prohibited from violating or attempting to violate the security of the ServMap Network. Violations of system or network security may result in civil or criminal liability. ServMap will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
    • Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
    • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
    • Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
    • Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
    • Taking any action in order to obtain services to which such User is not entitled.

Server Uptime Guarantee

ServMap Hosting guarantees 99.9% service (http, ftp, pop, imap, smtp) uptime on all shared account. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.

Contents

All services provided by ServMap Hosting ("Company", "ServMap" or "ServWebSolutions") may 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 city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless ServMap Hosting from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to ServMap Hosting' servers, or any other server on the Internet. Links to such materials are also prohibited.

Unacceptable content or links:
pirated software
hacker programs or archives
Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, ServMap Hosting WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability

ServMap Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from ServMap Hosting ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, ServMap Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of ServMap Hosting ' servers. All damages shall be limited to the immediate termination of service.

Violations

Violations of these Terms of Service and Acceptable Use Policies should be referred to abuse at servmap.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

ServMap Hosting cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by ServMap Hosting are resold. Thus, certain equipment, routing, software and programming used by ServMap Hosting are not directly owned or written by ServMap Hosting. Moreover, ServMap Hosting holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as ServMap Hosting sees fit.

ServMap Hosting reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.