NETVAZ LLC dba SUNPATH SERVERS, herein referred to as "SUNPATH" provides web hosting and web development services to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. SUNPATH agrees to furnish services to you, the Subscriber, subject to the following Terms of Service (TOS):
1. Account Setup/Email on file:
We will setup your account after receipt of all required account information and at the conclusion of all order and fraud screening processes. Providing false contact information of any kind may result in the termination of your account.
The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.
3. Backups and data Loss:
Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. SUNPATH is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the SUNPATH server.
4. Zero Tolerance Spam Policy:
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists", purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
SUNPATH reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Maintaining an open SMTP relay is prohibited. When a complaint is received, SUNPATH will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore SUNPATH reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should SUNPATH choose to pursue and prosecute.
5. Indemnification Policy:
You agree to use all SUNPATH services and facilities at your own risk. SUNPATH specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall SUNPATH be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold SUNPATH harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against SUNPATH, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless SUNPATH against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with SUNPATH's server.
SUNPATH reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. We will intervene if we find: (1) any material supplied by a customer is infringing or allegedly infringing on the proprietary rights of a third party; (2) copyright infringement, and/or (3) any defective products sold to customer from SUNPATH's server. SUNPATH shall be the sole judge of what violates this Policy.
All invoices must be paid by 11:59 pm EST on the due date of the invoice. Any invoice that is outstanding for more than five (5) days will result in the suspension or termination of services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, SUNPATH will suspend and may terminate your account and pursue the collection costs incurred by SUNPATH, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. SUNPATH will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
We accept payments through PayPal, including credit card payments. Clients may pay by credit card at PayPal as it is a convenient way to make payments. There are no contracts and clients are free to cancel services without penalty.
7. Non-Payment/Service Interruption:
Shared Hosting Services: Payments are due by 11:59 pm EST on the due date of the invoice. We allow a five (5) day grace period for your payment to be received. Accounts not paid by 11:59 pm EST on the 5th day after the invoice due date will be assessed a $10.00 late fee and will be suspended. Accounts not paid within 30 days of the due date on the invoice may be terminated. Clients terminated for non-payment are subject to their data being destroyed within 24 hours of the termination date. SUNPATH is not responsible for data integrity, regardless of circumstance. SUNPATH strongly recommends keeping up to date and off network backups to protect against data loss.
Dedicated Servers: All dedicated servers will be automatically suspended as soon as an invoice is overdue. Services interrupted for non-payment may be subject to a 10% late fee. Data stored on a client's services will not be available to the client until reconnection is established or alternative arrangements are made to the sole satisfaction of SUNPATH. Clients deactivated for non-payment or charge-back are subject to their data being destroyed within 24 hours from suspension/charge-back date. SUNPATH is not responsible for data integrity, regardless of circumstance. SUNPATH strongly recommends keeping up to date and off network backups to protect against data loss.
Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact SUNPATH directly after you make a late payment and we will attempt to reactivate the dedicated server.
8. Acceptable Use Policy (AUP):
Click here to review our AUP.
9. Thirty (30) Day Money-Back Guarantee:
There are no refunds on dedicated servers. The thirty (30) day money-back guarantee does not apply to dedicated servers.
Click here to review our Thirty (30) Day Money-Back Guarantee.
10. Limitation of Liability:
SUNPATH shall not be responsible for any claimed damages, including incidental and consequential damages,
which may arise from SUNPATH servers going off-line or being unavailable for any reason whatsoever. Furthermore, SUNPATH 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 SUNPATH servers. All damages shall be limited to the immediate termination of service.
By using SUNPATH, you agree to submit to binding arbitration. If any disputes or claims arise against SUNPATH or its subsidiaries, such disputes will be handled by an arbitrator of SUNPATH's choice. In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach
thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.
Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
SUNPATH cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by SUNPATH are resold. Thus, certain equipment, routing, software, and programming used by SUNPATH are not directly owned or written by SUNPATH. Moreover, SUNPATH holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as SUNPATH sees fit.
13. Disclosure to Law Enforcement:
SUNPATH may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
14. Changes to the Terms of Service:
SUNPATH retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.