TERMS OF SERVICE

TOS applies to all Server4Sale clients

TOS applies automatically to all Server4Sale clients upon subscription to the Services including subscription through a third party or any commercial partner. BY SUBSCRIBING TO Server4Sale’S SERVICES YOU ACCEPT THE POLICIES LISTED IN THIS DOCUMENT AND ACCEPT TO RESPECT THEM. The service order is described as the package description as presented on the web site or the ” service order ” document in case of colocation and dedicated server services.

General

Server4Sale, agrees to provide services described in the Service Order(s) signed by the parties (“Services”) to the customer subject to the following Terms of Service (TOS). Use of Server4Sale services constitutes acceptance and agreement to these Terms Of Service and all attachments. Server4Sale will make all reasonable efforts to provide a quality service to the Customer.

TOS applies to all Server4Sale clients

Privacy

Server4Sale will use the customer’s personal information only as reasonably necessary to provide contracted services and to collect fees owed and will not disclose such information to any third party except as required by law as evidenced by an order of a court of competent jurisdiction and to collection services if needed. The Customer authorizes Server4Sale to use its name, business name and comments in marketing documents. At any time, the Customer can send a written notice to withdraw this authorization.

Bandwidth Services

Server4Sale will provide to the Customer the Internet Connectivity, IP Addresses and Internet Traffic services (collectively, the “Bandwidth Services”), as specified in the Service Order.
In the case of servers connected on the high-quality network, the bandwidth can be used at full capacity on multiple servers simultaneously.
The Customer agrees to use bandwidth as described in the Acceptable Usage Policy and agrees that bandwidth shall not exceed the number of gigabytes per month for the Services ordered by the Customer on the Service Order Form and that number of gigabytes is the sum of the incoming and outgoing data transfer for a period of 1 month. Server4Sale will monitor the Customer’s bandwidth usage and shall have the right to take corrective action if the Customer’s bandwidth usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges based on the per gigabyte price stated on the Service Order.

IP Addresses

Any IP Addresses allocated to the Customer by Server4Sale must be maintained by the Customer in an efficient manner as deemed by ARIN and utilized at 80% within 30 days of assignment by Server4Sale to the Customer. Failure to comply with this Section may result in the revocation of IP Addresses by Server4Sale after five days’ notice to the Customer. Server4Sale shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Customer by Server4Sale, and Server4Sale reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. The Customer can obtain up to 8 IP addresses for free. All IP requests must be fully justified.

Other Services

Upon request by the Customer, Server4Sale may at its option, provide the Customer with technical and non-technical support, such as equipment reboots, troubleshooting, DNS and other support, in connection with the Customer’s use of the Customer Space and Bandwidth Services. The Customer agrees to pay hourly rate for those other services.

Installation, removal, replacement, maintenance and access to equipment

Server4Sale is the owner of the equipment used by the customer and grants a license to use this equipment. The Customer has no rights on the equipment. Physical access to the equipment by the Customer is strictly prohibited.

Immediate Threats

If, in the determination of Server4Sale, acting reasonably, the Equipment, software or hosted applications used by the customer or the activities of the customer poses an immediate threat to the physical integrity of the Premises or the physical integrity or performance of the equipment or network of Server4Sale or any other user of the Premises, or poses an immediate threat to the safety of any person, then Server4Sale may perform such work and take such other actions that it may consider necessary without prior notice to the Customer and without liability for damage to the Equipment or Data for any interruption of the Customer’s (or its customers’) businesses. As soon as practical after performing such work, Server4Sale will advise, by email, the Customer of the work performed or the action taken.

Insurance

Under no circumstances will Server4Sale be obligated to provide insurance coverage for any Equipment or data owned by the customer and hosted in the Premises.

If the Customer is in default

If the Customer is in default of any of its obligations under this Agreement, then Server4Sale may in its sole discretion do any or all of the following: (i) without notice suspend access to the Customer Space or the Premises, (ii) if the Customer’s default is non-payment of any sums due to Server4Sale, exercise all the rights and remedies of a secured party under applicable law including, without limitation, with the minimum notice (if any) required by law, Server4Sale may seize the Equipment and sell the Equipment to third parties in satisfaction of any Customer indebtedness owing to Server4Sale as well as any costs (including reasonable legal fees) incurred by Server4Sale in exercising any remedy under this Agreement.

Billing and termination

Invoices are sent by email, upon request a copy can be sent by mail. First Month’s Payment shown in the Service Order must be paid by the Customer to Server4Sale before commencement of the Term. All other invoices must be paid by the Customer within 15 days from the date of Server4Sale’s invoices, which invoices will be issued 15 days before the end of the last paid period.

Payments

The Customer will pay Server4Sale the One-Time Install Fees and Recurring Monthly Fees specified in the Service Order, as well as any charges for Other Services the Customer will pay all applicable taxes levied against or upon the services stipulated in the Service Order (as amended by the parties from time to time) or otherwise provided by Server4Sale under this Agreement. All One-Time Install Fees will be payable in advance. Recurring Monthly Fees will be payable in advance upon the Customer’s chosen payment period. All other fees and the cost will be payable monthly and payment due on the renewal date. Except for the First Month’s Payment shown in the Service Order, which must be paid by the Customer to Server4Sale before commencement of the Term, all amounts will be payable in American or Canadian dollars within 15 days from the date of Server4Sale invoices, which invoices will be issued 15 days before the end of the last paid period. Service interrupted for nonpayment is subject to a $50 USD reconnect charge. Accounts that are not paid 45 days after due date may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a Collection Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Any payment not made when due will be subject to interest of two percent (2%) per month compounded monthly (equivalent to a yearly interest rate of 26.86%). Bounced checks are subject to a penalty fees of $20 USD.

Automatic debits by credit card

In the case of payments by credit card, Server4Sale will use the information in its possession to make a payment at the invoice date. The customer will not receive any previous notification but will receive a notice after every debit on the credit card. If ever the customer wants to disable the automatic debit, he only needs to contact the customer service via its customer hub by contacting billing. If the customer wants then to re-enable the automatic debit, he only needs to mark the box “automatic debit” in his manual payment form. By submitting an initial payment or re-activating the automatic debit option, the customer confirms that he has read and accepts the conditions related to the automatic debit. In addition, the customer allows Server4Sale to withdraw the amount of the unpaid balance from the credit card. The client also authorizes the financial institution issuing the credit card to charge his account for the amounts related to the Server4Sale services. This authorization will be valid until an authorized person on the account asks to suspend the automatic debit.
The Customer will pay by pre-authorized payment to a Customer credit card, by wire transfer or by cheque of immediately available funds remitted to Server4Sale. Payment by check and wire transfer will only be accepted for 3, 6 or 12 months prepayments.

Late payment

Service will be interrupted on past due accounts after a 48 hours notification. Service interrupted for nonpayment is subject to a $25 reconnect charge. Accounts that are not collectible by Server4Sale may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Changes

Upon 30 days or greater written notice prior to the end of the initial commitment, Server4Sale may change any fees payable under this Agreement.

Term and termination

The term of this Agreement shall begin upon the date the server is installed and made available to the customer and shall be for the period stated in the commitment section of the Service Order. If no commitment is stated, the term will be of 1 month. Agreement is renewed for successive 1 month after initial commitment until terminated by either Party. After initial commitment stated on the service order, either party may terminate this Agreement on the account’s anniversary date (an account anniversary date corresponds to the day of the month at which an account was opened.) (i) for convenience on 48 hours before the next anniversary date written notice to the other party, or (ii) if the other party (x) commits a material default (which, in the case of the Customer, will include any failure to make any payment when due) and fails to rectify such default within 10 days after being given notice of such default by the other party, or (y) becomes the subject of any voluntary proceedings under any bankruptcy or insolvency laws, or becomes the subject of any involuntary proceedings under any bankruptcy or insolvency laws which are not dismissed or withdrawn within 60 days after filing.
Cancellation requests must be made using the “Customer Billing” control panel or in writing with the customer’s signature with at least 48 hours’ notice and emailed to: billing@server4sale.com.

Service downgrades and upgrades

Service downgrades (for instance, when changing to a hosting package that offers fewer options) will take effect at the account’s anniversary date only (an account anniversary date corresponds to the day of the month at which an account was opened. For instance, if an account was opened on September 8, this account may be modified on the 8th of each month once the original commitment is over). Service upgrades, however, may take effect at any time.

Refund policy

All services rendered by Server4Sale are non-refundable. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. To avoid getting billed for the coming, services must be canceled at least 3 days prior to billing date. All invoices will be prorated.

Payment obligation

Upon account activation, Server4Sale reserves space, equipment and resources for the customer’s needs. The Customer must pay its account even if he is not making any use of it.

Credit Authorization

The Customer hereby authorizes Server4Sale and gives consent to Server4Sale under applicable privacy laws for Server4Sale to obtain credit information and bank and other financial references regarding the Customer for the purposes of assessing the Customer’s credit worthiness, and the Customer will promptly execute and deliver to Server4Sale such further documents and assurances and take such further actions as Server4Sale may from time to time reasonably request in order to carry out the intent and purpose of this Section.

Guaranteed network availability

Server4Sale will provide 100% transit to the Internet to all the customers who have purchased said service from Server4Sale. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our web site.

Guaranteed electrical power

Server4Sale guarantees the electrical power supply of its datacenter to 100% for all the customers subscribed to a solution which includes an electrical supply port or an amp circuit. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our web site.

Guaranteed hardware replacement

At any time, dysfunctional dedicated server hardware will be replaced within four hours. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our web site.

Limitation of Liability

THE CUSTOMER ACKNOWLEDGES THAT SERVER4SALE PERMITS OTHER CUSTOMERS TO INSTALL THEIR SOFTWARE AND EQUIPMENT IN THE PREMISES. SERVER4SALE WILL HAVE NO LIABILITY FOR ANY DAMAGES, COSTS, OR LOSSES INCURRED BY THE CUSTOMER (OR ITS CUSTOMERS) CAUSED BY SUCH OTHER LICENSEES’ ACTS, EQUIPMENT, SOFTWARES, ACTIVITIES OR FAILURES TO ACT. THE LIMIT OF SERVER4SALE’S LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR BY STATUTE OR OTHERWISE TO THE CUSTOMER (OR ITS CUSTOMERS) CONCERNING PERFORMANCE OR NON-PERFORMANCE IN ANY MANNER RELATED TO THIS AGREEMENT, FOR ANY AND ALL CLAIMS WILL NOT, IN THE AGGREGATE, EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO SERVER4SALE UNDER THIS AGREEMENT IN THE IMMEDIATELY PRECEDING 3 MONTHS FROM THE DATE THE CLAIM AROSE. IN NO EVENT WILL SERVER4SALE BE LIABLE FOR ANY LOST PROFITS, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.

Force Majeure

Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the party affected (“Force Majeure”). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure to make any payment when due.

Reselling

The Customer in the normal course of its business may resell to its customers use (subject to all the terms of this Agreement) of the Customer Space, Resources and Bandwidth Services provided by Server4Sale to the Customer pursuant to this Agreement, except that the Customer will not allow such customers to interconnect with other users in the Premises Any act or omission of any such customer that would be a breach of this Agreement if committed by the Customer will be deemed a breach of this Agreement by the Customer. The Customer agrees to defend, indemnify and hold harmless Server4Sale, and its officers, directors and employees (collectively, the “Indemnities”), from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from (i) any act or omission of any such the customer that would be a breach of this Agreement if committed by the Customer, and (ii) any claim by any such customer arising from use of the Premises, services provided by Server4Sale under this Agreement or otherwise from performance or non-performance by a party in any manner related to this Agreement.

Responsibility for Content

The customer is solely responsible for the content stored on and served by his servers.

Entire agreement

This Agreement including the attachments hereto and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, SERVER4SALE MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency this main agreement, any attachments, and/or any Service Order, the Service Order will take first priority, this main agreement will take second priority and the attachment will take third priority in interpreting the parties’ rights and obligations.

Severability and Reformation

If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.

Complaints

Complaints or TOS & AUP violations must be reported to billing@Server4Sale.com.

Changes and rights

Server4Sale may vary these rules and regulations from time to time in its sole discretion, and the Customer will comply with all other reasonable security requirements that Server4Sale may impose from time to time, provided that the Customer has been given 30 days’ notice.

ACCEPTABLE USE POLICY (AUP)

General Statement:

Server4Sale is dedicated to the unrestricted free transmission of information via the internet and its many resources. Our goal is to deliver enterprise quality on-demand IT services to all of our Customers while serving as the medium of exchange for transmission of all information. The storage, distribution, and exchange of information (content) are the internet’s single most valuable feature. Server4Sale is dedicated to protecting the source and distribution of information and protecting the rights and privileges of those utilizing it. Server4Sale does not purport to be the content police; our duty in the process of information dissemination is simply to act as conduit between interested parties. Server4Sale follows all local, state and federal laws pursuant to the services delivered over the internet and directly related to our network and internal systems. The purpose of this AUP is to inform all Customers of acceptable, anticipated Customer use. Due to the myriad of possibilities in maintaining a network comprised of thousands of servers, this AUP is intended to act as a guideline to service and not to be all encompassing.

Public Network

The primary purpose of the Server4Sale Public Network is to transmit information (packets) to and from Customer servers and data storage services. Proper use of the Public Network is to utilize the network in any way so long as Customer does not violate any local, state, or federal laws or generate harm to the network or interfere with the use of services of other users utilizing the same network. All Customers are granted equal access to the Public Network. Violation, misuse, or interference of the public network shall be considered a violation of the AUP and shall trigger the Methods of Resolution under this AUP.

Private Network:

The primary purpose of the Server4Sale Private Network is to allow secure private network connectivity to the private backend network directly connecting Customer servers and Server4Sale delivered services. Proper use of the Private Network is the upload/download of content, server administration, transmission of information between servers, transmission of information between servers and Server4Sale servers, secure private administration of services, data retrieval, console access, and true out of band management of their entire IT environment. The Private Network can also be utilized for service access during periods of non-payment, copyright infringement, spam abuse, service interruption or other instances requiring server administration. All Customers are granted equal access to the private secure network to securely manage their services. Connectivity to the Private Network is granted on an unrestricted basis in eight (8) hour increments. Dedicated connections to the Private Network are available through the sales team. Violation, misuse, or interference of the Private Network shall be considered a violation of the AUP and shall trigger the Methods of Resolution under this AUP.

Security Services

The primary purpose of the Server4Sale standard security services is to assist the Customer in the protection, management, update, and overall stability of the outsourced IT environment. Server4Sale also monitors all aggregate network traffic via Arbor networks and router netflow statistics for traffic analysis. Server4Sale also supplies Microsoft update servers and Red Hat update servers located on the Private Network for private secure update services. These services are included free of charge and are intended to assist Customers in the OS management of their servers. Other security services offered for a fee are covered via the terms of the individual services. These services include, but are not limited to: firewalls, host IDS, service monitors and other similar type products and services. Outside of the global network security services described above, Customers are required and obligated to maintain security related to Customer managed servers. The management of dedicated servers requires basic security management including password management, port management, OS updates, application updates, security policy settings and more. The Customer is ultimately responsible for individual server security unless contracted security services are purchased. Any violation of the security services included in basic services will be addressed pursuant to the Methods of Resolution under this AUP.

Server Content

Server4Sale does not actively monitor dedicated server content for review. Server4Sale believes in the free dissemination of information via our services. Dedicated server content will only be reviewed upon complaint by verified third parties. Content that does not violate local, state and federal law or the AUP is deemed in compliance and shall remain intact. Legal adult content is allowed on Server4Sale dedicated servers. Content deemed in violation will be addressed pursuant to the Methods of Resolution under this AUP.

DNS Services

Server4Sale supplies redundant domain names services for all Customers purchasing dedicated services. These services include the use of authoritative name servers for public resolution of domain names and private domain name resolvers located on the private service network. The DNS services are fully managed and maintained by Server4Sale with Customer specific domain name management through the online Customer portal. In rare instances, where extreme intensive loads (DNS lookups) utilize disproportionate resources of the redundant DNS systems, Server4Sale will notify Customer of potential violation of this AUP. Customers requiring such DNS services will be instructed to perform dedicated DNS services on Customer-managed equipment. Violation of DNS services shall trigger the Methods of Resolution under this AUP.

IP Addresses

All Internet Protocol (IP) Addresses are owned and managed by Server4Sale. IP Addresses are non-transferable from Server4Sale, and Customer retains no ownership or transfer rights to IP Addresses. All IP Addresses are assigned by the Server4Sale engineering team on a per VLAN, per server basis. Attempted use of IP addresses not originally allocated for use or IP addresses use on non-assigned VLANs or servers is a violation of this AUP. Violation of the IP Address policy shall trigger the Methods of Resolution under this AUP. All IP Addresses are currently registered to Server4Sale via Arin.net assignments. Private IP assignments are available to qualified Customers.

  1. Copyright and Trademark Infringement: Direct copyright infringement (as defined and noted under Title 17, Section 512 of the United States Code) and trademark infringement are direct violations of Server4Sale’s AUP. Please refer to DMCA copyright infringement requirements for filing complaints or counter notifications related to copyright claims.
  2. Unsolicited Email: The sending or receiving of mass unsolicited email (SPAM) is a direct violation of Server4Sale’s AUP. This includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services.
  3. Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services is a direct violation of Server4Sale’s AUP.
  4. Proxy Email (SPAM): The use of dedicated services to proxy email unsolicited users is a direct violation of Server4Sale’s AUP. Proxy email is defined as the use of dedicated services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties.
  5. UseNet SPAM: The use of dedicated services to send, receive, forward, or post UseNet unsolicited email or posts is a direct violation of Server4Sale’s AUP. This includes UseNet services located within the Server4Sale network or unrelated third party networks.
  6. Illegal Use: Any use of dedicated services in a manner which is defined or deemed to be statutorily illegal is a direct violation of Server4Sale’s AUP. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, “ponzi schemes”, invasion of privacy, credit card fraud, racketeering, and other common illegal activities.
  7. Child Pornography: Server4Sale has a zero-tolerance policy on child pornography and related sites. The hosting of child pornography or related sites or contact information is in direct violation of federal law and Server4Sale’s AUP.
  8. Threats & Harassment: The Server4Sale network can be utilized for any type of individual, organizational or business use. This does not include threats to or harassment of individuals, organizations or businesses, unless it falls within the bounds of protected free speech under the First Amendment of the United States Constitution. Server4Sale seeks to serve only as the medium of exchange for information and refrains from decisions on freedom of speech.
  9. Fraudulent Activities: Server4Sale prohibits utilizing dedicated services or network services for fraudulent activities. Participation in fraudulent activities is in direct violation of state and federal law and Server4Sale’s AUP.
  10. Denial of Service: Server4Sale absolutely prohibits the use of dedicated services or network services for the origination or control of denial of service attacks or distributed denial of service attacks. Any relation to DOS or DDOS type activity is a direct violation of Server4Sale’s AUP.
  11. Terrorist Websites: Server4Sale prohibits the use of dedicated services for the hosting of terrorist-related web sites. This includes sites advocating human violence and hate crimes based upon religion, ethnicity, or country of origin.
  12. Distribution of Malware: Server4Sale prohibits the storage, distribution, fabrication, or use of malware, including without limitation, virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity. Programs used in the normal ordinary course of business are deemed acceptable. Example: Security Company hosting at Server4Sale analyzes the latest root kit for new security analysis/software.
  13. Phishing: Server4Sale strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.
  14. HYIP or Ponzi Schemes: High Yield Investment Plans or Ponzi schemes with the intent to defraud end users are illegal and not allowed on the network. This includes hosting, linking and or advertising via email websites or schemes designed to defraud.

Reporting Violation of the Acceptable Use Policy

Server4Sale accepts reports of alleged violations of this AUP via email sent to abuse@server4sale.com. Reports of alleged violations must be verified and must include the name and contact information of the complaining party, and the IP address or website allegedly in violation, and description of the violation. Unless otherwise required by law, such as the DMCA, Server4Sale owes no duty to third parties reporting alleged violations due to lack of privity in contract law. Server4Sale will review all verified third party reports and will take appropriate actions.