This Agreement ("Agreement") is between ServerRun.com("ServerRun") and the person (individual or legal person) who signs ServerRun’s order form ("Order") incorporating this Agreement by reference ("Customer"). These Terms of Service govern your use of the services provided by ServerRun (the "Services"). BY USING THE SERVICES,YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our AUP, and that you consent to resolve any dispute that you may have with us, our suppliers, or the Services in Hong Kong Special Administrative Region(“HKSAR”).ServerRun reserves all the rights on final explanation of all the meanings of the content in this polices. ServerRun reserves the rights to modify the Terms of Services at any time without further notification.
ServerRun reserves the right to suspend or cancel a client's access to any or all services provided by ServerRun when ServerRun decides that the account has been inappropriately used.
Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others. If server security is compromised, the account holder is responsible for all violations of these Terms of Services (so called herein) and ServerRun's Acceptable Use Policy (AUP), including SPAM, and all disconnect and reconnect fees associated with violations. ServerRun does not harden or enable additional server security software outside of operating system defaults.
ServerRun agrees to offer services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Services. ServerRun reserves the right to refuse Services to any potential client and/or to deny renewal of Services to any existing client, at the sole discretion of ServerRun.
ServerRun's Terms of Services and AUP are both subject to change at any time and without notice at the sole discretion of ServerRun. A change in policy shall not be grounds for early contract termination or non-payment. We may change these Terms of Services at any time, as we deem appropriate. If we believe the changes we make will have material impacts on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Services have been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.
Services interrupted for non-payment may be subject to a US$30 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 ServerRun. Clients deactivated for non-payment or charge-back are subject to their data being destroyed three (3) days from suspension/charge-back date. ServerRun is not responsible for data integrity, regardless of circumstance. ServerRun strongly recommends keeping up to date and off network backups to protect against data loss.
No Services rendered by ServerRun are eligible for a refund. Prepayments and account credit are ineligible to be refunded, or transferred to alternate accounts. Any and all charge disputes must be reported directly to ServerRun within thirty (30) days of the date which the charge originally occurred. If a charge which is deemed valid by ServerRun , and validated by our Terms of Services or AUP, is disputed to a financial institution by performing a charge-back, then the client agrees to pay an 'Administrative Fee' of US$250 in addition to original amount of funds which were reclaimed.
Client agrees that ServerRun may suspend services to Client without notice and without liability if: (i) ServerRun reasonably believes that the services are being used in violation of any Terms and Conditions or the AUP; (ii) Client fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) ServerRun reasonably believes that the suspension of service is necessary to protect its network or its other clients, (iv) as requested by a law enforcement or regulatory agency. Customer shall pay ServerRun reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection; or (v) ServerRun reasonably judge that a client does not pay for service in time.
ServerRun requires a seven (7) days notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via ticket system. A seven (7) days notice before the upcoming billing date is also required for any downgrades. All client data will be destroyed immediately after the cancellation date. Official ServerRun Resellers may cancel their servers up to twenty-four (24) hours after the server's billing renewal date. After twenty-four (24) hours, the server can still be requested to be canceled by the reseller, however the termination fee of US$30 will be applied to the account and must be paid within 15 days to avoid full account suspension.
The Agreement may be terminated by either party, without cause, by giving the other party seven (7) days prior written notice.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if ServerRun fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within fifteen (15) days of Client's written notice describing the failure in reasonable detail.
The Agreement may be terminated by ServerRun prior to the expiration of the Initial Term or any Renewal Term without liability as follows: 1. without notice if Client is overdue on the payment of any amount due under the Agreement; 2. if Client materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within seven (7) days of a written notice from ServerRun describing the violation in reasonable detail; 3. without notice if Client's service is used in violation of a material term of the AUP more than once.
Either party may terminate this agreement upon seven (7) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of SeverRun. All information available to SeverRun about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the HKSAR, or abroad.
WE PROVIDE THE SERVICES .AS IS., .WITH ALL FAULTS. AND .AS AVAILABLE.. WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY A SERVERRUN REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Services at your own risk. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR AFFILIATES' AND OUR SUPPLIERS' AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PERIOD DURING WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFILLIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys' fees, which arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
ServerRun provides hardware support related to each direct client's service functioning. ServerRun does not offer software support of any kind. ServerRun does not provide software support/troubleshooting for the software items chosen from the order form. ServerRun only ensures the correct default installation of any software item chosen from the order form, and in no way assumes liability for the configuration of any of the installed software. ServerRun is not responsible for any downtime associated with the incorrect configuration of operating system kernels or any software, whether installed by ServerRun or the client. ServerRun may provide enhanced software support (including kernel configuration) for an additional fee. Please contact sales or support for enhanced support pricing. Each client is eligible for one (1) complimentary operating system (.OS.) reload per month; each additional OS reload is US$50 per reload. Installation of an unsupported OS is subject to the prior approval of ServerRun and to a US$50 fee. ServerRun does not provide any type of support to the clients of our clients (third party clients). ServerRun will only provide support directly to clients of ServerRun.
ServerRun reserves the right to deny mail delivery from any servers hosted on our network if they are believed to be involved in SPAM or SPIM activities. This includes spam support services such as DNS or spamvertized web sites. Our abuse department will locate abusive servers based on public blacklist monitors, abuse reporting from external networks, and other means. If our abuse department receives a report or otherwise becomes aware of abuse-related activities active on our network, we will identify the server the abuse was initially sent from (via IP and in some cases by domain) and create a ticket on behalf of the user who occupies the server with information regarding the abuse such as logs describing the abuse and an explanation of what abuse took place.
An abuse ticket serves as notification that our abuse department has received reports of abuse originating from the server. We require a client response to ALL abuse tickets within 24 hours of the ticket being opened. Typically no service will be suspended or filtered within the first 24 hours of an abuse ticket being opened. If a response is not received within 24 hours, or the server is determined to be abusive (or likely to be abusive in the case of spam blacklistings) after the ticket is opened, our abuse technicians may filter or disable ports or IPs assigned to the server temporarily to prevent further abuse until a response is received. If a response has not been received to an abuse ticket within 24 hours of being opened, the server is eligible for suspension and may be completely disabled until we receive a response. Habitual neglect of abuse occurring on a client's server may lead to service termination or longer-term port filters as some blacklistings can take several weeks to time out or be removed. ServerRun reserves the right to refuse services to any client whose account(s) have been fined or terminated for abuse-related activities. If an IP range or IP address has been blacklisted as a result of excessive abuse reports, ServerRun reserves the right to issue a fine of US$150 and immediately terminate the service. Compromised servers issued abuse notifications: If our abuse department suspects that abuse reports associated with a client's server are a result of the server's security being compromised, our abuse department will offer the following options: At the discretion of our abuse department, we will typically offer the ability to log in to the server and remedy the security compromise while leaving the abusive traffic filtered. Offer an Operating System reinstallation, setting the configuration back to the original state it was provisioned in. If Operating System reinstallation is not accepted as an option, ServerRun may offer to manually retrieve/repair the files on the server, at a fee to be assessed and paid prior to any work being done. Habitual security compromises that result in abusive traffic being transmitted or received from the server may result in service termination. If a client wishes to dispute any abuse reports, or any fine assessed in connection with abuse reports or blacklistings, the client must provide ServerRun with an explanation via online ticketing system within 7 days of the abuse ticket being opened.
ServerRun handles any and all Digital Millennium Copyright Act (.DMCA.) complaints very seriously, and will thoroughly investigate each complaint received. ServerRun reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. The following actions will be taken on a case-by-case basis: A ticket is opened as a warning, providing 24 hours to resolve the situation. After 24 hours with no client response, connection to the IP address from the DMCA complaint will be disabled at the network level. At this time, ServerRun reserves the right to assess a US$20 fine. After 48 hours with no resolution, services on the server in question will be suspended. After 7 days of being suspended and the issue not having been resolved, services on the server in question will be canceled and an Abuse Charge of US$150 will be placed on the account. All client data will be destroyed immediately after the cancellation date.Users who violate this policy and fail to resolve the situation within 24 hours agree that in addition to these administrative penalties, they will pay research fees which do not exceed US$50 per hour that ServerRun personnel must spend to investigate the matter only if claims are found to be valid.
Clients agree to submit to identity verification measures, designed for both the security of the client as well as the security of ServerRun. The identity verification measures may include the faxing of two forms of government issued identification to ServerRun, as well as a front and back copy of the credit card used for payment, as well as a copy of a utility bill with the billing address. In certain circumstances additional identity verification may be required, in addition to the previously listed forms.
ServerRun keeps all clients information private, however ServerRun reserves the rights to display, disclose, reveal or use the service provided on any of ServerRun & its associate(s) websites wherever & whenever published or on any publication or (electronically medium or hard-copy format) as demographics for marketing purpose. ServerRun reserves the right to use client quotes for promotional uses. Such quotes will be anonymous unless the client agrees to disclosure of their name. All communications from ServerRun and the client are strictly confidential and for the intended use of the addressee only. Any disclosure, use or copying of the information by anyone other than the intended recipient is prohibited and you agree to be held liable for damages if you violate this agreement, forward the information, post it or allow it to be posted online in public or private forums or venues.
Your affirmative act of using the Services constitutes your electronic signature to these Terms of Services and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, .Notices.). We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Services. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the .Terms of Services. link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Services is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
ServerRun will not be responsible for any damages your business may suffer. ServerRun makes no warranties of any kind, expressed or implied for services we provide. ServerRun disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ServerRun and its employees. ServerRun reserves the right to revise its policies at any time without prior notification. ServerRun furthermore expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate ServerRun policy. Finally, ServerRun wishes to emphasize that in accepting services, subscribers indemnify ServerRun for any violation of the subscriber of the Services Agreement, or of law or ServerRun policy, that results in loss to ServerRun or the bringing of any claim against ServerRun. This means that if ServerRun is sued because of activities of the subscriber that violate any law, the Services Agreement or this policy (which is part of the Services Agreement), the subscriber will pay any damages awarded against ServerRun, plus costs and reasonable attorneys' fees.