Revision date: May 21st, 2015
This document clearly outlines procedures and restrictions for all clients.
ServerCrate strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other ServerCrate customers and us against such harm.
In the absence of any other Agreement, you will have accepted this Policy and these Terms and be bound by them if you use any of the services offered by ServerCrate ("Services") or otherwise indicate your affirmative acceptance of such Services.
This Policy and these Terms may change from time to time. ServerCrate will try to inform all of our customers of the changes and subject to applicable laws and this Agreement those changes will be effective after 7 days.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any client for any reason not prohibited by law. Any deliberate attempt to cause damage to ServerCrate or any other Internet servers will result in immediate account deactivation without prior notice. No refund will be issued in this case.
Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. There is a setup fee charged for some products. No bills or invoices will be sent by postal mail or fax, unless requested and agreed upon in writing before service is rendered. Prepayment is due each anniversary (one month, one year, or other agreed upon period) following the date the account was established. Billing will continue until you cancel your hosting account. As a policy, we do not offer credits or refunds for hosting time already expended or on any promotional credit, such as a free month of hosting. Credit cards may be billed up to seven days in advance of the due date to assure that service will not be affected if there is a problem with the credit card. ServerCrate considers all credit card or PayPal chargebacks for services rendered, or partially rendered, to be fraudulent. Such accounts will be assessed a $50 fee, per incident, and have their balance sent to a third-party collections agency. Please follow the refund procedures we have defined.
If you decide to cancel after prepayment, you will not receive a refund for the current month in use (we do not give partial months refunds). If cancellation is done by ServerCrate due to an account violation, there will be no refund. Additional features can be added at any time. ServerCrate reserves the right to change prices at any time, but will notify all clients before such changes take place. A service cannot be cancelled while an invoice is outstanding.
You agree to allow us and our agents the right of access to equipment and data, as is reasonably needed, for purposes of installing, servicing, configuring, maintaining, inspecting, upgrading, replacing and removing the services and/or equipment used to receive any of the Services. In so doing ServerCrate will take all reasonable care to insure the work is complete in a professional manner with minimal interruptions to Services. In all instances ServerCrate's liability will not exceed what is provided within this Agreement.
You may cancel at anytime. Please note we do not refund partial monthly fees to accounts. To cancel your account, please email [email protected]. Notification of cancellation must be received at least one full week prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the client's responsibility to secure email confirmation from ServerCrate that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. Clients are responsible for all charges associated with an account until cancellation is verified via email.
If the client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve client of any outstanding financial obligations. ServerCrate reserves the right to go through a third-party collection agency to collect any overdue payments. All accounts sent through a third-party collection agency will have an additional fee of 38% of the amount owed added to cover the collections fees and other related expenses, subject to applicable laws.
Affiliate payout rates can change at any time, with due client notification. Affiliate payouts will be made within 60 days of a withdrawl request. If a payout is not made within 60 days, ServerCrate will add an additional 10% on top of the affiliate balance. Affiliate withdrawls will not be made to clients found to have broken our terms of service.
ServerCrate is committed to a strict anti-spamming policy. Under this policy, we prohibit spam, or any unsolicited commercial email, from being sent either: Over the ServerCrate network, by clients or any other users of the ServerCrate network (including the client's customers); AND/OR over ANY network - if the message sent advertises or mentions a site hosted on the ServerCrate network.
We react quickly and seriously to violations, and we further reserve the right to terminate the services of any client disregarding this policy. VPS customers may have their accounts suspended without notice, depending on the severity of the incident. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an email address or web site URL on ServerCrate' network is prohibited. The use of ServerCrate' network as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam will be billed a "clean up" fee of $100 along with a potential fee of $50 per mailing/complaint if they are deemed to be unresponsive to our requests.
If you have any complaints or comments regarding spam on our network, please email [email protected].
Note: ServerCrate explicitly reserves its right to act in accordance with this policy in all instances. However, we will generally not suspend an account due to a single violation. In general, we will first attempt to work with you to resolve the situation. If problems persist or there is no cooperation the account may be suspended and have the above charges applied. As a web host we understand you may not have control of all your users/clients and we are more than happy to work with you as long as you are cooperative. We give all clients the right to defend themselves before accounts are permanently suspended or charged the specified clean-up fees.
All services provided by ServerCrate may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any American law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material that promotes any illegal activity, or material protected by trade secret and other statutes without proper authorization. ServerCrate will comply with all requirements of all Federal and State laws and regulations and will comply with orders of any court of competent jurisdiction or regulatory agency with authority over ServerCrate or its business. The subscriber agrees to indemnify and hold harmless ServerCrate from any claims resulting from such compliance or the use of the service which damages the subscriber or any other party.
Examples of unacceptable content include, but are not limited to, the following:
Any illegal activity may result in your site being suspended immediately, without notification. Any sites breaking the above rules will be subject to a $100 clean-up fee if they are deemed to be unresponsive to our requests.
ServerCrate will be the sole arbiter as to what constitutes a violation of this provision.
ServerCrate is a strong believer in everyone's right to practice free speech and we do not feel that it is our obligation to rid the Internet of any material which others feel may be inappropriate or offensive. We feel that the right of free speech trumps any other claims of content being inappropriate or offensive as those terms are objective, while the laws of the United States are quite clear. As long as the content is legal, we will not suspend your account without notice, though we do reserve the right to refuse hosting to any party for any reason with proper notice being given.
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. ServerCrate investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, but are not limited to, the following:
Inadequate security, insecure/unpatched software, insecure passwords, etc. are not the responsibility of ServerCrate. The client is responsible for assuring that their account is as secure as possible and the account holder accepts all responsibility for actions taken using their allocated resources, whether they are authorized or not. The account holder on file agrees to be held responsible for all bandwidth overage fees, clean-up fees, and managed service fees.
ServerCrate strictly prohibits the running of IRCd, eggdrop, or other IRC related scripts, programs, or bots from VPS accounts. If you are running such scripts, programs, or bots you take full responsibility for any and all costs that may be involved in resolving such an attack, with a minimum fee of $50 per incident.
No guarantees are made of any kind, either expressed or implied, as to the integrity of our backups. It is the clients' responsibility to maintain local copies of their content and other stored information. If loss of data occurs due to a failure on ServerCrate' part, we take reasonable action to recover the data in-house at no charge to the client. If data loss occurs due to negligence of client in securing their account, by an action of the client, or any actions not under the direct control of ServerCrate, ServerCrate will have no liability.
It is the responsibility of the client to assure that the complete contact and billing information on-hand is up-to-date and accurate, including full mailing address and a list of authorized contacts. ServerCrate will contact users via the email addresses and/or phone numbers entered by the user and will not be held responsible for the accuracy of this information. ServerCrate provides a direct way for all users to verify this information through the control panel.
You represent and warrant that you are at least 18 years of age.
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.
No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.
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.
This Agreement supersedes all previous Agreements and Service Agreement Addendums between the parties. This Agreement and any subsequent Service Agreement Addendums 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, ServerCrate 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.