This AGREEMENT between Spyridon Technologies (hereinafter referred to as “Spyridon Tech “) and Account Holder (hereinafter referred to as “Member”) WHEREAS Spyridon Tech provides the service including but not limited to that of Web Hosting, Domain Name Registration Service, E-mail Service, and File Upload Service (the “Service”); AND WHEREAS Member desires to subscribe to the Service on the terms and conditions contained herein; now THEREFORE in consideration of the mutual agreements contained in this Agreement, Spyridon Tech and Member agree as follows:
1. The Service
Spyridon Tech’s services include but are not limited to the following: Domain hosting, POP3 and web-based e-mail and file upload (FTP). Member is entirely responsible for:
i. all fees and/or charges related to domain name registration and/or renewal, hosting, third party application fees (SSL, goMobi, etc). Spyridon Tech is not responsible for domain names lost to other registrars registering an expired domain name for having the domain name go into redemption status which may result in extra fees to renew the domain name due to Members failure to remit payment to Spyridon Tech by its due date for renewal of the annual registration;
ii. Presenting available payment upon due date for any of Spyridon Tech’s paid services via acceptable means offered; if account(s) has outstanding balance, Spyridon Tech reserves the right to suspend all services associated with member and/or member credit card number until amount is paid in full*. Data remaining on Spyridon servers after the hosting contract has expired is subject to deletion and member is solely responsible for repopulation of site content from members backups or source data. Spyridon Tech may place banner ads on any website that is not in good standing specifically if Member is delinquent in payment for any portion of their account. A Member who is delinquent hereby waives any right to earnings from said ads which may or may not include ads by businesses deemed to be in competition to Member. If Member defaults in payment for a domain renewal, Member agrees that Spyridon Tech may point said domain to any server location including a website that may or may not be deemed competition to the defaulting Member.
* reactivation service charges will apply for accounts suspended due to account outstanding balance problems
iii. Providing all necessary equipment and software to establish a connection to the World Wide Web and use the services offered by Spyridon Tech, including but not limited to a computer and modem;
iv. Providing own access to the World Wide Web and pay for all fees associated with such access.
v. Maintaining all backups of the Members own site content including email, databases and other content.
2. Member Information
To be able to use the Service, Member must complete a proper registration process. Member agrees to:
i. provide current, complete and accurate personal information (referred to as the Registration Data) as requested by the Service;
ii. Maintain and update this information to keep it current, complete, and accurate.
Spyridon Tech does not sell or disclose any Registration Data to a third-party unless:
i. Member voluntarily discloses such information to another party;
ii. Member expressly directs Spyridon Tech to release such information;
iii. Spyridon Tech is required to disclose such information by any applicable law or legal process served on Spyridon Tech.
Member may choose to display advertising banners on own web site, provided that the advertisements are not of illegal, pornographic, or discriminatory nature. Member may also enter into correspondence with or participate in promotions of the Advertisers whose banners are displayed on own or other Members’ web sites. Any such correspondence or participation, including the payment and delivery of products and services, and any other terms, conditions, warranties or representations associated with such correspondence or participation, are solely between the corresponding Member and the Advertiser. Spyridon Tech assumes no liability, obligation or responsibility for any part of any such correspondence or participation.
The Service is subject to the following limitations:
i. Member agrees not to engage in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate or unreasonable amount of the resources of the Spyridon Tech server including running large email lists;
ii. Member shall not include content or Internet links to content on the Site that may contain, promote, or involve the following:
a. any infringement of copyright, trademark, patent, trade secret or other intellectual property right;
b. explicit sexual nudity or pornography;
c. content that exploits children under 18 years of age;
d. hate propaganda;
e. racist, threatening, or otherwise abusive content;
f. content promoted through the sending of unsolicited e-mail (also known as spamming);
g. sending of unsolicited e-mail (spam) from the Spyridon Tech server, or any other server that refers to content on the Spyridon Tech server, or sending such e-mail with a Spyridon Tech-hosted web site listed as the contact address;
h. mail fraud, multilevel marketing (pyramid) schemes or other fraudulent activities;
i. the promotion or incitement of, or instruction for, the commission of illegal activities;
j. information or other material that contains a virus, corrupted data or other harmful or damaging component.
5. Member Account, Password, and Security
A password and an account are provided to Member upon completion of registration. Member is entirely responsible for
i. maintaining confidentiality of the password and account;
ii. All consequences of voluntary disclosure of password and account information;
iii. Any and all activities that occur under Member’s account.
iv. Firewall will block future access of any ip that attempts to enter (5) incorrect password attempts within a (5) minute period. This Firewall IP Blocking will result in a restricted access to your website and/or email. Repeatedly attempting to access cPanel or Email with incorrect user name and password causing a firewall block can subject your account to cancellation as this is considered a threat to the security of our servers and resources. Spyridon Tech reserves the right to charge a $25 fee to remove firewall blocks due to repeated Member abuse.
v. Spyridon is not responsible for unauthorized access or damage due to weak or easily cracked passwords you may use on your account including ftp, email and third party installations such as cms programs.
vi. Spyridon is not responsible for how search engines index or list your site in SERP pages or any black listing of your site or email account by third party search engines, smtp servers or black/block lists.
Member agrees to notify Spyridon Tech immediately of any unauthorized use of Member’s account or any other breach of security known to Member.
No notice is required to cancel your service with Spyridon Tech and there is no cancellation fee. All yearly and monthly hosting fees paid for service up to the notice of cancellation are nonrefundable. Promotional offers bundled with hosting services are subject to payment if cancellation occurs within the first 15 days of services. Discounted hosting rates offered for pre-paid annual contracts are subject to refund based on monthly rate services. Early cancellation will result in forfeiture of annual discount rate. Domain name registrations or renewals are not refundable under any circumstance.
7. Data transfer and web space limitations
In order to load balance our servers keeping our services cost effective for our paying members, bandwidth limitations and web space is limited depending on members account type. Exempt accounts will be required to pre-established a different set of bandwidth limitations before hosting account is created. Member agrees to pay any bandwidth and or web space overages that may occur on their account. Bandwidth overage charge is $10.00/1GB/mo. Web space overage charge is $20.00/1GB/mo.
8. Amendments to Agreement
Member agrees to be bound by any amendments or modifications to this Agreement that are set out, from time to time, by Spyridon Tech anywhere on this site http://www.spyridontech.com.
9. Modifications to Service
Spyridon Tech reserves all rights to modify or discontinue the Service with or without notice to Member. Spyridon Tech shall not be liable to Member or any third party should Spyridon Tech exercise its right to modify or discontinue the Service.
10. No Representations or Warranties
The Service offered by Spyridon Tech is on an “as is” basis, with no representations or warranties of any kind, expressed or implied. For greater certainty and without limitation to the generality of the following:
i. Spyridon Tech makes no representations, warranties or guarantees of any kind, whether written or verbal, regarding the reliability of the Site provided or any other services offered;
ii. Spyridon Tech is not responsible for deleted, altered, or lost data due to network or system outrages, file corruption, accidental deletion, or any other reasons;
iii. Spyridon Tech makes no representations, warranties, or guarantees with regards to server reliability, speed or consistency;
iv. Spyridin Tech makes no representations, warranties, or guarantees with regards to availability, reliability, functionality or security of ANY email account or related service.
v. Spyridon Tech makes no representations, warranties or guarantees as to the accuracy or correctness of any content on any of the Sites and is not responsible for any errors or omissions arising from the use of such information;
vi. Spyridon Tech may also include, on its web resources or in newsletters, information provided by 3rd party partners and providers. Spyridon Tech does not guarantee or warrant the reliability of this information nor does Spyridon Tech recommend any of these services.
11. Limitation of Liability
Spyridon Tech is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the Spyridon Tech server; or losses or damages arising from the use of the content or services provided by Spyridon Tech. For greater certainty and without limitation to the generality of the following:
i. in no event will Spyridon Tech be liable to Member for any direct, indirect, incidental or consequential damages arising out of the Service or in connection with the Site or any other services or products provided to Member;
ii. Spyridon Tech, and it’s employees shall in no way be liable to Member or anyone else for any loss or injury resulting from use of the Service or the Site;
iii. In no event shall Spyridon Tech be held liable for any damages, whatsoever, as a result of notifying any official of potentially illegal content on the Site, providing copies of Members’ web pages to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
Member agrees to indemnify and hold Spyridon Tech harmless from and against, and to reimburse Spyridon Tech with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by Spyridon Tech by reason of or arising out of or in connection with
i. any breach of this Agreement by Member;
ii. Any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on the Site;
iii. Illegal, pornographic, or discriminatory content on the Site
Member agrees that Spyridon Tech may terminate this Agreement, discontinue the Service and delete the Site at any time with or without notice to Member in any of the following circumstances:
i. Member violates any term of this Agreement, any municipal, provincial or federal laws, or any policy set out, from time to time, by Spyridon Tech anywhere on this site http://www.spyridontech.com;
ii. Member engages in conduct or posts material on the Site that Spyridon Tech believes is harmful to other Members, the business of Spyridon Tech or any third-party;
iii. Member engages in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the Spyridon Tech server including storage of email beyond 14 days or sending spam email whether intentional or unintentional;
iv. Member disputes the terms of this Agreement or any amendment set out by Spyridon Tech;
v. Spyridon Tech receives complaints regarding Member or the Site, from other Members or third-parties including reported display of copyrighted material that Member does not have rights to display.
vi. Member provides personal information that is not current, accurate, and complete.
vii. Member modifies the DNS tables to point their domain name away from our name servers. We do not allow hosting accounts that are not connect to a registered domain name.
viii. Member allows multiple incorrect password attempts that cause the firewall to be tripped.
ix. Account may be suspended or terminated if malware is detected within Members account space. It is the sole responsibility of the Member to maintain a malware free environment of their space.
x. Member engages in verbal or written language or correspondence that may be considered threatening or disrespectful toward Spyridon Tech, its staff or partners.
14. 30 Day Money Back Guarantee
Money Back guarantee promotional offer (when offered) pertains to the first month plan rental only. Domain registration, if any, or purchase of third party applications or services cannot be refunded.
15. Governing Law
i. This Agreement is governed by and construed in accordance with the applicable laws of the State of Michigan and the federal laws of USA;
ii. Member and Spyridon Tech agree to submit to the exclusive jurisdiction of the courts of the State of Michigan and of USA;
iii. If any provision of this Agreement is held to be invalid, illegal or unenforceable, all other provisions will nevertheless continue in full force and effect;
iv. Spyridon Tech’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Spyridon Tech by writing;
v. Member and Spyridon Tech agree that any cause of action arising out of or related to this Service must commence within 90 days after the cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in this Agreement are solely used for the convenience of the parties involved and hold no legal or contractual significance.