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Surfs Global’s Terms of
Service and Acceptable Use Policy
To use the service, you must
complete the registration process by providing us with current, accurate
information as prompted by the Registration Form, including email address(s).
You affirm you are 18 years or older. You shall at all times provide Surfs
Global with accurate information. Users are entirely responsible for any and all
activities that occur under their Surfs Global account. Customers agree to
notify Surfs Global immediately of any unauthorized use of their account or
breach of security. When you register, or use the service or make payment for
the service you are indicating your agreement with these terms of service (TOS)
and agree to abide by them. Customer shall not resell, rent, lease, grant a
security interest in, or make commercial use of the Surfs Global Services
without the express written consent of Surfs Global
Customer Accounts
Clients are responsible to provide Surfs Global with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and report to Surfs Global all changes to this information within thirty (30) days of the change. Clients are responsible for any charges to their account. Changes made to an account's billing information do not negate existing payments due on the account.
Domain Names
CLICK HERE for Terms of Service
CLICK HERE for Dispute Resolution Policy
Billing
As of June 2002 all invoices
will be sent via email ONLY. Customers are responsible to make payments for
services in a timely manner, as follows;
All monthly Invoices will be sent
out on the 15th, all 3, 6 month, annual and bi-annual invoices will be sent out
on the 1st. of the month prior to the due date, and are due and payable by the
last day of the due month.
If you need your invoice mailed via U.S. postal service a $3 processing fee will be applied to each invoice mailed.
Payment
In order to keep our prices down Surfs Global does NOT extend credit to Customers. Customers are required to make payment for products or services as follows:
- All Internet Access and Website Hosting services must be paid for in advance of service delivery.
- Computer sales require payment in full at time of order.
- Computer repairs must be paid at pick up.
- On Site Computer training, repair, or networking may require half down to initiate work and/or payment in full due at time of service completion.
- Website development and programming fees require payment in full at contract for orders under $600, projects exceeding $600 require half down or $600 down whichever is greater with payment in full due at service completion.
All fees must be paid in U.S. currency.
If the client's organization requires corprate approval prior to issuing payment the client is responsible to attain this approval PRIOR to ordering the product or service from Surfs Global.
Deposits
Deposits are fully
refundable and will be applied to the user's last billing term when/if the user
decides to terminate their service with Surfs Global or the deposit will be
returned to you up to 30 days after your last day of service, if you follow by
our Cancellations terms (see Cancellations/Internet Access).
Deposits are automatically applied to any Internet Access or website Hosting account in
default. (see Defaulted Internet Access Accts)
Payment by check
we welcome payments by Business
or Personal checks. If the check gets returned from the bank, your account(s)
will be AUTOMATICALLY DISCONNECTED. A $25 check fee will apply. A $60 re-setup
fee for hosting and/or a $10 re-setup fee for dial-up accounts, plus the amount
of the invoice, late fee(s) and/or deposit(s) will need to be paid for account
reactivation. If a check gets returned from the bank, we will not accept
payments by check until the customer is back on a good payment term. A good
payment term is 3 or more invoices that are paid on time. Postdated Checks are
not accepted or honored without prior approval from Surfs
Global
Payment by echeck
if you want to use an echeck you must
make sure that the echeck CLEARS by the due date on your invoice. If your echeck
clears after the due date your account will accrue a $3 or 3% late fee whichever
is greater. (Echecks can take up to 10 days to clear)
Setup
Fees
There is a one time $10 setup fee for all new Hosting accounts and a
$199 setup fee to become a reseller. Setup fees are charged due to the time
involved in setting up the Customer's account on the server. Setup Fees are non
refundable.
Late Payments
Surfs Global strives to provide
quality services at an affordable price. In order to keep our prices down we
depend on our customers to make their payments for service in a timely manner. ALL INTERNET ACCESS, HOSTING, IDX, AND DOMAIN REGISTRATIONS ARE PREPAID SERVICES. This means the account(s) must be paid before the first service day of the service billing period. Prepay Accounts unpaid by the due date will be automatically disabled and incur a $3.00 or 3% late fee
whichever is higher. Disabled accounts must become current and pay any reconnect fees incurred in order to reestablish service.
Ordering new
services
When
new services (website editing, programming...) are requested from a client, an
email detailing the work that will be done will be sent from us and must be
replied to by the client indicating their acceptance.
We will no longer setup any new services
for any client that has an open invoice with us. An open invoice is an invoice
that has not been paid by the due date.
Services Preformed outside of our
Network
When,
we develop/edit websites and/or programming that is not in our network, the
files will be developed on our server. Once all payments are made we will then
upload to your domain/server. Once our work is on your domain/server you agree
that the work is complete and is to your specifications.
Computer Repair and
Networking
Computer repair and networking
performed in house or on site must be paid at time of delivery, except when a
payment plan has been authorized. New computer builds must be paid in full at
time of order. Onsite
computing/networking charges are $65/hr for every hour an SGI technician is on
location. Travel expenses must be paid as follows $45 travel expense for each
county traveled from Stephenson County If the job requires a stay over
customer is responsible to pay for the technician(s) hotel room(s) and one meal
per day per technician for each day SGI technician(s) are working at your
location. In house computer repair is $45/hr.
Computers must be picked up and paid
within 30 days from completion of the repair or build. Computers not picked up
and paid by this time will be charged a storage fee of $5/day, computers not
picked up within 60 days possession reverts to SGI.
Cancellations
Customers may cancel their
Surfs Global Account at anytime with a 30 day emailed/written notification to
Surfs Global, accept for new customers, new customers must cancel before the
last day of the first service month. Notice is effective only upon receipt by
Surfs Global. Discontinuation of or failure to use an account by a subscriber
does not constitute termination and Subscriber shall be responsible for any
account fees until receipt of written notice of termination by Surfs Global.
Subscribers must cancel before their next renewal date. When your cancellation
notification has been received by Surfs Global your account will be balanced
according to a 30 day term refunds are granted as specified in our Refund
policy. All files will be removed from the SGI Network on the cancellation day
of the cancellation notice receipt. Once an account is cancelled the customer
will not use, post, transmit, copy, sell or download any of Surfs Global's
graphics, html code or programming provided for the customer's use via the
service.
Refunds
Refunds are given only when cancellation of
service is given within the first 30 days of the initial service term and
provided according to SGI’ s Cancellation policy. If you cancel a new account
after the last day of your first service month you will not receive a refund and
you will be responsible to pay for the next service term. Quarterly,
Semi-Annual, and Annual Accounts may be refunded less twenty dollars ($20.00
USD) or the current charge for one month of service, whichever is greater, only
when the account is cancelled within the first 30 days of its service term and
before the next service term. Set Up fees are non refundable. Refunds are
balanced according to the remaining time on your service term.
Email
The amount of Email storage space
per account is limited. Some Email messages may not be processed due to space
constraints or outbound message limitations. You agree that Surfs Global is not
responsible or liable for the deletion or failure to send or store messages or
other information.
Email storage space
and bandwidth for Domains hosted by SGI is calculated cumulatively with the
total amount of disc space and bandwidth available to the
domain.
You acknowledge that all Content is
the sole responsibility of the person from which such Content originated. This
means that you are entirely responsible for all Content that you email or
otherwise transmit via Surfs Global’s Email Service. Surfs Global does not
control any of the Content transmitted via the Surfs Global Email Service and,
as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Surfs Global Email Service, you may be exposed
to Content that is offensive, indecent or objectionable. Under no circumstances
will Surfs Global be liable in any way for any Content, including, but not
limited to, any errors or omissions in any Content, or for any delays, loss or
damage of any kind incurred as a result of the use of any Content posted,
emailed or otherwise transmitted via the Surfs Global Email
Service
Surfs Global reserves the right to
temporarily shut down the mail servers on occasion for the purpose of
maintenance or repairs without notice. User emails in the queue will be stored
and delivered once the work has been completed.
If you are using our server side
MailDefense your email is scanned for virus and spam and will be filtered with
our MailDefense program deleting most viruses and over 85% of spam before it
reaches your email box, however some viruses or spam may slip through. It is
your responsibility to protect your computer with your own antivirus protection
software as stated in Your Computer Protection section below.
Your Computer
Protection
Your Computer protection is you’re
responsibly. Surfs Global is not responsible for the content you download to
your Computer via the service. YOU ARE SOLEY RESPONSIBLE TO PROTECT YOUR
COMPUTER. You should have an Aniti Virus, Ad Ware, Spy ware, Trojan horse and
Malware protection programs installed on your computer BEFORE you access the
Internet. If you choose to go on the Internet without proper protection you are
entirely responsible for the consequences.
Defaulted Hosting
Accts
Hosting/Website Accounts in default must pay a $60 reconnect fee
and bring the account to a $0 balance for service to be reinstated.
Defaulted Internet Access Accts
The Customer's deposit on file (if any)
will be applied to the billing term due and the account will be disabled. In
order to restore the account the Customer must pay the next month's billing
amount and a new deposit in the amount of one month's worth of access.
Wholesale/Resellers
Wholesale/Resellers are to abide by the
following Billing Terms.
1) All wholesale/resellers accounts must be paid by
the last day of the due month of any given billing period. Wholesale dialup
accts unpaid by the last day of any given billing period may be disabled.
2)
Wholesale/resellers accounts unpaid by the 1st will accrue a 5% late fee of the
total amount owed.
3) Wholesale/resellers accounts unpaid by the 10th of that
same month will receive a 5 day disconnect notice.
4) Wholesale/resellers
accounts with 3 consecutive late payments after the 1st day of the month of any
given billing period will be required to pay a deposit for the same monthly
rate. (Deposit will be returned to you up to 30 days after your last day of
service)
5) Wholesale/resellers dialup
accounts are pre-pay; you must have funds on account to setup new dialup
accounts.
In order to restore a wholesale/resellers account in default
the reseller must become current on their past due and current billing period(s)
and pay a $60 reconnect fee before service will be restored. Service
interruption is considered in default. Continuous account defaults will result
in the permanent loss of wholesale/resellers status.
Deleted Accounts
In the event of a lost (Deleted
Account(s)) from the wholesale/resellers, and you need us to deleted that
Account. The wholesale/resellers are to send an Email to us stating which
Account(s) are to be deleted. A phone call WILL NOT work; we will call you to
verify the Deleted Account. If the Owner/Client of a Deleted Domain wants Surfs
Global to host the Web Site we will transfer that Domain Name to our Name Server
Names and IP's after the account has been deleted. We may contact the owner of
the Deleted Domain after the Domain has been deleted and/or at the end of the
billing term. We have the right to host any Domain Name after it is Deleted from
our Servers or starting at the end of the Term.
Bandwidth
Usage
We provide generous amounts of
Bandwidth for the Domain Names hosted on our servers. Bandwidth is calculated by
the full amount of traffic coming in to and going out of our servers. Domain
traffic is incoming and outgoing of any website file, emails, and any other
transmission from/to the web space. We give all Domain Names 1GB of Bandwidth
per any given month.
Bandwidth
Overages
You
are entirely responsible to monitor your domain(s) bandwidth usage via the tools
SGI provides in your Plesk interface. If we find your domain(s) using excessive
bandwidth you will be billed for bandwidth overage as follows;$5.00/GB
per month over the 1GB limit, bandwidth overages must be paid within 5 days from
the invoice due date to avoid interruption of service.If your domain(s) consistently exceeds
more than 5GB per month the domain(s) must be moved to a dedicated server or
moved off our network entirely.
Disk
Space Overages
We limit each Domain Name to a set
amount of disk space for the expressed intent to serve web documents. This is
not intended for an offsite storage area for electronic files. All web pages
must be linked with existing files and graphics stored on SGI‘s servers. Hosting
accounts found to contain either no HTML documents or large numbers of unlinked
files are subject to warning, suspension, or cancellation at the discretion of
SGI management. Any Customer violating these policies relating to space abuse
will be given 24 hours to remedy the issues to avoid billing for overages.
If a
domain needs more Disc Space the amount is$5/month per 200MB disc
space.
Web Design and
Development
Custom web design and
development must paid 50% of design quote at contract signing, development will
begin once the initial payment is made, and the remaining 50% of total web
design due and payable at final upload, except when a payment plan has been
authorized.
Custom web designs
generally take from 2 – 6 weeks. It is the Customer’s responsibility to provide
all text, images, etc… to go into their website in a timely manner. If the
Customer does not provide the needed material for us to complete your project by
the due date the final invoice will be due and payable and you may be charged an
additional monthly standby fee. Web designs unpaid net 10 days from the final
invoice will be considered late and will accrue a 5% late fee, unpaid net 30
days will be considered in default and all files will be removed from the
customer's domain until final payment has been made plus a $65 re-upload fee.
Unpaid net 60 days will result in collection proceedings.
Copyright to the finished assembled work of WebPages and/or software produced by Surfs Global is owned by Surfs Global. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and software developed by Surfs Global and contained in the finished assembled work. Rights to photos, graphics, source code, work-up files, and software are specifically not transferred to the client, and remain the property of their respective owners. Surfs Global and its subcontractors copyright marks must be retained in small print at the bottom of all WebPages and software developed by Surfs Global.
Surfs Global and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
Product sales
All Products, Computer Upgrades
and Hourly Labor must be paid at time of order, delivery, service or pickup,
except when a payment plan has been authorized.
Support
All customers must submit the online
HelpTicket located in your SGI client login area for all support issues with the
exception you are not able to get online via your SGI Internet Access account.
If you are able to get online you must complete a HelpTicket. If you call for
support you must have your help ticket number ready to provide our staff, unless
you cannot access the Internet via your SGI Internet Access account.
If you are able to get online and you
call for support before submitting a HelpTicket our staff will instruct you to
complete the help ticket before calling.
Spamming
Spamming includes, but is not limited to; the bulk
sending of unsolicited messages, or the sending of unsolicited e-mails which
provoke complaints from recipients; the sending of junk mail, the use of
distribution lists that include people who have not given specific permission to
be included in such distribution process, e-mail harassment of another Internet
user or users, including but not limited to, transmitting any threatening,
libelous or obscene material, or material of any nature which could be deemed to
be offensive, and the e-mailing of age- inappropriate communications or content
to anyone under the age of 18. Engaging in the practice of sending unsolicited
electronic messages may result in termination of the offender's account and/or
access to SGI Network services.
Surfs Global reserves the right to
determine, in its sole discretion, whether the customer in violation was
willingly participating in the act of spamming. If Surfs Global, the SGI
Network, it's providers or affiliates receive any abuse reports for a customer
or determine the customer to be in violation of this policy that customer's SGI
account will be immediately and permanently terminated without notice and in
such violation of the service will not receive a refund for any time left on the
offenders account if any. Additionally the Customer retains full responsibility
for any monetary damages to Surfs Global its subsidiaries, providers or
affiliates incurred as a direct consequence of the violation by that customer
and the customer will be held responsible to the fullest extent of the governing
laws of the respective jurisdictions and/or the state of
Illinois
Illegal
Activities
Customers shall not use Surfs Global's Service in a manner,
which violates any city, state, national or international law or regulation, or
which fails to comply with accepted Internet protocol.
Customers shall
not attempt to interfere in anyway with Surfs Global networks or network
security, or attempt to use the Surfs Global Service to gain unauthorized access
to any other computer system. Customers shall not interfere in anyway with
another Customers use of the Surfs Global Service.
Intellectual
Property Rights
Any violation of any person's intellectual property
rights, rights of privacy, rights of publicity or other personal rights is
prohibited. Surfs Global is required by law to remove or block access to content
appearing on or through the Services upon receipt of proper notice of copyright
infringement (see "Copyright Infringement Notice Information"
below).
Misrepresentation of Transmission Information
Forging,
misrepresenting, omitting, or deleting message headers, return mailing
information and/or Internet protocol addresses to conceal or misidentify the
origin of a message is prohibited.
Viruses and Other Destructive
Activities
Use of the Services for creating or sending Internet viruses,
worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in
denial of service attacks is prohibited. It is also prohibited for any Customer
to engage in other activity that is intended to disrupt or interfere with, or
that results in the disruption of or interference with, the ability of others to
effectively use the Services (or any connected network, system, service or
equipment) or conduct their business over the
Internet.
Hacking
"Hacking" and related activities is
prohibited. "Hacking" includes, but is not limited to, the following activities:
illegally or without authorization, accessing computers, accounts or networks,
penetrating or attempting to penetrate security measures, port scans, stealth
scans, and other activities designed to assist in hacking.
Export
Control Violations
the exportation of encryption software outside of the
and/or violations of
United
States law relating to the exportation of
software is prohibited.
Pornography
The use of the Services to
store, post, display, transmit, advertise or otherwise make available any type
of pornography is strictly prohibited. Surfs Global and/or the SGI Network will
immediately delete any website on the service posting material of this nature.
Surfs Global is required by law, and will, notify law enforcement agencies when
it becomes aware of the presence of child pornography on, or being transmitted
through, the Service.
Other Illegal Activities
the use of the
Services to engage in any activities that are determined by Surfs Global, in its
sole and absolute discretion, to be illegal is prohibited. Such illegal
activities include, but are not limited to, storing, posting, displaying,
transmitting or otherwise making available ponzi or pyramid schemes,
fraudulently charging credit cards or displaying credit card information of
third parties without their consent, and failure to comply with applicable
on-line privacy laws. Surfs Global will cooperate fully with appropriate law
enforcement agencies in connection with any and all illegal activities occurring
on or through the Services.
Obscene, Defamatory, Abusive or
Threatening Language
Use of the Services determined by Surfs Global, in
its sole discretion, to store, post, transmit, display or otherwise make
available obscene, defamatory, harassing, abusive or threatening language is
prohibited.
Other Activities
Engaging in any activity that, in
Surfs Global's sole discretion, disrupts, interferes with or is harmful to (or
threatens to disrupt, interfere with, or be harmful to) the Services, Surfs
Global's business, operations, reputation, goodwill, customers and/or customer
relations, or the ability of Surfs Global's customers to effectively use the
Services is prohibited. Such prohibited activities include making available any
program, product or service that is designed to or could be used to violate this
TOS Policy. In addition, the failure by a Customer to cooperate with Surfs
Global or the SGI Network in correcting or preventing violations of this TOS
Policy by, or that result from the activity of, a customer of the User is a
violation of the TOS Policy.
In general, Surfs Global does not monitor
its customers' websites or activities to determine whether they are in
compliance with this Usage Policy. However, when Surfs Global becomes aware of
any violation of the TOS Policy or its User Agreement, Surfs Global may take any
action to stop or correct such violation, including, but not limited to,
shutting down a website, denying access to the Services or to the Internet,
and/or removing information. In addition, Surfs Global may take action against a
user or a customer of such User because of the activities of such customer.
Surfs Global reserves the right to take any such action even though such action
may affect other customers of the User.
Surfs Global may disclose any
information in its possession, including, without limitation, information about
Subscribers, internet transmissions and website activity in order to comply with
a court order, subpoena, summons, discovery request, warrant, statute,
regulation or governmental request, to protect Surfs Global or others from harm,
and/or to ensure the proper operation of the Services. Surfs Global has no
obligation to notify any person, including the Subscriber about whom information
is sought, that Surfs Global has provided the information.
Copyright
Notice Infringement Information
In accordance with the Digital Millennium
Copyright Act, Surfs Global has adopted a policy that provides for termination
of websites hosted by Surfs Global that are found to infringe on copyrights of
third parties. If a copyright holder believes that there has been a violation of
his or her copyright on a website that is hosted by Surfs Global or its
subsidiaries, and the copyright holder wants Surfs Global to remove the website
or disable the material in question, Surfs Global will remove the website or
disable the material if the copyright holder provides us with all of the
following information: A signature of a person authorized to act on behalf of
the owner of the exclusive right that is allegedly infringed. Identification of
the copyrighted work that is claimed is being infringed, or, in the case of
claimed infringement of multiple copyrighted works, a representative list of
such works.
Identification of the material that is claimed to be
infringing or is the subject of infringing activity and that should be removed
or access to which should be disabled, with information reasonably sufficient to
permit us to locate the material.
A statement that the person giving the
notification has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and
under penalty of perjury, that the person giving the notification is authorized
to act on behalf of the owner of the exclusive right that is allegedly
infringed.
Privacy
We may collect some personally identifiable information about you when you are at any of our sites. Surfs Global may also include information about your visit in collective or aggregated data that does not identify you specifically. Surfs Global is very concerned about privacy and guards your data carefully.
Surfs Global currently does not disclose or sell any personally identifiable information collected at this site to other companies or organizations. In the future, should Surfs Global decide to share its customers personal or transactional data with third parties, it will, in advance, provide notification and the opportunity for its users to indicate whether they would prefer the company not provide the information to third parties.
Our server recognizes your IP address and/or domain name and the pages that you visit. This data is gathered in an aggregate manner for quality control and improvement of our site. We collect your E-mail address when you send E-mail to us so that we can respond to your inquiry. We collect information that you volunteer to us on surveys and registration sites. From time to time Surfs Global may send you information about related products and services. Additionally, internal practices help protect your privacy by limiting employee access to and use of customer data.
At any time you may view and/or update your registered information please use the Help Ticket in your Control Panel's Help Desk section to request changes or updates to your registration.
All member email addresses, passwords and user names will be kept private and will never be given out.
Please keep in mind that whenever you voluntarily disclose personal information online - for example on your website, in message boards, through email, or in chat areas - that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you're online.
Policy Changes
Surfs Global has all policies and
terms of service posted on this site at all times. We reserve the right to make
changes to our policies at anytime. Although Surfs Global does provide customers
with reasonable notification of policy changes it is not obligated to do so and
such notifications may not always be received by the customer due to
circumstances outside of our control, therefore it is each customer's
responsibility to stay informed of new policy changes by visiting this page
periodically.
Entire Agreement:
This agreement constitutes the
entire agreement between you and Surfs Global, Inc... Any oral statements made
by a representative of Surfs Global Inc. relating to the product or service
shall not be a basis for any WARRANTIES or GUARANTEES of any kind.
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