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 The Terms and Conditions (“TOS”) sets forth the regulations and documents all information for the customer (“you, "customer", "the customer”, ”he”, ”she”, ”user”) and creates a binding agreement between 52 Solutions (“52 Solutions”, ”we”, "company", "the company”) and the customer.
The TOS contains the following important sections:
(i) Security & Liability
(ii) Accounts Receivable
(iii) Service Level Agreement
This document is to be READ and RETAINED so that you may refer to it whenever needed or if there is a question regarding our services and/or policies.
This document is active throughout the life of the customer’s account regardless of any changes that may be made throughout the time the customer is still using our services.
This contract supersedes any previous TOS or any other separate agreement that may be consolidated from here within.
Accounts Receivable / Billing
Billing services and accounts payable are handled by the 52 Solutions billing department. All customers upon signup of service should understand the following:
- All of 52 Solutions new web hosting client will sign up for a year term.
Delinquency
52 Solutions maintains a strict policy towards delinquent accounts. The 52 Solutions billing department will take several steps to correct and collect any accounts past due by three days or more.
If 52 Solution is unable to collect hosting fees from the user’s seven (7) days, a notice of suspension will be sent to the user followed by an immediate suspension of the customer’s account and access to support services.
Repeat infractions regarding payment will result in measures by our billing department to collect (2) two years in advance for hosting services.
Account Cancellation
In order to maintain a high quality of service to its clients, 52 Solutions has provisioned and maintained a specific set of rules and regulations in order to successfully cancel service with the company.
Customers from abroad are required to send in a receipt received from billing from their very first and very last charge by 52 Solutions invoice(s)
Disclosure and Cooperation with Law Enforcement
52 Solution with or without prior notice to the customer may:
- Provide any information regarding the customer in response to any formal request by law enforcement, other government agency or court order.
- Disclose any phone recordings, chat logs, emails inclusive of their respective headers, assigned IP numbers or any evidence proving or disproving active communication by the customer.
Abuse & Internet Security
In an effort to maintain a quality network, 52 Solutions has implemented specific policies regarding the type of content allowed to be hosted on our network. These policies apply to all types of accounts.
Customers may not engage in illegal, irresponsible, abusive and/or otherwise deemed harmful activities including but not limited to:
- Utilizing our generous alottment of diskspace for purpose of "backup space" for another server.
- Utilizing our generous alottment of diskspace for purpose of "file distribution", unless all files are legally owned by the service subscriber (such as in the case of a software firm).
- Utilizing 52 Solutions servers for running a free (for the masses) e-mail service is considered unacceptable due to the SPAM issues that come with the mentioned activity.
- Any form of copyrighted materials where the copyright is not owned by the service subscriber.
- The hosting of pirated software (warez) or any other form of unauthorized data access.
- The use of software that may compromise or otherwise cause any reason to alarm other networks, including tcp probes, vulnerability scanning of remote computers, address spoofing, “phishing” or any other activity that will be deemed a threat to other service providers, personal users and corporations.
- The use of software that may compromise or otherwise cause any reason for alarm to the 52 Solutions network, its hardware and family of other services.
- The forgery of any TCP/IP packet in an effort to undermine 52 Solutions servers, remote servers or otherwise.
- Any misconduct that may cause alarm to government agencies, legal and electronic retaliation upon the network owned by 52 Solutions, its servers or other devices connected to the Internet.
- SSH access is strictly on a case by case basis, the company will ask you for photo-ID should you require it and a reason for requesting it as well.
The security department at 52 Solutions remains diligent in tracking suspicious activity throughout our network. In the case of any infringement of security caused by one of 52 Solutions customers, the company will conduct a proper and thorough investigation and cooperate with local, state and federal authorities to prosecute and/or convict any violators.
Security & Liability
Although 52 Solutions provides managed hosting services to all of its users, it is up to the responsibility of the user to ensure that he/she takes reasonable precautionary measures to protect his/her files, content, property or other non-tangible assets hosted on the 52 Solutions network. The user is solely responsible for any security breaches of his/her account, dedicated server, collocated server or other device connected to the Internet.
If a device is deemed to be causing considerable damage to the 52 Solutions network, the company may take measures such as rate limiting, port blocking or even removing the device from the network altogether with or without the consent of the customer.
Responsibility of Content
The customer is solely responsible for the content hosted within his/her web space and/or dedicated server. 52 Solutions is not responsible for any inflammatory and discriminatory remarks made by its users within their web space. The company will also comply with any authorities in providing evidence of any case that involves the customer and any or all criminal proceedings thereafter.
Chat Rooms, Newsgroups and Bulletin Boards
It is up to the responsibility of the user to maintain the integrity of his/her chat room, newsgroup or bulletin board. 52 Solutions takes no responsibility for the postings or actions made on and during these mediums of cyber communications. The customer who runs any of these communication mediums is responsible for complying with any rules and regulations set forth by their software vendors, USENET, IRC and any rules set forth by 52 Solutions in accordance with our policies regarding abuse and law enforcement.
Circumvention of Limits
52 Solutions places emphasis on the limitations it applies to each account. These limitations have valid reasons to protect the server, accounts on the server as well as the account purchased directly by the user. However, in some instances a user may try to circumvent such limitations on their service by whatever software means available. The circumvention of these limitations is against our policy, any all accounts found doing this will be terminated immediately. No questions asked and no refunds.
Miscellaneous
It is the customer’s responsibility to provide 52 Solution with up-to-date and accurate contact information. This information will be stored in our database and kept for primarily emergency contact purposes, billing notices, service interruption announcements, etc. The customer can and will be contacted by the company for any reasons deemed necessary.
Any waivers initiated by 52 Solution may not be transferred, operate or otherwise be construed to continue any waiver initiated prior to the last or combined with the waiver of any other company outside of 52 Solutions.
The customer may not use this document in accordance with any other document provided by 52 Solutions unless explicitly stated by the company. The company reserves the right to remove the rights and protections outlined in this contract at any time without the customer’s consent or other further obligation.
52 Solutions does not allow the hosting of adult content on it's network.
52 Solutions will not take responsibility for any damages the customer’s business may suffer.
52 Solutions does not express or imply any warranties of its hardware or services and denies any warranty or merchantability for any specific purpose. This includes but is not limited to data loss, delays in service, non-service, wrong delivery or any other kind of service interruptions caused directly or indirectly by 52 Solutions.
52 Solutions reserves the right to ask each and every customer for purpose of usage and identification documents if shell (or jailshell) access is requested by the customer.
Amendments to the TOS
With the continuing rapid growth of the Internet, new security procedures and various new technologies evolving, 52 Solution must make preliminary provisions to allow for the modification of the Terms of Service (TOS) from time to time. These modifications may impose or relax certain restrictions on the customer. These modifications can and will be made without the consent of the customer.
It is the customer’s responsibility to keep up with the changes of the terms of Service.
Denial of Service
We reserve to the right to refuse service to anyone at any time for any reason.
Zero Liability
52 Solutions makes no warranty claims on service nor assumes liability for any damages to your website, company, data or miscellanea for hosting with us. The security of your website is solely your responsibility and 52 Solutions will not be held responsible incase of your website being compromised (although we take every measure possible to keep our servers 100% secure). Any losses incurred resulting from hosting with us are solely your liability, there are no warranties either express or written. Service specification is subject to change at any time without prior notice. |
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