52Solutions.com Terms Of Service:
 
52 Solutions terms of service applies to all content, domains and clients within the 52 Solutions network.
 
Ordering
Please read the following Terms Of Service agreement before proceeding, then continue ordering. These policies are designed to protect the best interests of our customers as a whole.  52 Solutions’ policy is to act as a neutral provider of access to the global Internet. We reserve the right to suspend or cancel a customer's access to any or all services provided by us if it is decided that the account has been inappropriately used. 

All shared hosting services are intended for the end user only and may not be subleased, sold or given to third parties. Any products and services to be provided to Client will be at a professional level of quality conforming to generally accepted industry standards and in compliance in all material respect with all applicable laws and regulations. Except as otherwise expressly provided in this agreement, 52 Solutions does not make, and hereby disclaims any and all other warranties, expressed or implied including any and all warranties of merchantability or fitness for a particular purpose.

Clients are responsible for frequently backing up their files on our system. 52 Solutions cannot be held responsible for the deletion of users' files, whether intentional or unintentional.
 
Authorization of Charges
52 Solutions will bill for services rendered which are due within seven (7) days. Client authorizes 52 Solutions to charge credit card supplied by Client if stored with in our billing system.  Paypal or check/money orders are also accepted if client chooses not to store a credit card.

52 Solutions may discontinue service for failure to make payment for initial fees or for any re-occurring fees thereafter.  52 Solutions reserves the right to refuse, suspend, or cancel service pending receipt of a valid payment.
 
Content Restrictions
All services provided by 52 Solutions may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States federal, state, or local law is strictly prohibited. This includes but is not limited to copyrighted or trademarked material and material protected by trade secret.

Warez Policy: Actual files, including but not limited to pirated software, hacker programs, cracks, and MP3 files, are strictly prohibited from being stored on any 52 Solutions servers.

Examples of unacceptable content include, but are not limited to the following:

Pirated software, Hacker programs or archives, illegal MP3 files or archives.
IRC servers are strictly prohibited. 
Image hosting is strictly prohibited.

52 Solutions reserves the right to remove any material from Client's web space that is reasonably deemed unacceptable by us.

52 Solutions reserves the right to terminate Client's account without refund at our discretion if said material is discovered. 

52 Solutions is the sole arbiter as to what constitutes a violation of the above provisions.

3.b is only applicable to virtual hosting and reseller accounts. No site may use more than 15% of the total server output at any given time.

Adult Sites (pornographic) are prohibited on shared/virtual hosting and shared/reseller accounts. 

Mailing Lists with over 2,000 members are prohibited on shared/virtual hosting and shared/reseller accounts. 

Web Based forums with over 2,000 members are prohibited on shared/virtual hosting and shared/reseller accounts.

52 Solutions reserves the right to suspend any client which violates section 3 of our Terms Of Service.
 
CGI / PHP Application Restrictions
This section is only applicable to virtual hosting and reseller accounts. The Client is allowed to freely install CGI/PHP applications; however, 52 Solutions reserves the right to disable any application that unreasonably effects or interferes with normal server operations. Said situation is highly unlikely.
 

Spam Policy
52 Solutions servers may not be the source, intermediary, or destination address involved in the transmission of Spam, Spam ware and other Spam Software or misuse of SMTP. Client's domain or IP may not be referenced as originator, intermediary, or reply-to address in any of the above.

52 Solutions considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail.
The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without refund of any kind. Furthermore, a fine of one-hundred (100) US dollars will be imposed for each spam policy violation. 52 Solutions is the sole arbiter as to what constitutes a violation of the above provisions.
 
Server Abuse
Any attempt to undermine or cause harm to a 52 Solutions server or another 52 Solutions Client is strictly prohibited.

Any attempt to undermine any 52 Solutions web site or a web site of another 52 Solutions Client is strictly prohibited and may result in immediate termination of services rendered by 52 Solutions without refund.

52 Solutions is the sole arbiter as to what constitutes a violation of the above provisions.  A fine of two-hundred (200) USD may be implemented for intentional server abuse.
 
Indemnification
Client agrees that it will defend, indemnify, and hold harmless 52 Solutions from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against 52 Solutions, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.

The Client agrees that it will defend, indemnify, and hold harmless 52 Solutions against any liabilities, including but not limited to, those arising out of (1) any injury to person or property caused by any product sold or service rendered or otherwise distributed in connection with 52 Solutions servers; (2) any material supplied by the Client infringing upon or allegedly infringing upon the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products sold to the Client's customer from 52 Solutions’ servers.

52 Solutions assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.
 
Disclaimer
52 Solutions will not be held responsible for any damages you or your business may suffer. 52 Solutions makes no warranties of any kind, expressed or implied, for services rendered. 52 Solutions disclaims any warranty or merchantability or fitness for a particular purpose.  52 Solutions assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure.
52 Solutions will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from 52 Solutions.
 
Term
The term of this Agreement will continue until a notice of cancellation by 52 Solutions or Client is given, or until terminated under other provisions of this Agreement. 52 Solutions reserves the right to terminate this Agreement with cause upon notification to the Client. 52 Solutions may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by 52 Solutions to implement this Agreement is disrupted or terminated for any reason.

B
9.b is only applicable to Virtual Hosting Accounts. CLIENT may request 52 Solutions refunds money within 30 days after sign up has taken place. CLIENT will be refunded the full amount they have paid. If 30 days have passed a  CLIENT may cancel contract, however, CLIENT forfeits monies paid to 52 Solutions. CLIENT may cancel account with 52 Solutions and be removed from billing, thereby stopping all future charges.
 
C 
9.c is only applicable to Dedicated/Colocation and IP Transit accounts. Refunds will be issued to any order prior to service turn up at CLIENT's request. Refunds are not offered on Dedicated servers, colocation space or IP transit after service has started. 
 
D
These policies may be modified or changed by 52 Solutions. 52 Solutions will inform client of any major policy changes.
 
Presumption of Agreement
By signing up with 52 Solutions, be it using 52 Solutions online sign up form or contacting in any way an employee, officer, agent, and director with request for 52 Solutions to provide Client services, Client (1) authorizes 52 Solutions to take the actions necessary in order to setup Client's account, including charging credit card, if applicable, supplied by Client at time of sign up; and (2) agrees to each and every provision set forth in this Agreement and shall hold to said Agreement in the court of law.
 
Default
In the event Client defaults in any provision or fails to perform pursuant to this Agreement, 52 Solutions will be entitled to damages, costs, and attorney's fees from the Client.

Invalid or Non-enforceable Provisions
The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted. This agreement constitutes the entire agreement between the parties hereto.
 
Choice of Law / Venue
This Agreement will be construed and enforced in accordance with the laws of the State of NV and the venue for any action, dispute or proceeding with respect to this Agreement will be NV.
 
Email / Mailing List Policy
Server's which are for mailing only are disallowed on 52 Solutions network. A mailing only server is defined as a dedicated/collocated server whose primary purpose is sending email over SMTP.

52 Solutions’ network is monitored through multiple feedback loops and may terminate, without prior warning, a server which has a high complaint ratio including servers that may be CAN-SPAM compliant.  Running a single opt in, opt out only, or any other non-double opt in mailing list will result in server termination.
 
 
1) Mailing lists must be double opt in lists.

2) Messages must have clear removal instructions and valid headers.

3) Removal requests must be completed within 24 hours.

4) Messages must include details on how the user subscribed. These details must be provided to 52 Solutions on our request.
5) Excessive complaints may result in account termination.

6) 52 Solutions reserves the right to charge $100 fee for IPs which are blacklisted due to failing to adhere to 52 Solutions policies.

7) Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at: http://www.spamhaus.org will result in immediate account termination.
 
Abuse Complaints
All abuse complaints must be responded to no later than 48 hours after the complaint is made. Failure to reply may result in account termination. 52 Solutions reserves the right to remove files which do not adhere to our terms of service, local, state, or federal laws.