Terms and Conditions
This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by Santa Clarita Web & IT (the "Services"). As used in this Agreement, "eSCV" means Santa Clarita Web & IT, and "Client", "you", or "your" means you. By clicking on the "Subscribe" or "Submit" button and sign up for services provides by Santa Clarita Web & IT, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the eSCV.com website. As referred to in this Agreement, "Site" refers to a World Wide Web site and "eSCV.com website" refers to the Site located at the URL eSCV.com, or any other successor Sites owned or maintained by Santa Clarita Web & IT.
1. ORDER VALIDITY
Client certifies that the information provided in the order form is accurate, and any payment instrument used is legitimate.
In the event that an order is submitted with stolen credit card data or falsified contact information, client agrees to pay a $1000 account handling fee PLUS all legal and investigative fees incurred by Santa Clarita Web & IT in tracking client's IP address to their internet provider and subsequent prosecution under civil and / or criminal law.
Santa Clarita Web & IT takes fraud very seriously, and reports all instances to the credit card processors, internet service providers, and the authorities.
2. APPROPRIATE USE OF THE SERVICES.
Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Santa Clarita Web & IT server in connection with Client's use of the Services which:
Client may occupy only the amount of disk space on the eSCV Server and utilize no more than the network bandwidth that is allotted by Santa Clarita Web & IT. Additional fees, specified on the hosting plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan. Multiple accounts which function as a single site may be charged fees as a single account if Santa Clarita Web & IT determines that the plans were ordered to avoid these excess charges.
NOTE: The bandwidth numbers available in the control panel only account for web (HTTP), email (POP) and FTP bandwidth. If you are using excessive SMTP or sendmail, your bandwidth numbers can be higher.
Client may not use excessive CPU resources. This ensures a fast server environment, and an equitable share of server function for all clients. Any script, streaming media, or downloads that use exceptionally high server resources (such as constant and extended mail server use) may have to be removed unless suitable arrangements are made with eSCV. While we will make every effort to work with the Client, Santa Clarita Web & IT reserves the right to immediately terminate any process and / or account that compromises the server's ability to deliver content for our clients.
Hosted applications such as "safelists" and paid-email programs that use exceptionally high resources by sending thousands of mail messages per day are subject to a surcharge as published on our site.
Client may not install or use an IRC bouncer, IRC bot or server program (such as psyBNC). Such program processes are automatically terminated by the server, and accounts running such utilities will be deleted.
Client may NOT resell space within their account. Each account is for the sole use of the Client. Evidence that space is being resold may be grounds for termination. This condition also applies to resellers...each resold client is expected to have their own account.
Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process or outside their suppported contract. Client also shall not engage in any unsolicited email practices at eSCV, or otherwise, that mentions or references any domain hosted on eSCV servers or parked on eSCV.com & eSCV.NET DNS servers. Violators will be fined $500 per email instance and subject to all costs associated with fighting banned emails or blocked emails to ISPs that have tagged your account or the eSCV.com network.
Licensed Software Only
Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
Client will have the ability to reinstate files which are automatically archived by eSCV; however, eSCV does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Backup capability is available through the Client’s Control Panel.
Clients can terminate their account at anytime with a two (2) week notice prior to their monthly billing cycle. Cancellations that are not received prior to this time will be subject to additional service fees for the next billing period. All cancellation requests for hosting, domain and services are subject to a $9.95 cancellation or preperation fee.
Clients agree that any website development, designed or implementation that bears the "powered by Santa Clarita Web & IT" or "developed by Santa Clarita Web & IT" tagline must stay on the footer and in the code of the website in perpetuity and may only be removed if the website is rebuilt or redesigned from scratch. Copyright laws protect our work and any removal of these taglines will be subject to warning then legal action if failure to meet these requirement.
3. PAYMENT OBLIGATIONS
In order to provide the best possible hosting value for our clients, we require clients to make timely payments.
For hosting: on of before the due date of each month, Santa Clarita Web & IT shall either (i) receive the scheduled fees from PayPal for the ongoing subscription, (ii) debit Client's credit card or U.S. bank account (where such information is provided by Client) or (iii) have delivered by e-mail or regular mail an invoice to Client, PayPal or otherwise, in accordance with the applicable Service fees for services rendered for the current month. Where an invoice is delivered to Client, Client shall remit payment to Santa Clarita Web & IT by no later than the payment due date specified on the invoice. While payment is generally due two days before account renewal date, Santa Clarita Web & IT reserves the right to adjust the due date on accounts with poor payment history or excessive collection activity. Payments that are not received on or before the due date will be considered late. Accounts more than 10-days past due are subject to suspension and a 10% late fee will be applied to the account. Accounts more than 30-days late may be termination. An account that has been suspended due to non-payment will be assessed a $35 re-activation fee. Any past due balance more than 30-days past due will be sent to collections with an additional 1.5%, componded, per month late fee or 18% per year, plus all collection fees and court fees.
If Client terminates this Agreement in accordance with Section 5 hereunder, Client shall be responsible for any outstanding fees owed to Santa Clarita Web & IT and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate following the due date of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid Santa Clarita Web & IT for such Services, refunds will be issued for any unused full month portions of the Services upon Clients request.
If Client chooses to register domain name(s) through eSCV, Client acknowledges and agrees that Client will pay the "at-cost" registration fee(s) to register the domain name(s) at the then-current retail rates with the applicable domain name registrar. Santa Clarita Web & IT does not offer refunds for domain name registrations for any reason, including misspelling of the domain name when provided to us. Santa Clarita Web & IT will apply a service charge of $20 to register each domain name on Client's behalf. If Client chooses to discontinue service within the first month, money-back guarantee does NOT apply to domain name(s), which remain the property of Client and may be transferred to another host, subject to our cancellation and transfer policy.
4. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall Santa Clarita Web & IT be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Santa Clarita Web & IT from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
5. TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section. Either party will have the right to terminate this Agreement upon notice to the other party. Failure of Client to remit payment is not sufficient notice for cancellation of service, and fees will continue to accrue until account deletion by eSCV or proper cancellation by Client. Client will be responsible for all fees until proper cancellation has been received.
All cancellations MUST be in the form of written notice either by mail, fax, email or support ticket. Verbal cancellations will not be accepted. Cancellations for monthly services can also be cancelled from within the Client Portal.
Sections 3-10 of this agreement shall survive termination or expiration of this Agreement. Reinstatement of accounts terminated by Santa Clarita Web & IT will be at Santa Clarita Web & IT' sole discretion.
Client will pay and indemnify and hold Santa Clarita Web & IT harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
7. DISCLAIMER OF WARRANTY
THE SERVICES, THE eSCV WEBSITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE eSCV WEBSITE AND HOSTING NETWORK, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. Santa Clarita Web & IT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Santa Clarita Web & IT SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL Santa Clarita Web & IT BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE eSCV SITE OR ANY Santa Clarita Web & IT' PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL Santa Clarita Web & IT' CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).
Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; (5) within one business day if sent by email.
Client agrees to keep Santa Clarita Web & IT updated on address or telephone changes, and maintain an accurate contact email address outside of client's domain.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Santa Clarita Web & IT. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it’s conflict of law rules. This Agreement and Santa Clarita Web & IT’ policies are subject to change by Santa Clarita Web & IT without notice. A copy of the most recent Agreement will be available on the eSCV.com website. Continued usage of the Services after a change to this Agreement by Santa Clarita Web & IT or after a new policy is implemented and posted on the eSCV.com website constitutes your acceptance of such change or policy. We encourage you to regularly check the eSCV.com website for any changes or additions.