Acceptance of Contractual Agreement
Use of Silicon Valley Web Hosting’s Service constitutes acceptance and agreement to Silicon Valley Web Hosting’s AUP (Acceptable Use Policy) as well as Silicon Valley Web Hosting’s T&C (Terms and Conditions). From herewith in this T&C, AUP, and SLA, the usage of “us”, “we”, “our”, and “ours” shall constitute reference to Silicon Valley Web Hosting LLC, and the usage of “you”, “your”, “they”, and “them” shall refer to client / customer of Silicon Valley Web Hosting LLC.
Silicon Valley Web Hosting will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Invoices for the applicable Service Description. By using our service Customer acknowledges that the service and service fees have been communicated to the customer, and that he/she is aware of all applicable charges as per contract, AUP, SLA, and T&C. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.
All cancellation requests must be made no later than 30 days prior to the renewal date of the service. If this deadline is not met, payment will be required for the following term’s service. Confirmation receipt of cancellation will be sent within 24 hours. Please make sure to receive written confirmation from us that your account has been canceled to avoid continuing service charges. You are responsible for all charges through the date of your cancellation – including any and all usage charges.
Account Cancellations should be processed via
Silicon Valley Web Hosting LLC Attn: Cancellations P.O. Box 9304, San Jose, CA 95157
Refunds and Disputes
No refunds will be given for unused services remaining on pre-paid service terms for dedicated servers, shared, virtual dedicated, or colocation packages. All billing disputes must be reported to within 30 days of the time the dispute occurred.
Establishment of this service is dependent upon receipt by Silicon Valley Web Hosting LLC of payment of stated charges. Subsequent payments are due on or before the 1st of each calendar month, unless services is already prepaid for a quarterly or annual term. The acceptable methods of payment are credit card (Visa, MasterCard, American Express, and Discover), PayPal, or Wire Transfer. Customers are responsible for any additional transaction fees that coincide with any payment methods. All payments should be made in a manner that guarantees payment is received by Silicon Valley Web Hosting LLC by the due date of the invoice.
The Company reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the customer’s services or their entire account with The Company.
Payment for services must be received by The Company prior to the end of the 3 day grace period allowed for services, or service suspension could result.
Silicon Valley Web Hosting LLC does not utilize paper or hard-copy invoices. All invoices are sent via email. Billing cycles and usage fees are based on the UTC Time Zone.
Payments and Fees
Service will be interrupted on accounts that reach past due. All services must be prepaid. Payments received after the due date, in which services are rendered, are subject to a $50 late fee. Service interrupted for any reason including nonpayment, abuse, or requested cancellation is subject to a $100.00 reconnect charge. Accounts that are not collectible by Silicon Valley Web Hosting LLC will be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than $50 nor more than $150.
Refund and Disputes
All payments after the initial 30 days of service to Silicon Valley Web Hosting LLC are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Silicon Valley Web Hosting LLC’s sole discretion is a valid charge under the provisions of the TAC and/or AUP, you agree to pay Silicon Valley Web Hosting LLC an “Administrative Fee” of not less than $50 and not more than $150. Subscription PayPal payments that are not canceled at the time of your Silicon Valley Web Hosting cancellation will be refunded less any fees and the subscription payment will be canceled by the Company.
Failure to Pay
The Company may deny service or terminate the Agreement upon the failure of the Client to pay charges when due. The Client is responsible for paying Silicon Valley Web Hosting’s reasonable costs of collection, including attorney fees and court costs. Silicon Valley Web Hosting may charge interest on late payments at 1.5% per month (or the maximum legal rate if it is less than 1.5%). If any payment is overdue by more than thirty (30) days, and Silicon Valley Web Hosting brings a legal action to collect, or engages a collection agency, you must also pay SVWH’s reasonable costs of collection, including attorney fees and court costs. All fees will be charged in US Dollars. Any “credit” that we may owe you, such as a credit for failure to meet a service level guarantee, will be applied to fees due from you for services, and will not be paid to you as a refund. Charges that are not disputed within thirty (30) days of the date charged are deemed to be accurate.
If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full and interest and late fees are paid. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. The Company reserves the right to keep a service deactivated until funds paid via check have cleared.
Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of The Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that The Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of The Company. Client further acknowledges that The Company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall The Company be liable for any special or consequential damages, loss, or injury.
Silicon Valley Web Hosting LLC, provides 24/7 technical support to our Clients. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Silicon Valley Web Hosting LLC provides support related to your server or functioning.
Silicon Valley Web Hosting LLC does not offer tech support for application specific issues such as CGI programming, Cold Fusion, ASP, .NET , PHP, MySQL, Microsoft SQL or any other programming/database application. Silicon Valley Web Hosting LLC does not provide technical support for YOUR Clients.
Silicon Valley Web Hosting LLC partners with a number of software companies and acts as the front line of support for these products. Silicon Valley Web Hosting LLC will provide best effort support for applications but does not warrant bug fixes or advanced problem resolution of these products. Escalation of such issues the companies that have programmed the software are subject to the standard $150.00 per hour rate which includes the total amount of time spent. Resolution of bugs and advanced support issues is dependent upon the developers of the software.
Any request of technical support warrants the possibility of being charge a system administration fee if the request related to Operating System functionality, software application functionality, or Control Panel functionality. If a staff member of Silicon Valley Web Hosting LLC is required to login to your server for over 15 minutes and provide support, system administration fees can be applied to your account.
Silicon Valley Web Hosting LLC colocation customers will keep in full force and effect during the term of this T&C: (1) commercial general liability insurance; (2) where applicable, worker’s compensation insurance as required by law; and (3) business property insurance covering your equipment in the amount of its replacement value.
We are not liable for damage to, or loss of any of your equipment resulting from any cause, other than our gross negligence or willful misconduct and then only in an amount not to exceed the replacement value of the damaged equipment.
SPAM and Unsolicited Commercial Email (UCE)
Silicon Valley Web Hosting LLC takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Clients of Silicon Valley Web Hosting LLC may not use or permit others to use our network to transact in UCE. Clients of Silicon Valley Web Hosting LLC may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service
Violation of Silicon Valley Web Hosting LLC’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Silicon Valley Web Hosting LLC will initiate an immediate investigation (within 48 hours of notification). During the investigation, Silicon Valley Web Hosting LLC may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Silicon Valley Web Hosting LLC may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Silicon Valley Web Hosting LLC reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Silicon Valley Web Hosting LLC will notify law enforcement officials if the violation is believed to be a criminal offense
First violations of this policy will result in an “Administrative Fee” of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $175 per hour that Silicon Valley Web Hosting LLC personnel must spend to investigate the matter. Please, do not SPAM from your account.
As our Clients are ultimately responsible for the actions of their clients over the Silicon Valley Web Hosting LLC network, it is advisable that Clients develop a similar, or stricter, policy for their clients.
IP Address Ownership
If Silicon Valley Web Hosting LLC assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to Silicon Valley Web Hosting LLC, and Customer shall have no right to use that Internet Protocol address except as permitted by Silicon Valley Web Hosting LLC in its sole discretion in connection with the Services, during the term of this Agreement. Silicon Valley Web Hosting LLC shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Silicon Valley Web Hosting LLC, and Silicon Valley Web Hosting LLC reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you must use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Customer agrees that bandwidth that exceeds the given rate on a monthly basis will pay an “overage” as detailed on the Silicon Valley Web Hosting LLC website. Silicon Valley Web Hosting LLC will monitor Customer’s bandwidth via switch port traffic counters. Silicon Valley Web Hosting LLC shall have the right to take corrective action if Customer’s bandwidth is excessive and interrupts service for other customers. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Silicon Valley Web Hosting LLC’s sole and absolute discretion. If Silicon Valley Web Hosting LLC takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Silicon Valley Web Hosting LLC may, at its sole discretion, collect a deposit, in an amount determined by Silicon Valley Web Hosting LLC, against customer’s credit card on file with Silicon Valley Web Hosting LLC
System and Network Security
Users are prohibited from violating or attempting to violate the security of the Silicon Valley Web Hosting LLC Network. Violations of system or network security may result in civil or criminal liability. Silicon Valley Web Hosting LLC will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation: Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing” Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting Taking any action in order to obtain services to which such User is not entitled. Addition of IP addresses that have not been specifically assigned to the server
Notification of Violation
Silicon Valley Web Hosting LLC is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
Any User, which Silicon Valley Web Hosting LLC determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Silicon Valley Web Hosting LLC’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
Users that Silicon Valley Web Hosting LLC determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
Suspension of Service or Cancellation
Silicon Valley Web Hosting LLC reserves the right to suspend network access to any customer if in the judgment of the Silicon Valley Web Hosting LLC network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Silicon Valley Web Hosting LLC chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.
Silicon Valley Web Hosting LLC wishes to emphasize that in agreeing to the Silicon Valley Web Hosting LLC Acceptable Use Policy (AUP) and Terms and Conditions (T&C), customer indemnifies Silicon Valley Web Hosting LLC for any violation of the Acceptable Use Policy (AUP) and Terms and Conditions (T&C) that results in loss to Silicon Valley Web Hosting LLC or the bringing of any claim against Silicon Valley Web Hosting LLC by any third-party. This means that if Silicon Valley Web Hosting LLC is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Silicon Valley Web Hosting LLC, plus all costs and attorney’s fees.
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by Client shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Client shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Client. Company reserves right to cancel Clients rights under this contract at anytime without further obligation
Silicon Valley Web Hosting LLC takes no responsibility for any material input by others and not posted to the Silicon Valley Web Hosting LLC Network by Silicon Valley Web Hosting LLC. Silicon Valley Web Hosting LLC is not responsible for the content of any other websites linked to the Silicon Valley Web Hosting LLC Network; links are provided as Internet navigation tools only. Silicon Valley Web Hosting LLC disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
Silicon Valley Web Hosting LLC is not responsible for any damages your business may suffer. Silicon Valley Web Hosting LLC does not make implied or written warranties for any of our services. Silicon Valley Web Hosting LLC denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Silicon Valley Web Hosting LLC.
Responsibility for Content: The Client as Silicon Valley Web Hosting LLC’s customer, are solely responsible for the content stored on and served by your Silicon Valley Web Hosting LLC server.
Silicon Valley Web Hosting LLC has the right to enter into this Agreement and to grant the rights granted in it.
Silicon Valley Web Hosting LLC shall, in good faith, comply with the terms of this Agreement.
The goods and services provided by Silicon Valley Web Hosting LLC are provided “AS IS”, WITHOUT WARRANTY OF ANY KIND TO CLIENT OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4)QUALITY; 5) NON-INFRINGEMENT; 6) QUIET ENJOYMENT; AND 8) TITLE.
CLIENT AGREES THAT ANY EFFORTS BY Silicon Valley Web Hosting LLC TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY Silicon Valley Web Hosting LLC WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. CLIENT FURTHER AGREES THAT Silicon Valley Web Hosting LLC SHALL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF Silicon Valley Web Hosting LLC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. MODIFICATIONS MADE TO CLIENT’S WEB SITE BY CLIENT OR ANY THIRD PARTY VOIDS ANY REMAINING EXPRESS OR IMPLIED WARRANTIES. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such jurisdictions, Silicon Valley Web Hosting LLC liability is limited to the greatest extent permitted by law.
The parties expressly recognize that Silicon Valley Web Hosting LLC does not operate, control or endorse any information, products or services on the Internet, and that any entities that do offer such information, products or services are not affiliated with Silicon Valley Web Hosting LLC. Silicon Valley Web Hosting LLC does not make any express or implied warranties, representations or endorsements TO CLIENT OR ANY THIRD PARTY whatsoever with regard to any information, products or services provided through Silicon Valley Web Hosting LLC AND OBTAINED OR CONTRACTED OVER the Internet, including, without limitation, warranties of: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON-INFRINGEMENT; 7) QUIET ENJOYMENT; AND 8) TITLE. Silicon Valley Web Hosting LLC shall not be liable to CLIENT OR ANY THIRD PARTY for any cost or damage arising either directly or indirectly from any transaction involving third parties’ information, products or services. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such jurisdictions, Silicon Valley Web Hosting LLC liability is limited to the greatest extent permitted by law.
The parties expressly recognize that Silicon Valley Web Hosting LLC cannot and does not guarantee or warrant that files available for downloading through Silicon Valley Web Hosting LLC will be free of infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Client agrees that it shall be solely responsible for implementing sufficient procedures to satisfy Client’s particular requirements for accuracy of data input and output, and for maintaining a means external to Silicon Valley Web Hosting LLC for the reconstruction of any lost data. The parties also expressly recognize that the Internet contains unedited materials, some of which are unlawful, indecent, or offensive to Client, and access to such materials by Client is done at Client’s sole risk.
This Agreement and all attachments or Exhibits supersede any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto. This Agreement may be amended or modified only in writing, and shall be effective only after affixation of both parties’ signatures.