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Surfs Global UK/SGI Network Terms of Service

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

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, yearly and 2 yearly 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.

Deposits
All new Internet Access customers will be required to pay a deposit for the amount of their monthly billing plus their first month of access at signup.

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 account in default. (see Defaulted Internet Access Acts)

 

 

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. Customer Accounts unpaid by the due date will incur a £2.00 or 3% late fee whichever is higher, unpaid net 5 days may receive a 10 day disconnect warning via email, unpaid net 20 days will be considered in default and  may be automatically disabled.

 

Late Dialup Accounts are subject to these terms: SGI Internet Access is a prepaid service, this means you must pay for your next service term before the first day of that service term.

Customer Accounts unpaid by the invoice due date will incur a £2.00 or 3% late fee which ever is higher, and may be automatically disabled, unpaid net 10 days will be considered in default and will be automatically disabled.

 

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. 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. 

 

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 Surfs Global 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 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 Mail Defense your email is scanned for virus and spam and will be filtered with our Mail Defense program deleting most viruses and 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 SOLELY RESPONSIBLE TO PROTECT YOUR COMPUTER. You should have an Anti-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 Acts
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 Acts
The Customer's deposit on file 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 Networks 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.

 

Payment by cheque
we welcome payments by Business or Personal cheques. If the cheque gets returned from the bank, your account(s) will be AUTOMATICALLY DISCONNECTED. A £25 cheque 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 cheque gets returned from the bank, we will not accept payments by cheque 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 Cheques are not accepted or honored without prior approval from Surfs Global
 

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.

 

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.

 

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 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 £20.00 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.

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


Illegal Activities
Customers shall not use Surfs Global 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.

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.

 

Computer Graphic and Photographic Material

Pictures are supplied to the Customer by way of loan only. No property or copyright in any pictures shall pass to the client whether on their submission or on Surfs Global Photography's grant of reproduction rights in respect thereof.

All computer and photographic material displayed on any paper media, electronic advertising or website designed or maintained by Surfs Global UK is strictly the property of Surfs Global UK and SGI Network. Any computer generated images, photographs and photographic material can not be used in any other advertising media without priory request. Surfs Global charge per image if any images, photographs and photographic material is requested for use by any other advertising media or company other than Surfs Global UK. Any fees charged will be based on Surfs Global Photography's standard rates for the work involved

 

Permission to Reproduce
A picture granted by Surfs Global UK is personal to the Client and may not be assigned to any third party without prior consent. The client may not alter or add to or manipulate any picture or graphic by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without permission
.

 

Unless specifically otherwise agreed in writing between Surfs Global and the Customer, Surfs Global UK is entitled to utilise material ordered by the Customer for the advertising, marketing and promotion of Surfs Global's business. Surfs Global and the Photographer shall be entitled to sub-contract his obligations under an Order at his discretion.

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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