Server Union, LLC. provides the Server Union, LLC. service to you, subjected to the "Terms of Service" ("TOS"), which maybe updated by us from time to time. Server Union, LLC. ("ServerUnion") will take effort to notify you via the email you had provided. ServerUnion reserves its rights to amend the TOS without notice to you. The current version of the TOS will always be found at http://www.serverunion.com/tos.html
Access to the network and services of Server Union, LLC. are granted to you is subject to the following terms and conditions:
1. ServerUnion’s Liability:
ServerUnion makes no warranties of any kind, expressed or implied, for the service it is providing. ServerUnion also disclaims any warranty of merchantability or fitness for a particular purpose. ServerUnion will not be responsible for any damages you may suffer. This includes loss of data resulting from delays, nondeliveries, misdeliveries or service interruptions caused by the negligence of you or of ServerUnion, errors or omissions, or due to inadvertent release or disclosure of information sent by you.
2. Content and Acceptable Use:
ServerUnion exercises no control over, and cannot be held liable for, the content of the information passed through its network. ServerUnion's services may only be used for lawful purposes. Unauthorized transmission or storage of any information, data or materials in violation of any law or regulation of the United States, any state thereof or your business location is expressly prohibited. This includes, but is not limited to, material which is copyrighted or protected by trade secret. The Customer agrees to indemnify and hold harmless ServerUnion from any claims (including ServerUnion's legal fees) resulting from your use of service which damages you or any other party or parties. The Customer also agrees to follow the Acceptable Use Policies (AUP) of ServerUnion, as now in existence and as they may be amended from time to time, displayed prominently in electronic form at http://www. serverunion.com/aup.html, and incorporated herein by reference as if reprinted in full. The customer agrees, when accessing another network through ServerUnion's network, to abide by the rules of that network as well.
3. Payment and Contingencies:
Payment is due by the date indicated on the invoice,
cancellation of service must be received at least 3 business days before invoice
generation. No refund is required to client by ServerUnion after the
invoice is generated. A minimum overhead fee may be incurred by customer for any
moneys refunded. ANY CHANGES OR ALTERATIONS OF THIS SCHEDULE MUST BE SET FORTH IN WRITING AND SIGNED BY THE CLIENT AND BY AN AUTHORIZED REPRESENTATIVE OF SERVERUNION. Accounts are in default if not received by the due date indicated on the invoice. If you fails to make payment by the date indicated on the invoice, or if payment is returned to ServerUnion unpaid, customer is immediately in default and subject to a returned payment charge of $50 dollars from ServerUnion. Accounts unpaid after the due date indicated on the invoice may have their service interrupted. Such interruptions do not relieve you from the obligation to pay the monthly account charge. Accounts in default are subject to an interest charge of 1.5 percent per month, or your state's or country's legal maximum allowable rate, whichever is less. If you default, you agree to pay ServerUnion its reasonable expenses incurred in enforcing its rights under these terms and conditions, including legal and collection agency fees. An act of default accelerates payments to be due immediately, as credit is no longer being extended.
4. Other Agreements and Assignment Rights:
These terms and conditions supersede all previous representations, understandings or agreements, and shall prevail notwithstanding any variance with terms and conditions of any order submitted. ServerUnion also reserves the right to use subcontractors of its choice or to assign the active account to another entity.
5. Determination of Outage Credits:
An "outage" is defined as a disruption of normal network data throughput capacities, outside of reasonable and expected variances. An outage, for the purposes of "outage credits," may not include:
a. Normal periodic but scheduled maintenance time performed by ServerUnion for the purposes of upgrading or maintaining its network.
b. Internet or network problems external to the ServerUnion network and beyond its direct control.
c. Issues related to specific Internet Service Providers, Network Access Points (NAPs) or Internet Routes. These will be dealt with through the normal ServerUnion network Operations troubleshooting process and handled on an individual basis.
The Customer will pay 100 percent of the full monthly connection fee regardless of any "outage" time, unless the outage time meets the following criteria. If there is more than 60 consecutive minutes of outage, or a total of sixty 120 minutes of outage time on any given day, you will receive a credit on your bill equal to that day's fee, defined as the monthly fee divided by the number of days in the month in which the outage occurred.
6. Service Maintenance:
a. Except as otherwise agreed, ServerUnion shall exercise reasonable efforts to achieve restoration of service, in the case of an outage as above defined, as quickly as is feasible, provided you expressly acknowledges that ServerUnion is not, in the case of any outage of any length, liable for any restitution to the customer beyond the granting of outage credits as delineated above. If ServerUnion investigates an outage at your request and determines the outage to be the responsibility of you, you may be billed for the ServerUnion employee(s)' time at ServerUnion's then-current rate listed.
b. ServerUnion will provide a Network Operations Center (NOC) responsible for monitoring ServerUnion's network on a 24-hour-per-day, 7-day-per-week basis. The services provided to you by the NOC or any other ServerUnion employee are subject to change at ServerUnion's discretion and without prior notice. Services provided by the NOC or any other ServerUnion employee outside of their standard duties may be billed to you at ServerUnion's then-current rate. No ServerUnion employee will perform services requiring billing beyond the monthly rate stipulated in your Service Agreement without the request or consent of you or your authorized representative(s).
c. The Customer explicitly agrees that ServerUnion may, without prior Customer approval, use any subcontractor that ServerUnion chooses for installation, maintenance or other services under obligation to ServerUnion under this agreement. Use of any subcontractor does not relieve ServerUnion of any of its obligations as set forth in this Agreement.
7. No Liability or Right to Cancel for Acts or Omissions Beyond ServerUnion's Control:
ServerUnion shall not be liable for, nor shall any customer be entitled to cancel its contract, because of any outage or downtime resulting from any failure of performance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood or other catastrophes; acts or omissions of third parties; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over ServerUnion, or of any department, agency commission, bureau, corporation or other instrumentality of any one or more of these federal, state, or local governments, or any civil or military authority; national emergencies; insurrections; riots; wars; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties.
8. Cancellation Procedures for Customers Within Right to Cancel:
Customer explicitly agrees that while Customer has an active contract with ServerUnion, customer may not terminate its contract. Customer may cancel account once customer's contract has lapsed by providing ServerUnion thirty (30) days' written notice of service termination. Customer may provide this notice up to thirty (30) days prior to contract termination if Customer wishes to discontinue service when Customer's contract lapses. Without notice, ServerUnion will consider Customer to be on a month-to-month contract extension.
9. 14 Day Money-Back Guarantee:
Customer may, within 14 days of the date of activation, cancel their account and have all monies refunded. However, if the client uses more than 50% of the resources they sign up for within the stipulated period, they may not be eligible for the Money-Back Guarantee. ServerUnion will be the sole arbitrator of this guarantee. The money back guarantee applies only to shared hosting plans.
10. Refund Policy:
Refunds not covered under the 14 Day Money-Back Guarantee will be given at the discretion of ServerUnion. Any customer who did not follow ServerUnion's TOS or violates its Acceptable Use Policy (http://wwww.serverunion.com/aup.html) may not be entitled to any refunds.
Questions about these Terms and Conditions or other account matters should be directed to admin@serverunion.com via electronic mail, or to the client's Authorized ServerUnion Account Manager.
This only applies to the web hosting fees. Domains, services and other products are non-refundable.