Shompton Hosting – Terms of Service (TOS)
The following is the entire Terms of Service (“TOS”) between SHOMPTON, LLC (“Shompton”) and the personal or corporate account holder (“Customer”). Shompton general policy is to act as a neutral provider of access to the global Internet, while maintaining certain legal and ethical responsibilities regarding the use of its computer network and equipment involved in these services. This Terms of Service may be periodically updated at this web address without prior notice, and it is the responsibility of Customer to be informed of the current version. By submitting an order or the acceptance or use of Shompton’s services, Customer is bound to the terms set forth in this document.
Shompton makes no warranties or representations of any kind, whether expressed or implied, for services provided or agreed to be provided. Shompton also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Customer. Shompton makes no guarantee to access of any third-party network, service, or website. Shompton will not be responsible for any damages Customer may suffer. Shompton disclaims any responsibility to loss of data resulting from failed hardware, human error, or service interruptions caused by Shompton or its related providers. Shompton reserves the right to refuse service to anyone. Shompton reserves the right to change its Terms of Service at any time.
Customer agrees to indemnify, defend, and hold Shompton harmless from any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) or causes of action of any kind or nature, arising out of or related to Customer’s use of services provided by Shompton, as well as all claims or causes of action of any kind or nature brought by any third party or any of Customer’s own customers.
Shompton will exercise no control whatsoever over the content of the information passing through the network, email or web site.
TRADEMARKS AND COPYRIGHTED MATERIAL
Customer warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
Proprietary information exchanged here under shall be treated as such by Customer. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Customer further agrees to not decompose, disassemble, decode or reverse engineer any Shompton program, code or technology delivered to Customer or any portion thereof.
PAYMENT POLICIES & BILLING PROCEDURES
All accounts are set up on a pre-pay basis. Shompton accepts payments via Visa, MasterCard, American Express, Discover Card, or PayPal. Setup fees may be charged for new accounts paid on a monthly basis, or for major account changes, and are non-refundable. All pricing is guaranteed for the term of pre-payment. Shompton reserves the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established. If ten days (10) have passed and payment has not been posted, the account will be suspended until further notice. Service interrupted for non-payment is subject to a $30.00 reconnect charge. Customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Shompton to request termination of services. All payments must be made in USD drawn on a US bank.
CREDIT CARD PAYMENTS
When paying by credit card, Customer is billed every month on an automatic recurring basis. Shompton will bill Customer’s credit card every month until Customer terminates service. Upon termination of service, Customer will be removed from Shompton’s billing system and Customer’s account will expire when next payment is due. Credit card charges will appear on Customer’s credit card bill as “SHOMPTON LLC”.
Shompton reserves the right to suspend or terminate Customer’s service at any time. In the event of termination, no refund will be provided and all files, e-mail, and other account items will become property of Shompton and subject to destruction. Violations which are unlawful will be reported to the appropriate authorities.
Customer may terminate service and receive a refund of total monies paid, less setup fees, if cancellation is requested within the first 48 hours of service. Customer cancellation after initial 48 hours of service will not entitle Customer to any refund. Customer must provide Shompton with written notice of termination at least five days (5) before next payment period (payment anniversary day). Customer notice of cancellation must be sent via email to email@example.com from the email address on file with Shompton.
ACCESS TO SERVICE USE BY CLIENT
Customer is defined as the person listed on the initial order for Shompton service. Account is to be used by Customer only. Customer is responsible for all activity in Customer account. Customer may not resell, trade, or give away partial/full access to account without expressed permission from Shompton.
Shompton strongly encourages Customer to back-up Customer’s data regularly. Customer agrees that Shompton has no obligation to back-up any data related to Customer’s account unless Shompton expressly agrees otherwise in writing and Customer has currently paid for such back-up Services. Customer agrees that failure to back-up Customer’s data regularly will mitigate against any claim for damages Customer may bring against Shompton relating to any loss of data.
Accounts exceeding predetermined bandwidth allotments may either be suspended or billed an additional $4.00/GB. Suspended accounts are subject to a $30.00 reconnect charge.
COMMERICAL EMAIL ADVERTISEMENTS – SPAMMING
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or termination. Spamming is particularly unethical and will be treated as such.
Customer may only use Shompton server for lawful purposes. Transmission of any material in violation of any federal, state or local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. Shompton expressly forbids anyone from using Shompton servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, satanic materials. The designation of any materials as such described above is left entirely to the discretion of Shompton.
Customer is solely responsible for any security breaches affecting servers or accounts under Customer’s control. If Customer’s account is responsible for or involved in an attack on or unauthorized access into another server or system, Shompton may suspend service immediately. Customer will pay any charges resulting from the cost to correct security breaches affecting Shompton or any of its other customers. Shompton is in no way responsible for any lost revenue or down time due to Customer misuse.