Terms Of Service
This is a copy of our terms of service as of November 2007. The latest version of this can always be found at this URL. You should also be familiar with our Acceptable Use Policy.
1.) Account Setup
We will setup your account after we have received payment or if you’ve made special arrangements with us direcly . It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.
2.) Payment Information
You agree to supply appropriate payment for the services received from Svaha LLC, in advance of the time period during which such services are provided.
You agree that until and unless you notify Svaha LLC of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Our preferred method of payment is PayPal. Through PayPal you can subscribe for recurring automatic payments. Svaha LLC does accept credit cards (Mastercard, VISA, AmEx, Discover), money orders and checks. We prefer yearly payments and our prices are adjusted to give the best discounts for that term.
This area is covered in more detail in our Acceptable Use Policy. All services provided by Svaha LLC may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene. The customer agrees to indemnify and hold harmless Svaha LLC from any claims resulting from the use of our services.
Examples of unacceptable material:
- IRC Bots
- Proxy Scripts / Anonymizers
- Warez Sites
- muds / rpg’s
- Pirated Software
- Hate sites
- Hacker focused sites
- Hack programs and archives
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Any implication of underage content or misleading information perceived to be child pornography will result in the same penalties. Violations will be reported to the appropriate law enforcement agency.
4.) Zero Tolerance Spam Policy
Svaha LLC takes a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated without notice.
Svaha LLC reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Svaha LLC also reserves the right to make any such modifications in an emergency at our sole discretion.
Svaha LLC reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up will be no less than $100.00 and may be as high as $500.00.
5.) Backups and Data Loss
Your use of the service is at your sole risk. Svaha LLC is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Svaha LLC servers. If you require assistance in learning how to back up your data or would like us to manage this service for you, just ask.
6.) Cancellation and Refunds
Svaha LLC reserves the right to cancel the account at any time.
Customers may cancel at any time. Svaha LLC gives a 30 day money back guarantee on hosting solutions paid in US dollars only. If your account is suspended or terminated by Svaha LLC prior to your request for a refund, no refund will be issued. Refund requests after 30 days will be refunded on a prorated basis of any unused months.
Only first-time accounts are eligible for a refund. If you have had an account with Svaha LLC before, canceled and signed up again, you will not be eligible for a refund. Likewise, if you have opened a second account with us during your first 30 days, you will not be eligible for a refund.
Domain purchases are non-refundable and cannot be refunded.
Accounts sold through Second Life and paid for in Lindens (L$) are not eligible for refunds.
7.) Resource Usage
Users may not initiate the following:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent
f) Run any gaming servers.
8.) Transfer (Bandwidth) Usage
You are allocated a monthly transfer (bandwidth) allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more transfer (bandwidth) is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, or terminate the account. Unused transfer (bandwidth) in one month cannot be carried over to the next month.
9.) Price Change
The amount you pay for hosting will never increase from the date of purchase unless you choose to upgrade to a larger plan. We reserve the right to change prices listed on Svaha LLC, and the right to increase the amount of resources given to plans at any time.
Customer agrees that it shall defend, indemnify, save and hold Svaha LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Svaha LLC, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Svaha LLC against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Svaha LLC; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Svaha LLC’s server.
Svaha LLC will not be responsible for any damages your business may suffer. Svaha LLC makes no warranties of any kind, expressed or implied for services we provide. Svaha LLC disclaims any warranty or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Svaha LLC and its employees.
12.) Hosting accounts cannot resell web hosting to other people.
If you wish to resell services please contact us and we can arrange a special setup for you.
13.) Changes to the TOS
Svaha LLC reserves the right to revise its policies at any time without notice.