Terms of Service
TERMS OF SERVICE (TOS)
IMPORTANT NOTICE: *All Payments To Schogini Are Non-Refundable*
Schogini. Systems (Schogini, Inc.) ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Schogini Service constitutes acceptance and agreement to Schogini's AUP as well as Schogini's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Schogini.com and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Schogini shall have the right to terminate all service set forth in this Agreement.
Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the due date based on the billing cycle chosen.
Refund and Disputes: All payments to Schogini.com are nonrefundable. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. For any reason the payment made to Schogini gets charged back/bounced. you agree to pay Schogini an "Administrative Fee" of $20, while restoring the payment..
Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Account Cancellation: Requests for canceling accounts may be made giving at least 30 days notice but not more than 60 days prior.
Subscriber 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, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 1 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days.
Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to Schogini.com will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Schogini.com on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
Support Boundaries: Schogini, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: Schogini provides support related to your site or virtual site physical functioning. Schogini does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Schogini does not provide technical support for YOUR customers. If you can email, we encourage you to email support@Schogini.com for assistance. If you are able to get online and have other questions, the answers may be on our home page here - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.
SPAM and Unsolicited Commercial Email (UCE): Schogini takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Schogini may not use or permit others to use our network to transact in UCE. Customers of Schogini may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
Violation of Schogini's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Schogini will initiate an immediate investigation (within 48 hours of notification). During the investigation, Schogini may restrict customer access to the site to prevent further violations. If a customer is found to be in violation of our SPAM policy, Schogini may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Schogini reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Schogini 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 Schogini personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the Schogini network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
BEGINNING IMMEDIATELY, anyone hosting websites or services on their site that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their site immediately removed from our network. The site will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reactivation we will confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the site from our server without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our servers without notice.
IP Address Ownership: If Schogini assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Schogini, and Customer shall have no right to use that Internet Protocol address except as permitted by Schogini in its sole discretion in connection with the Services, during the term of this Agreement. Schogini shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Schogini, and Schogini 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.
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Schogini will monitor Customer's bandwidth and disk usage. Schogini shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. 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 Schogini's sole and absolute discretion. If Schogini 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, Schogini may, at its sole discretion, collect a deposit, in an amount determined by Schogini, against customer's credit card on file with Schogini.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the Schogini Servers. Violations of system or network security may result in civil or criminal liability. Schogini 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 an account 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.
Notification of Violation:
Schogini 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.
First violation: Any User, which Schogini 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 Schogini's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
Second Violation: Users that Schogini 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.
Suspension of Service or Cancellation: Schogini reserves the right to suspend access to any customer if in the judgment of the Schogini 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 Schogini 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.
Indemnification: Schogini wishes to emphasize that in agreeing to the Schogini Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Schogini for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Schogini or the bringing of any claim against Schogini by any third-party. This means that if Schogini is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Schogini, plus all costs and attorney's fees.
Miscellaneous Provisions: 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 Subscriber 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.
Subscriber 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 Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
Schogini takes no responsibility for any material input by others and not posted to the Schogini Network by Schogini. Schogini is not responsible for the content of any other websites linked to the Schogini Network; links are provided as Internet navigation tools only. Schogini 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.
Schogini is not responsible for any damages your business may suffer. Schogini does not make implied or written warranties for any of our services. Schogini 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 Schogini.
It is absolutely forbidden to host pornographic content or IRC servers on your Accounts.
Responsibility for Content: You, as Schogini's customer, are solely responsible for the content stored on and served by your Schogini server.
Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.
Schogini may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships Schogini has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by Schogini and not by the Third Party Vendor. Neither Schogini nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from Schogini or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither Schogini nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and Schogini with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.
Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.
Copyright 1997-2013 Schogini Systems.