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Acceptable Use Policy (AUP)/Terms of Service

This document clearly outlines procedures and restrictions for all clients.

Last updated: December 6, 2011

Steadfast Networks strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Steadfast Networks customers and us against such harm.

In the absence of any other Agreement, you will have accepted this Policy and these Terms and be bound by them if you use any of the services offered by Steadfast Networks ("Services") or otherwise indicate your affirmative acceptance of such Services.

This Policy and these Terms may change from time to time. Steadfast Networks will try to inform all of our customers of the changes and subject to applicable laws and this Agreement those changes will be effective after 30 days.

Due to rules set in place by the government of the United States of America we cannot host clients from the following countries: Burma, Cuba, Iran, Iraq, Liberia, Libya, North Korea, Sudan, Syria, or Zimbabwe.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any client for any reason not prohibited by law. Any deliberate attempt to cause damage to Steadfast Networks or any other Internet servers will result in immediate account deactivation without prior notice. No refund will be issued in this case.

Payment Policies, Fees, Refunds and Terms of Agreement

Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax, unless requested and agreed upon in writing before service is rendered. Prepayment is due each anniversary (one month, one year, or other agreed upon period) following the date the account was established. Billing will continue automatically and indefinitely until you cancel your hosting account. As a policy, we do not offer credits or refunds for hosting time already expended or on any company issued credit, such as a free month of hosting. Credit cards may be billed up to seven days in advance of the due date to assure that service will not be affected if there is a problem with the credit card. Steadfast Networks considers all credit card or PayPal chargebacks for services rendered, or partially rendered, to be fraudulent. Such accounts will be assessed a $50 fee, per incident, and have their balance sent to a third-party collections agency. Please follow the refund procedures we have defined.

We do give refunds for full months unused, not partial months, and billing is only done on full month or annual terms. If you decide to cancel after prepayment, you will not receive a refund for the current month in use (we do not give partial months refunds). If you have prepaid and received a multi-month discount, upon cancellation we will figure the refund retroactively withdrawing the discount back to the start date of the contract. This will result in paying full undiscounted price for the months used and refunding the balance. This only applies to cancellation by the client. If cancellation is done by Steadfast Networks due to an account violation, there will be no refund. Additional features can be added at any time. Steadfast Networks reserves the right to change prices at any time, but will notify all clients before such changes take place. Account credits are also issued according to our Service Level Agreement (Scheduled maintenance is announced at https://support.steadfast.net/?_m=news&_a=view).

All customers will receive invoices at least 25 days before the due date and we will attempt to charge any credit card on file set as a default payment method automatically 2 days before the due date. After the due date, there is a 2 day grace period in which to fully pay the invoice, with an overdue notice being emailed every other day. If payment is not made, or other adequate arrangement put in place, the account (including all paid services on the account) may be promptly shutdown after the 2nd day. The system will be maintained in full working order, with the original data, for a period of at least one additional week. The customer is fully responsible for making sure payment is made in a timely manner and is fully responsible for keeping accurate billing information on file.

In regards to colocation customers, Steadfast Networks reserves the right to take ownership of the colocated equipment as compensation after a period of 30 days of non-payment. If the equipment is sold, the selling price, minus a 15% processing charge will be deducted from the amount of the bill which is forwarded to collections. Colocation customers must also abide by the posted Colocation Policies.

Access

You agree to allow us and our agents the right of access to equipment and data, as is reasonably needed, for purposes of installing, servicing, configuring, maintaining, inspecting, upgrading, replacing and removing the services and/or equipment used to receive any of the Services. In so doing Steadfast Networks will take all reasonable care to insure the work is complete in a professional manner with minimal interruptions to Services. In all instances Steadfast Network's liability will not exceed what is provided within this Agreement.

Cancellation

You may cancel at anytime, unless otherwise stated in a written contract or agreement. To cancel your service, please email billing@steadfast.net. Notification of cancellation must be received at least one full week prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the client's responsibility to secure email confirmation from Steadfast Networks that the service has been cancelled. If the client has not yet received email confirmation of service cancellation, then the account remains active, and you will continue to be invoiced. Clients are responsible for all charges associated with a service until cancellation is verified via email.

If the client has a balance due at the time of cancellation, this balance must be paid in full and the cancellation may be refused until such a payment is made. Cancellation does not absolve client of any outstanding financial obligations. Steadfast Networks reserves the right to go through a third-party collection agency to collect any overdue payments. All accounts sent through a third-party collection agency will have an additional fee of 38% of the amount owed added to cover the collections fees and other related expenses, subject to applicable laws.

Insurance

You are solely responsible for maintaining insurance coverage for any claims which may arise under this Agreement and for which you may be legally liable. It is your responsibility to adequately insure yourself against business interruption, loss of business or other losses. Steadfast Networks shall not have responsibility to you for your failure to maintain sufficient insurance coverage. Steadfast Networks. liability shall not exceed that which is set forth in this Agreement.

Indemnification Policy

You agree to use all Steadfast Networks services and facilities at your own risk. Steadfast Networks specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Steadfast Networks be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. The client agrees that it shall defend, indemnify, save and hold Steadfast Networks harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Steadfast Networks, 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 the client, it's agents, employees or assigns. The client agrees to defend, indemnify and hold harmless Steadfast Networks against liabilities arising out of:

Steadfast Networks shall be the sole arbitrator of what violates this policy.

Limitation of Liability

CUSTOMER ACKNOWLEDGES THAT STEADFAST NETWORKS PERMITS OTHER LICENSEES TO INSTALL THEIR EQUIPMENT IN THE PREMISES. STEADFAST NETWORKS WILL HAVE NO LIABILITY FOR ANY DAMAGES, COSTS, OR LOSSES INCURRED BY CUSTOMER (OR ITS CLIENTS) CAUSED BY SUCH OTHER LICENSEES. ACTS, EQUIPMENT, OR FAILURES TO ACT.

THE LIMIT OF STEADFAST NETWORKS. LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR BY STATUTE OR OTHERWISE TO CUSTOMER (OR ITS CLIENTS) CONCERNING PERFORMANCE OR NON-PERFORMANCE IN ANY MANNER RELATED TO THIS AGREEMENT, FOR ANY AND ALL CLAIMS WILL NOT, IN THE AGGREGATE, EXCEED THE TOTAL FEES PAID BY CUSTOMER TO STEADFAST NETWORKS UNDER THIS AGREEMENT IN THE IMMEDIATELY PRECEDING 2 MONTHS FROM THE DATE THE CLAIM AROSE. IN NO EVENT WILL STEADFAST NETWORKS BE LIABLE FOR ANY LOST PROFITS, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.

Spam Policy

Steadfast Networks is committed to a strict anti-spamming policy. Under this policy, we prohibit spam, or any unsolicited commercial email, from being sent either: Over the Steadfast Networks network, by clients or any other users of the Steadfast Networks network (including the client's customers); AND/OR over ANY network - if the message sent advertises or mentions a site hosted on the Steadfast Networks network.

We react quickly and seriously to violations, and we further reserve the right to terminate the services of any client disregarding this policy. Notice of at least 6 hours is given to all dedicated hosting and colocation clients. VPS customers may have their accounts suspended without notice, depending on the severity of the incident. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an email address or web site URL on Steadfast Networks' network is prohibited. The use of Steadfast Networks' network as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam will be billed a "clean up" fee of $100 along with a potential fee of $50 per mailing/complaint if they are deemed to be unresponsive to our requests.

If you have any complaints or comments regarding spam on our network, please email abuse@steadfast.net.

Note: Steadfast Networks explicitly reserves its right to act in accordance with this policy in all instances. However, we will generally not suspend an account due to a single violation. In general, we will first attempt to work with you to resolve the situation. If problems persist or there is no cooperation the account may be suspended and have the above charges applied. As a web host we understand you may not have control of all your users/clients and we are more than happy to work with you as long as you are cooperative. We give all clients the right to defend themselves before accounts are permanently suspended or charged the specified clean-up fees.

Content Policy

All services provided by Steadfast Networks may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any American law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material that promotes any illegal activity, or material protected by trade secret and other statutes without proper authorization. Steadfast Networks will comply with all requirements of all Federal and State laws and regulations and will comply with orders of any court of competent jurisdiction or regulatory agency with authority over Steadfast Networks or its business. The subscriber agrees to indemnify and hold harmless Steadfast Networks from any claims resulting from such compliance or the use of the service which damages the subscriber or any other party.

Examples of unacceptable content include, but are not limited to, the following:

Any illegal activity may result in your site being suspended immediately, without notification. Any sites breaking the above rules will be subject to a $100 clean-up fee if they are deemed to be unresponsive to our requests.

Steadfast Networks will be the sole arbiter as to what constitutes a violation of this provision.

Steadfast Networks is a strong believer in everyone's right to practice free speech and we do not feel that it is our obligation to rid the Internet of any material which others feel may be inappropriate or offensive. We feel that the right of free speech supersedes any other claims of content being inappropriate or offensive as those terms are subjective, while the laws of the United States are quite clear. As long as the content is legal, we will not suspend your account without notice, though we do reserve the right to refuse hosting to any party for any reason with proper notice being given.

System and Network Security

Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Steadfast Networks investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.

Examples of system or network security violations include, but are not limited to, the following:

Inadequate security, insecure/unpatched software, insecure passwords, etc. are not the responsibility of Steadfast Networks. The client is responsible for assuring that their account is as secure as possible and the account holder accepts all responsibility for actions taken using their allocated resources, whether they are authorized or not. The account holder on file agrees to be held responsible for all bandwidth overage fees ($0.35 per GB on dedicated servers and colocation, $0.50 per GB on VPS accounts, unless other terms were agreed upon), clean-up fees, and managed service fees.

Scripting/IRC Policy

Steadfast Networks does not prohibit the running of any specific IRCd, eggdrop, IRC related scripts, programs, or bots. By running such scripts, programs, or bots you are taking full responsibility for any and all costs that may be involved in DoS, DDoS, or any other form of attack or security issue. This includes, but is not limited to, bandwidth overages and tech support time. Steadfast Networks reserves the right to null route IPs without notice for the protection of other users of the network and to maintain general network stability.

Backups

No guarantees are made of any kind, either expressed or implied, as to the integrity of our backups or backup services. It is the clients' responsibility to maintain local copies of their content and other stored information. If loss of data occurs due to a failure on Steadfast Networks' part, we take reasonable action to recover the data in-house at no charge to the client. If data loss occurs due to negligence of client in securing their account, by an action of the client, or any actions not under the direct control of Steadfast Networks, Steadfast Networks will have no liability.

The customer is fully responsible for assuring that backups are kept. With dedicated servers, backup space is provided with all accounts, but it is the customer's responsibility to activate that backup space and to backup their data.

User Information

It is the responsibility of the client to assure that the complete contact and billing information on-hand is up-to-date and accurate, including full mailing address and a list of authorized contacts. Steadfast Networks will contact users via the email addresses and/or phone numbers entered by the user and will not be held responsible for the accuracy of this information. Steadfast Networks provides a direct way for all users to verify this information through the control panel. Support services are only rendered to those users whose information is on file as an authorized contact on the account.

Representation and Warrantee of Age

You represent and warrant that you are at least 18 years of age.

Reservation of Rights

Steadfast Networks reserves all rights not specifically granted herein.

Force Majeure

Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the party affected ("Force Majeure"). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure to make any payment when due.

No Waiver

No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.

Severability

If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.

Choice of Laws

This Agreement will be governed and interpreted by the laws of the State of Illinois, without regard to its conflicts of law provisions. The parties hereby irrevocably and unconditionally attorn to the non-exclusive jurisdiction of the courts of the jurisdiction where the Premises are located, and all courts competent to hear appeals therefrom.

Entire Agreement

This Agreement supersedes all previous Agreements and Service Agreement Addendums between the parties. This Agreement and any subsequent Service Agreement Addendums constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, STEADFAST NETWORKS MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.