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Hosting Terms of Service and Use

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What is this?

The Terms of Service (TOS) are the rules and regulations that specify guidelines for using our services. Use of our services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Use of Search Engine Partner's services implies agreement with these terms!

Questions?

Any questions regarding this agreement should be sent to Search Engine Partner's sales department prior to signing up for service.

Terms of Service

GetUpdated, Inc. d/b/a Search Engine Partner (hereinafter referred to as "Search Engine Partner") provides web hosting to people all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using Search Engine Partner services.

Content

All services provided by GetUpdated, Inc. d/b/a Search Engine Partner may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless GetUpdated, Inc. d/b/a Search Engine Partner from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any GetUpdated, Inc. d/b/a Search Engine Partner server. This includes sites that may infer sexual content, or Link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to GetUpdated, Inc. d/b/a Search Engine Partner servers or any other server on the internet. Links to such materials are also prohibited. Contact our sales department for any clarifications.

Examples of non-acceptable content

  • Pirated software
  • Bulk Email related products
  • Pornography/Nudity/Adult Content
  • Hacking/cracking related websites
  • Warez and/or copyrighted MP3s
  • Material illegal under United States of America law
  • Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)

GetUpdated, Inc. d/b/a Search Engine Partner will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund!

Copyright Violations

Search Engine Partner will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.

System Resource Usage

If Search Engine Partner's system administration team determines that an account is utilizing an unacceptable amount of system resources, Search Engine Partner may temporarily deactivate the account in question. If Search Engine Partner's staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (10) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases; Search Engine Partner will do all it can to assist customers prior to this scenario.

GetUpdated, Inc. d/b/a Search Engine Partner will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.

Backups

Search Engine Partner performs nightly backups of shared and reseller servers; however, these backups are for Search Engine Partner's administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Search Engine Partner does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Search Engine Partner's part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

Unsolicited Email (SPAM)

SPAMing, or the sending of unsolicited email, from a GetUpdated, Inc. d/b/a Search Engine Partner server or using a return email address that is maintained on a GetUpdated, Inc. d/b/a Search Engine Partner server is STRICTLY prohibited. Using SPAM to advertise a site hosted on Search Engine Partner's network also constitutes as a violation of this provision. GetUpdated, Inc. d/b/a Search Engine Partner will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.

For anyone intentionally spamming on our systems, we reserve the right to bill them at rate of $90/hour for any cleanup, research, and related work from their illegal activities.

Help us STOP SPAM! Please email our abuse department immediately to report a violation of our SPAM policies.

Support Abuse

At Search Engine Partner, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host. A pro-rated refund may be issued on a case-by-case basis.

Server Abuse

Any attempts to undermine or cause harm to a GetUpdated, Inc. d/b/a Search Engine Partner Internet Solutions server or customer of GetUpdated, Inc. d/b/a Search Engine Partner is strictly prohibited.

GetUpdated, Inc. d/b/a Search Engine Partner will be the sole arbiter as to what constitutes a violation of this provision. Accounts found in violation of this provision will be subject to immediate account deactivation without refund. Search Engine Partner will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.

Cancellation

Cancellations are processed by our Billing department; hours for Billing can be found here. To cancel an account, submit your cancellation request to Billing via our Contact form. To expedite your request, be sure to include the following information:

  • Primary domain name on the account
  • Answers to your two selected security questions
  • Verification that you have downloaded a backup of all necessary files

The above information is required for the protection of all customers.

Failure to Follow Policies

Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to Search Engine Partner's discretion). Any accounts and/or servers contained within Search Engine Partner's network must adhere to the above policies.

We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund--and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.

GetUpdated, Inc. d/b/a Search Engine Partner reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.

Legal / Service Agreement

This is a legal document. All Search Engine Partner customers are bound by it! (Read it!)

You must read and agree to all terms in this document before using our services. By using or continuing to use Search Engine Partner services, you are automatically agreeing to the terms of this document!

What is this?

The agreement below is a legal agreement between Search Engine Partner and all of our customers. If you use any service provided by or affiliated with Search Engine Partner, you are legally bound by this agreement. Read it carefully before signing up and ensure that you understand and agree to all parts. Use of our services implies agreement with this contract!

Questions?

Any questions regarding this agreement should be sent to Search Engine Partner's sales department prior to signing up for service.

Service Agreement

Last Updated: 23-October-2008

SERVICE AGREEMENT

THIS AGREEMENT (“Agreement”) is made and effective as of the date of acceptance, by and between you (“Client”) and Search Engine Partner.

WHEREAS, Search Engine Partner owns, distributes and provides various products and services for conducting business on the Internet including: SiteAdmin, BillAdmin, shared, reseller and dedicated web hosting, cPanel licensing, and the Search Engine Partner family of services (hereinafter collectively referred to as the “Services”).

WHEREAS, Client desires to utilize some or all of the Services to develop, enhance or maintain Client's business and/or presence on the Internet.

NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:

1. Search Engine Partner SERVICES

Search Engine Partner agrees to provide to Client the Services agreed upon between Search Engine Partner and Client as selected by Client in Search Engine Partner's customer database that is specified at www.Search Engine Partner.com.

2. PAYMENT AND INVOICING

2.1 In consideration of the performance of the Services, Client shall pay Search Engine Partner monthly in advance the amount set forth in Search Engine Partner's customer database as such records are amended from time to time for the Services during the term of this Agreement.

2.2 Client shall receive a confirmation letter via e-mail at the time Client contracts for the Services, which shall confirm the fees payable to Search Engine Partner. Thereafter, Client shall receive a monthly billing statement for the upcoming month. The monthly billing statement shall indicate any changes in fees, which fees shall become effective upon thirty (30) days' notice as set forth in Section 2.4 herein.

2.3 Client is responsible for all activities and charges resulting from Client's use of the Services. Client agrees to pay all fees, bandwidth charges, connect time charges, surcharges, and other charges incurred by Client and set forth in the monthly billing statement. Client acknowledges that no refunds will be given by Search Engine Partner in the event that Client's account is terminated by Search Engine Partner or Client mid-term. In the event of a breach of security, Client will remain liable for any unauthorized use of the Services until Client notifies Search Engine Partner by sending an e-mail with account information to https://www.searchenginepartner.com/sep.php .

2.4 Current rates for using the Services may be obtained on our web site at www.Search Engine Partner.com. Search Engine Partner reserves the right to change fees, surcharges, monthly membership fees or to institute new fees at any time. In addition, Search Engine Partner may institute special trial offers, from time to time, that shall be reflected in the confirmation letter sent to Client upon sign up. If Search Engine Partner does not receive the full amount of Client's Service account balance within three (3) days of invoice date, a late charge equal to 1.5% per month or highest amount allowed by law per month will be added to Client's bill and shall be due and payable. Client shall also be responsible for all attorney and collection fees arising from Search Engine Partner's efforts to collect any unpaid balance of Client's account(s), and Search Engine Partner may terminate Client's account immediately without further notice to Client.

2.5 All hosting services renew automatically. Client may opt out of automatic renewals by contacting https://www.searchenginepartner.com/sep.php .

3. RESPONSIBILITIES AND RIGHTS OF Search Engine Partner

3.1 Means of Performance. Search Engine Partner shall provide Client with the Search Engine Partner hosting services, as described at www.Search Engine Partner.com hereto. Search Engine Partner has the right to control and direct the means, manner, and method by which the host services are performed.

3.2 Support. Search Engine Partner shall provide a reasonable level of technical support to Client via email or Web page for the term of this Agreement.

3.3 Other Work. Search Engine Partner has the right to perform and license products to others during the term of this Agreement. Search Engine Partner may elect to electronically monitor the host services and may disclose any content or records to satisfy any law, regulation, or other governmental request or to properly operate host services and protect its Clients. Search Engine Partner reserves the right to block any site hosted by Search Engine Partner that contains any content that Search Engine Partner deems in its sole discretion to be unacceptable or undesirable.

4. RESPONSIBILITIES AND RIGHTS OF CLIENT

4.1 Client. Client represents and warrants that (i) Client is at least eighteen (18) years of age, (ii) Client possesses the legal right and ability to enter into this Agreement, and (iii) the performance of Client's obligations and use of the Services by Client, its customers and users, will not violate any applicable laws, regulations or the rules and regulations or cause a breach of any agreement with any third parties or unreasonably interfere with other Search Engine Partner Clients' use of Services. Client assumes all risks related to processing of transactions related to electronic commerce. Client agrees to provide Search Engine Partner with accurate, complete and updated information required by the registration of the Search Engine Partner host service (Client Registration Data), including Client's legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). Client agrees to notify Search Engine Partner within thirty (30) days of any changes in Client's Registration Data.

4.2 Breach of Warranties. In the event of the breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, Search Engine Partner will have the right, in its sole discretion, to suspend or terminate immediately any Services.

4.3 Fees and Expenses. Client shall be responsible for payment of all costs, fees and expenses assessed by third parties in the course of being provided Services. Such costs include, but are not limited to, the fees required to register and maintain domain names, which is governed by a separate agreement between Client and a third-party domain name registrar.

4.4 Third-Party Software. Third-party software available through the Services may be governed by separate end user licenses. By using the Services and the third-party software, Client agrees to be bound by the terms of such end user licenses regarding the applicable third-party software. Client consents and authorizes Search Engine Partner to delegate the authorizations Client provides to Search Engine Partner to its third party service provider(s) as Search Engine Partner deems necessary or desirable to provide the applicable Services. Client agrees that the terms and conditions of this Agreement, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement, inure to the benefit of such third party service providers and such third party service providers are deemed to be third party beneficiaries of the Agreement, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement. Client also agrees that all reference to “Search Engine Partner” within this Agreement and any incorporated terms are also deemed to include, where applicable, Search Engine Partner's agents, such as the third party service providers.

4.5 Advertising, Solicitation, and Client Name Harvesting. Client may not use the Services to send unsolicited advertising, promotional materials, or other forms of solicitation to the Search Engine Partner clients or other Internet users unless Client receives the express permission of such individuals. Client may not use the means of unsolicited advertising to advertise a site hosted on the Search Engine Partner network. Client may not use the Services to collect or “harvest” user-names of Search Engine Partner clients or other Internet users without the expressed prior permission of the member. Search Engine Partner reserves the right to block or filter mass email solicitations sent from sites hosted on the Search Engine Partner network.

4.6 Management of Site. Client shall be solely responsible for all content available on or through its site, and shall at all times be subject to the terms of this Agreement, Search Engine Partner's then-standard Terms of Service (“TOS”) and any generally applicable guidelines and service standards published by Search Engine Partner. Client warrants that its site hosted on the Search Engine Partner network (i) will conform to the Search Engine Partner TOS attached hereto as Exhibit A; (ii) will not infringe and will not contain any content that infringes on or violates any copyright, U.S. patent or any other third-party right; and (iii) will not contain any content which violates any applicable law, rule or regulation. Search Engine Partner shall have no obligations with respect to the content available on or through any site hosted on the Search Engine Partner network, including, but not limited to, any duty to review or monitor any such content. Search Engine Partner reserves the right to block any site that violates any of the above-stated terms, or which in Search Engine Partner's sole discretion, Search Engine Partner deems objectionable or offensive, or otherwise violates a law or Search Engine Partner policy, or, in the alternative, to terminate this Agreement in accordance with Section 7.3 herein.

4.7 Compliance Laws. Client agrees that it will use the Services only for lawful purposes and in accordance with this Agreement. Client will comply at all times with all applicable laws and regulations and the TOS, as updated by Search Engine Partner from time to time. The TOS are incorporated herein and made a part hereof by this reference. Search Engine Partner may change the TOS, with notice, which notice may be provided by posting such new TOS at the Search Engine Partner Site. Client may request a current copy of the TOS by sending or faxing a request to Search Engine Partner. Client agrees that it has received, read and understands the current version of the TOS.

4.8 Proprietary Rights. Unless otherwise specified, all work performed hereunder by Search Engine Partner, is the property of Search Engine Partner, and all title and interest therein shall vest in Search Engine Partner. To the extent that title to any such works may not, by operation of law, vest in Search Engine Partner all rights, title and interest therein are hereby irrevocably assigned to Search Engine Partner. All such materials shall belong exclusively to Search Engine Partner, and Search Engine Partner shall have the right to obtain and to hold in its own name, copyrights, trademarks, registrations, or such other protection as may be appropriate to the subject matter; and any extensions and renewals thereof. Client agrees to give Search Engine Partner and any person designated by Search Engine Partner such reasonable assistance, at Search Engine Partner's expense, as is required to perfect the rights defined in this paragraph.

5. LIMITATION OF LIABILITY, NO OTHER WARRANTY AND DISCLAIMER

5.1 Limitation. In the event that any limited guarantees are provided by Search Engine Partner, such limited guarantees are null and void if Client fails to follow Search Engine Partner's TOS and other policies or otherwise breaches this Agreement in any respect.

5.2 No Other Warranty. Search Engine Partner does not monitor or exercise control over the content of the information transmitted through its facilities. Use of the Services or any information that may be obtained there from is at Client's own risk. The Services are provided on an “as is” basis, and Client's use of the Services is at its own risk. Except as provided in the order form(s), Search Engine Partner does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice. Search Engine Partner does not represent or warrant that the Services will be uninterrupted, error-free, or completely secure.

5.3 Disclaimer of Actions Caused by and/or Under the Control of Third Parties. Search Engine Partner does not and cannot control the flow of information to or from Search Engine Partner's network and other portions of the Internet. Such flow depends in large part on the performance of the Internet services provided or controlled by third parties. At times, actions or inactions of such third parties may impair or disrupt Client's connections to the Internet (or portions thereof). Search Engine Partner cannot guarantee that such events will not occur. Accordingly, Search Engine Partner disclaims any and all liability resulting from or related to such events.

6. INDEMNIFICATION

Client agrees to indemnify, defend and hold Search Engine Partner and its affiliates, agents, employees, and licensors (including the third party service providers) harmless from any and all claim, demand, loss, costs or expense, including attorneys' fees, made by any person arising out of Client's violation of this Agreement, State or Federal Securities laws or regulations, or any other person's rights including but not limited to infringement of any copyright or violation of any proprietary or privacy right.

Under no circumstances, including but not limited to a negligent act, will Search Engine Partner or its affiliates, agents, employees, or licensors (including third party service providers) be liable for any damages of any kind that result from the use of, or the inability to use, Services, even if any such party has been advised of the possibility of such damages.

In no event will Search Engine Partner or its third party service providers be liable to Client or any third Party for any tort, contract or any other liability arising in connection with the use of the Services, or reliance on any information or services provided by Search Engine Partner. Search Engine Partner and its third party service providers will under no circumstances be liable to Client and/or any third party, regardless of the form of action, for any loss of profits, goodwill, use, data or other intangible losses, or any direct, indirect, special, consequential, incidental or punitive damages whatsoever, even if Search Engine Partner or its third party service providers has been advised of the possibility of such damages, resulting from: (i) the use of the inability to use the Services; (ii) the timeliness, deletion, misdelivery, or failure to store any user date, communications or personalization settings; (iii) the cost of getting substitute goods and services resulting from any products, data, information or services purchases or obtained or messages received or transactions entered into, through or from the Services; (iv) statements or conduct of anyone on the Services; (vi) the use, inability to use, unauthorized use, performance or non-performance of any third party, even if the third party has been advised previously of the possibility of such damages; or (vii) any other matter relating to the Services. Client agrees that Client will not in any way hold Search Engine Partner responsible for any selection or retention of, or the acts or omissions of, third parties (including third party service providers) in connection with the Client Services.

Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to Client, and the respective liability of Search Engine Partner and its third party service providers, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states.

In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liability or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of Client's remedies under this Agreement fail, then Client expressly agrees that under no circumstances will the total, aggregate liability of Search Engine Partner and its third party service providers, employees, distributors, agents or affiliates, to Client or any party claiming by or through Client for any cause whatsoever exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.

7. TERMINATION

7.1 Without Cause. This Agreement may be terminated by either party at any time during any Renewal Term for any or no reason upon either party giving to the other no less than five (5) days' prior email notice of termination. No matter which party terminates the Agreement pursuant to this Section 7.1, any and all payment obligations of Client under this Agreement for Service(s) provided through the date of termination will immediately become due, and Client shall be required to prepay for any portion of the Services that have not been paid for and are to be rendered during such five (5) day period.

7.2 For Cause. In addition to any other rights it may have under this Agreement or applicable law, Search Engine Partner may immediately terminate this Agreement or suspend service, effective without notice, in the event of (i) a default in payment, or (ii) Client's breach or failure to comply with the TOS or other policies of Search Engine Partner. Client may terminate this Agreement if Search Engine Partner breaches any material term or written notice of same. If this Agreement is terminated by Search Engine Partner under this Section 7.2, all balance of the then current term shall immediately become due and payable. In addition to the foregoing, Search Engine Partner reserves the right to prohibit any conduct or to remove any materials or content in violation of the TOS or which Search Engine Partner believes in its sole discretion to be illegal or potentially harmful to others or may expose Search Engine Partner to harm or liability.

7.3 No Liability for Termination. Neither party will be liable to the other for any termination or expiration of any Services of this Agreement in accordance with its terms.

7.4 Survival. The following provisions will survive any expiration or termination of the Agreement: Section 4, 5, 6, 7, and 8.

7.5 IP Address. Upon expiration, cancellation or termination of this Agreement, Client shall relinquish any Internet protocol (“IP”) numbers, address or address blocks assigned to Client by Search Engine Partner or its network services supplier (but not the URL or top level domain connected therewith). Search Engine Partner reserves, in its sole discretion, the right to change or remove any and all such IP numbers, addresses or address blocks.

8. GENERAL

8.1 Assignment. Client may not assign this Agreement or any of Client's rights or obligations hereunder without the prior written consent of Search Engine Partner, and any such attempted assignment shall be void. This Agreement shall be binding upon the parties' respective successors and permitted assigns.

8.2 Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.

If to Search Engine Partner: GetUpdated, Inc. 7777 West Glades Road Suite 100 Boca Raton, FL 33434

If to Client:

To Client address provided at account set-up.

8.3 Governing Law. This Agreement, and all future agreements Client may enter into with Search Engine Partner, unless otherwise indicated on such other agreement, will be governed by the laws of the State of Arkansas, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Search Engine Partner in Arkansas or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, Client agrees to submit to the personal and exclusive jurisdiction of the courts located within the County of Washington, Arkansas. If any part of the Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

8.4 Modifications. No modifications, amendment, supplement to or waiver of this Agreement or any exhibit hereunder, or any of their provisions shall be binding upon the parties hereto unless made in writing and duly signed by both parties.

8.5 Waiver. A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.

8.6 Severability. In the event any one or more of the provisions of the Agreement or any exhibit is invalid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.

8.7 Force Majeure. Search Engine Partner and its affiliates, agents, employees, or licensors (including third party service providers) shall not be liable for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any contingency beyond the reasonable control of such party, including without limitation, fire, flood, strike, and other industrial disturbance, failure to transport, accident, ware, riot, insurrection, act of God or order of governmental agency. Performance shall be resumed as soon as possible after cessation of such cause. However, if such inability to perform continues for fifteen (15) days, the other party may terminate this Agreement without penalty and without further notice.

8.8 Independent Contractors. The parties to this Agreement are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.

8.9 Terms of Services. Client agrees to be bound by Search Engine Partner's TOS for all Services and products used by Client. The current TOS can be found on Search Engine Partner's website at www.Search Engine Partner.com. Should Client disagree with any updates to Search Engine Partner's TOS, it is Client's responsibility to notify Search Engine Partner of Client's desire to terminate their Services immediately.

8.10 Implied Agreement. CONTINUED USE OF THE SERVICES AND/OR PRODUCTS CONSTITUTES IMPLIED AGREEMENT WITH THIS AGREEMENT AND Search Engine Partner'S TOS IN THEIR ENTIRETY. BY USING THE SERVICES, CLIENT AGREES TO BE BOUND BY ALL TERMS ASSOCIATED WITH SAID SERVICES, INCLUDING THIS AGREMEENT AND THE TOS.

CLIENT'S ONLY RECOURSE IN THE EVENT OF A DISAGREEMENT IS TO TERMINATE THIS CONTRACT IMMEDIATELY IN ACCORDANCE WITH SECTION 7 HEREIN.

8.11 Entire Agreement. This Agreement, and the exhibits reference herein, sets forth the entire agreement, and supersedes any and all prior agreements of the parties with respect to the transactions set forth herein. Neither party shall be bound by, and each party specifically objects to, any term, conditions or other provisions which are different from or in which is proffered by the other party in any correspondence or other document, unless the party to be bound thereby specifically agrees to such provision in writing.

8.12 No Party Deemed Drafter. In the event that any provision hereof is construed by a court of law or equity or an arbitrator, no provision herein shall be construed more harshly against either party as drafter.

Questions?

Any questions regarding this agreement should be sent to Search Engine Partner's sales department prior to signing up for service.

What are Resource Usage Policies?

In a shared hosting environment, a server's resources are what economists would call a common pool resource, meaning that although having plenty of available system resources benefits everyone, no single user has an incentive to ensure that they don't use too many resources themselves. In an effort to protect against the tragedy of the (server) commons, we have placed limits on the amount of a server's resources that any given user may consume. While these are limits, server abuse is not limited to these policies and is up to Search Engine Partner's discretion what constitutes server abuse. Please note that these resource policies are applicable towards shared, reseller, and semi-dedicated hosting services.

The Purpose of These Policies

Understand that these policies are in place to protect you, our customers, from poor service quality. Generally, if we need to impose a restriction on an account for resource abuse, that account is in violation of at least two of these policies (or one policy to a very serious degree) and is adversely affecting the other clients on their server. The large, large majority of sites, at least 99.5%, will never even have to take these limits into consideration. That being said, it's good to make yourself aware of them.

Enforcement

It is also important to note that many of these limits can be seen as "soft" limits. They are not actively enforced, and you can run up to or even over most of them without issue. If, however, you start to affect the overall performance of a server, we do need to have limits and policies in place. Without them it's incredibly hard to explain to the customer, in quantitative terms, exactly how a site is consuming too many system resources. If an account is found to be in violation of these Resource Usage Policies, we will do our best to work with clients to give 48 hours, 5 days, or 10 days notice depending on the severity of the violation. We reserve the right as outlined in these terms to suspend a site if it is causing a severe problem.

The Policies

Unsolicited Bulk/Commercial Email / SPAM

The use of GetUpdated, Inc. d/b/a Search Engine Partner servers and networks to transmit unsolicited bulk/commercial email (also know as spam) is strictly forbidden. Under no circumstance is the transmission of spam acceptable or tolerated.

The transmission of spam from our servers and networks can cause irreparable monetary and reputation damage. All damages caused by spamming will be prosecuted to the fullest extent of the law.

Any client caught explicitly spamming from our servers or networks will have their account immediately terminated & without notice.

General Content & Service Restrictions

Backups
Search Engine Partner's servers are not allowed be used as a backup/storage system and only one cPanel/SiteAdmin backup for that same account is allowed.

Reselling
Reselling is not allowed on Shared hosting plans. If reselling is desired, a reseller plan must be purchased.

Adult Content
Under no circumstance is adult content permitted on Search Engine Partner's servers or networks. All adult oriented pictures, videos, links, written content and similar is strictly prohibited. Should you require hosting for adult oriented content, please contact a host who specializes in this hosting realm.

Chat Applications
All interactive chat web applications are strictly prohibited on Search Engine Partner's servers. This includes but is not limited to chat applications written in PHP, Perl, CGI, Python, Ruby, etc. in addition to IRC or IRC bots. Any web application that provides'real-time' chat is not permitted. Shoutboxes, chatboxes, live chat/live help (such as but not limited to LiveZilla) and other web based chat programs other than those specifically provided by Search Engine Partner are prohibited.

Web Applications & Web Accessible Scripts
All web applications that are out of date and actively being exploited will be shut down immediately without notice. As a webmaster you should evaluate your web based applications and scripts on a regular basis to ensure they're secure and up to date.

General

  • Link farms or similar are strictly forbidden on Search Engine Partner's servers and networks. SEO farms create undue strain and resource abuse on any given server and affect all clients.
  • Banner rotation services and link exchanges are not permitted.
  • Offering Image, File, Document and Data storage, and free hosting and email services are strictly prohibited.
  • Off-site media storage is not permitted.
  • Operating a public mirror site is not permitted.
  • Running a proxy or anonymizer, whether publicly accessible or protected, is not permitted.
  • Prime bank or bank debenture-related sites, lottery sites, muds or online RPGs, hate sites, hacker-related sites, sites promoting illegal activity, IP scanner or other hacking tools, mail bombing or spam scripts, or forums and websites that distribute or promote warez content are expressly forbidden.
  • Bit torrent applications, trackers, and clients as well as any file-sharing/peer-to-peer activities are forbidden.
  • The operation of gaming servers (such as but not limited to Counter-Strike, Half-Life, battlefield1492) are forbidden.
  • Web spiders and indexers are not permitted.
  • The abovementioned services / web content create undue system load on our servers and should only be run in a dedicated server environment. All violations will be shut down immediately and may result in account suspension and/or termination.

If you have a question on whether or not your content is in violation, please email our https://www.searchenginepartner.com/sep.php for clarification.

Resource Usage Restrictions

Processes
Processes invoked by the web server, cron, shell or any other method should not exceed the following limitations:

  • Consume more than 16 MB of RAM.
  • Utilize in excess of 15 seconds of CPU time.
  • Number of open files should not exceed 64.
  • Create core dumps.
  • Number of simultaneous processes should not exceed 5.
  • Execute a script/binary that forks in a way to create a fork bomb.
  • Programs may not run in the background or listen on a network port. If you require a bot, service or daemon, you should consider a dedicated server, as very few shared web hosts allow this type of program.

Database Restrictions
  • All users are restricted to 15 concurrent MySQL connections.
  • Each database is restricted to 2 GB of disk space.
  • Database queries should not exceed 3,000 per hour.
  • Database changes (insert/update/delete) should not exceed 1,000 queries per hour.
  • Database servers should not be used as a hosted solution. Database access should only be used for the web site hosted by Search Engine Partner.
  • Remote database access is for administrative purposes only.

Files and Directories
  • The total number of inodes in an account may not exceed 75,000. Every file (a webpage, image, email, php file, directory, etc.) on your account uses up one (1) inode. This is not something we actively enforce and it will only become an issue if a client is causing problems for other people on the server. We will of course notify you if this is the case with a full explanation.
  • A directory can not contain more than 2,500 immediate child files. This includes subdirectories themselves, but does not include files contained within those directories.

Web
  • Simultaneous Apache connections may not exceed 50 from one individual source at any given time.
  • Web processes should not fork or spawn subprocesses.

Email and Mailing Lists
  • Files in excess of 10 MB should not be sent via email.
  • Processes should not send outbound mail to more than 25 recipients at any given time.
  • The maximum number of members per mailing list is 1,500.
  • POP connections are limited to 60 per hour.
  • SMTP connections (outbound email connections) are limited to 500 per hour per server account.
  • Mailing lists larger than 1,500 will require a semi dedicated, VPS, or dedicated server from us. Dividing one list into smaller parts to get around this limit is not allowed.
  • Any mailing list over 900 emails is only allowed in off peak times such as Saturday and Sunday or from 1am to 8am ET during the week.
  • Any mailing list must be throttled so that it sends an email every 6 seconds at the very minimum. If the mailing list software you are using doesn't support throttling you must use something else. We do this as this keeps the server load from going very high and causing problems for other users. If you don't do this you will be suspended.
  • We do not allow you to send to a mailing list you were given or that you bought. This is spamming and we have zero tolerance for this.
  • Any mailing list must comply with the rules set forth by the United States of America and can be found at: http://www.ftc.gov/bcp/edu/microsites/spam/.
  • No Direct SMTP mailing system scripts are permitted. Mail should be relayed through the local MTA.

Cron Jobs
  • All cron jobs must be'niced' to 15 or greater (see the Unix manpage for "nice" for more information).
  • A cron job should not execute more frequently than once every 15 minutes.

Shell
  • Our servers should not be used as an SSH bounce point to other servers/networks.
  • You may not use the Unix "find" command recursively on directories more than 5 levels deep.

Failure To Comply With Policy

Failure to fully comply with these terms is grounds for account suspension and/or termination (with or without refund, subject to Search Engine Partner's discretion). All accounts and/or servers contained within Search Engine Partner's network must adhere to the above policies.

We reserve the right to remove any account without prior notice. If we terminate your account for violating policy, you will forfeit your rights to a refund--and none will be given. No refunds for advanced payment.

Questions

The examples listed herein are a guide and may not be an exhaustive list. If you have a question on whether or not your content is in violation, please email our https://www.searchenginepartner.com/sep.php for clarification.

 

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