Thank you for choosing SecuredSpeed. By using our products, services and sites you agree to the following terms, conditions, policies, guidelines or amendments thereto known as the Terms of Service. SecuredSpeed reserves the right to modify the Terms of Service without notice.
1. Use of SecuredSpeed Products and Services
You may use any of our services, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other jurisdictions. In order to access certain services, you are required to provide current and accurate identification, contact, and other information as part of the registration process. You are responsible for maintaining the confidentiality of your account information, and are responsible for all activities that occur under your account. You are solely responsible for all content on your account. You agree to immediately notify SecuredSpeed of any unauthorized use of your account or any other breach of security. SecuredSpeed will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.
2. Acceptable Conduct
You agree that you are responsible for maintaining your own account. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, files, attachments or other materials (Content) are the sole responsibility of the account from which such Content originated. SecuredSpeed reserves the right, but does not assume the responsibility, to monitor or review any Content on SecuredSpeed services. You agree that you are responsible for the conduct of all users of your account and any Content that is created, transmitted, stored, or displayed by, from, or within your account while using SecuredSpeed services and for any consequences thereof. You agree to use SecuredSpeed services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts SecuredSpeed services or servers or networks connected to SecuredSpeed services.
3. Prohibited Usage
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that SecuredSpeed will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse of System Resources:Misuse of system resources, including but not limited to employing programs that consume excessive CPU time, network capacity, disk I/O, or storage space. Stress tests, hardware benchmarking, mining, folding, and other computationally expensive programs are prohibited.
Unsolicited Communications:Sending unsolicited bulk messages utilizing our network. Generating a significantly higher volume of outgoing e-mail than a normal user. Using a non-existent email return address. Open E-mail relaying. Sending out unsolicited email from any other network that points to a SecuredSpeed server.
When a spamming related complaint is received, SecuredSpeed will investigate and shutdown the account that is spamming. A $250 charge for violating this policy will be charged to the individual initiating the spam. Furthermore, SecuredSpeed reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should SecuredSpeed choose to pursue and prosecute.
High Load Game Servers:Game servers that use an excessive amount of CPU or Disk I/O (example: Minecraft).
Access to Other Computers or Networks without Authorization:Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
Torrents:We generally allow torrenting services as long as the activity is legal under U.S. law. Please rate limit your download/upload speed as it can consume excessive disk I/O resources. Running trackers is prohibited. Any site dealing in any illegal torrent activities including copyright infringement under US law may face termination. URL downloader(s) and website/file copying utilities are also prohibited. SecuredSpeed will issue a $100 research/clean up fee for any client that is found dealing in any prohibited torrent activity. tl;dr Torrents are generally fine, just make sure its legal and you are not abusing the disk I/O.
IRC:We generally allow IRC services on our servers unless these services are used for malicious activity in any way. We do ask that our users keep a quiet policy if they do run these services. Any server that receives denial of service attacks or causes disruptions to other clients may face termination. If we recieve abuse reports or complaints about your IRC services we will ask you to discontinue these services.
TOR:TOR nodes or relays are prohibited.
Network Attacks:All network attacks (incoming and outgoing). Even if the target is your own website/server/service.
Other Activities viewed as Illegal or Harmful:Engaging in illegal activities or engaging in activities harmful to the operations of SecuredSpeed or the customer. Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message. Engaging in activities, whether lawful or unlawful, that SecuredSpeed determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
Providing False Data on any Contract or Application:Including fraudulent use of credit card numbers.
4. Account Cancellation or Suspension
SecuredSpeed may cancel or suspend your access to SecuredSpeed services at any time and for any reason without notice. Upon cancellation or suspension, your right to use the service will stop immediately. You may not have access to data that you stored on the service after we suspend or terminate the service. You are responsible for backing-up your data that you use with the service. Cancellation of the service by you will not alter your obligations to pay all charges due to SecuredSpeed at the time of cancellation.
5. Basic Management
Our Basic Management is limited to critical issues regarding your physical server hardware, server network, and server virtualization platform. This may also include basic troubleshooting of your freshly installed Operating System. We may assist you with other issues, but such support is not guaranteed and may incur an advanced technical support fee (upon the clients approval). In the event of a need for an advanced technical support fee, payment for the first hour is required prior to any work being performed. Additional management, including but not limited to: server configuration, control panel installation/setup, and software installation/setup, is the sole responsibility of the end user.
6. Charges and Billing
You agree that SecuredSpeed shall be permitted to charge your credit card/debit card/bill me later account/paypal account on a monthly basis in advance of providing its services or as needed for prepayments, for your subscription fee, any applicable sales taxes, and any other charges you may incur in connection with your use of SecuredSpeed services. The monthly subscription fee is billed in full on the first day of your paid subscription and monthly thereafter, unless and until you cancel your subscription. If your billing date lands on a day not contained in a given month, you will be billed on the last day of that month. For example, if your paid subscription began on March 31st, your next billing date would be April 30th.
SecuredSpeed is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by SecuredSpeed. Currency exchange settlements will be based on agreements between you and the provider of your credit card. In addition, we do not give pro-rated refunds for unused time if cancellation is initiated during the middle of a billing cycle.
When a PayPal dispute, chargeback, or other payment dispute occurs, services are suspended (and/or permanently terminated) until the payment dispute is resolved and any payment and/or associated fees are paid in full.
All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. The costs of any returns if permitted will be at your expense, unless otherwise provided by applicable law.
Bitcoin payments may be used exclusively for the purposes of paying for services or account credit. Bitcoin payments are non-refundable.
7. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SECUREDSPEED SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE SECUREDSPEED SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO SECUREDSPEED SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE MONETARY LIABILTY OF SECUREDSPEED AND ANY OF ITS AGENTS, SUPPLIERS, EMPLOYEES, OR AFFILIATES IN CONNECTION WITH THE SECUREDSPEED SERVICES , UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL NOT EXCEED THREE TIMES ONE MONTHS RECURRING FEE FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM AS OF THE TIME OF THE OCCURRENCE OF THE EVENTS GIVING RISE TO THE CLAIM.
8. Exclusions and Limitations
Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited.
9. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF SECUREDSPEED SERVICES SHALL BE AT YOUR SOLE RISK. ALL SERVICES PROVIDED BY SECUREDSPEED ARE AVAILABLE AS IS WITHOUT WARRANTIES OR GUARANTEES APPLIED.
You agree to defend, indemnify and hold harmless SecuredSpeed, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the SecuredSpeed services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that use of our services caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the SecuredSpeed services.
You agree that SecuredSpeed may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on SecuredSpeed services. SecuredSpeed reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
13. GENERAL INFORMATION
Entire Agreement. The Terms of Service (including any policies, guidelines or amendments that may be presented to your from time to time) constitute the entire agreement between you and SecuredSpeed and govern your use of SecuredSpeed services, superceding any prior agreements between you and SecuredSpeed for the use of SecuredSpeed services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SecuredSpeed services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms of Service and the relationship between you and SecuredSpeed shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and SecuredSpeed agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Erie, New York.
Waiver and Severability of Terms. The failure of SecuredSpeed to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of SecuredSpeed services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.