Terms of Service

The Web Hosting General Terms and Conditions Agreement (”Agreement”) governs the terms of use of the web hosting service (”Service”) described on this website (”http://www.supportbank.com”) for use by Customers (”Customer”) offered by SupportBank (”Provider”). The Agreement is made between Customer and Provider whenever Service is requested or ordered by Customer. The Agreement is maintained independently of any other agreement between Provider and Customer, even if Provider and Customer are engaged in other Service Agreements or arrangements such as professional services, software development, or web development.

Definitions

Software Hosting. An Internet web hosting service rendered by Provider that includes the installation, maintenance, repair, and the 24 hour Internet connection of one or more shared or physical computers for use by Customer.

Network Transfer. A finite amount of Provider’s network transfer (bandwidth) capability for use by Customer using the Services requested by Customer.

Technical Support. Technical phone and electronic support is provided only to Customer’s authorized Contacts (”Contacts”). Technical Support does not include computer training, software training, or any other general technical or Internet training.

Fees

Setup fee. Customer agrees to pay in full the amount of any non-recurring one-time setup fees listed in the Service description prior to any server provisioning, equipment acquisition or installation by Provider.

Recurring fee. Customer agrees to pay any recurring fees listed in the Service description one term in advance each anniversary date.

Term. This Agreement shall be effective as long as Customer or Customer’s contacts continue to use Provider’s Service. Customer shall pay any applicable federal, state or local use, franchise, excise, sales or privilege taxes, duties, fees or similar liabilities chargeable to or against Provider resulting from the services furnished by Provider.

Acceptable Use . Customer’s use of Provider’s services is further governed by the Provider’s Web Hosting “Acceptable Usage Policy” (”AUP”) which promotes safe computing practices. Provider may at its sole discretion change, update and revise the AUP. Notice of change will be sent to the primary email address contacts in Provider’s Customer database. Notification will not be delivered by phone or US Mail. The AUP is maintained at the following URL: http://www.supportbank.com/aup

Term

Cancellation. Security measures have been put in place to insure the safe cancellation of all customer related services. In the event that a Service or Account needs to be closed, customers should send a request to cancelations@supportbank.com and they will be provided with a “Termiation Agreement” form within 48 hours. The terminiation agreement form should be completed and returned to SupportBank with in 72 hours. Once the form is recieved, a SupportBank representative will contact you and setup a plan for system closure and delivery of your data. You will be billed up to the end of your billing cycle from the day your system shuts down. Requests to close by FAX or phone are not accepted.

Other

Compliance with Law. Customer will use the Services offered by Provider in a manner consistent with all applicable local, state and federal laws and regulations.

Common Carrier. Provider and Customer agree that Provider is solely acting as a common carrier in its capacity of providing services hereunder, is not a publisher of any material or information and has no right to edit or censor the material at the Servers in use by the Customer. Provider is not responsible nor pre-approves any of Customer’s website content. All material submitted by Customer for publication will be considered publicly accessible. Provider does not screen in advance Customer’s material submitted to Provider for publication. Provider’s publication of material submitted by Customer does not create any express or implied approval by Provider of such material, nor does it indicate that such material complies with the terms of this Agreement.

Availability of service. Customer understands and agrees that interruptions of Hosting Services may occur due to scheduled maintenance and repair by Provider, or by strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts , power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other causes beyond Provider’s control, as defined by standard practices in the industry. Customer agrees that under no circumstances will Provider be held liable for any financial or other damages due to such interruptions. In no event shall Provider be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. Such failure or delay shall not constitute a default under this Agreement.

Limitation/Disclaimer of Liability. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or services its customers may utilize.

DISCLAIMER OF WARRANTIES. PROVIDER’S SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER’S SERVICE TO CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CUSTOMER TO PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.

Indemnity.

(a) Customer agrees to defend, indemnify and hold Provider harmless from and against any and all claims, obligations, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) incurred by Provider arising from or due to claims made by third parties (including customers of Customer) that are related to or arising out of: (a) false advertising claims against Customer (or customers of Customer), (b) liability claims for products or services sold by Customer (or Customer’s customers) any other transactions between Customer and third parties, or (c) any content submitted by Customer for publication by Provider. The preceding sentence excludes any third party claims due to the negligence of Provider in connection with providing products or services to Customer under this Agreement.

(b) Provider agrees to defend, indemnify and hold Customer harmless from and against any and all claims, losses, liabilities and expenses (including reasonable attorneys’ fees and costs ) incurred by Customer arising from or due to claims made by third parties (including customers of Customer) relating to (a) claims alleging Provider’s infringement of the proprietary rights of third parties; or (b) Provider’s contractual relationship with any third party providers of services or products to Provider in connection with the services and products provided under this Agreement. The preceding sentence excludes any third party claims due to the negligence of Customer in connection with the transactions contemplated by this Agreement.

Force Majeure.

Provider shall not be liable to Customer or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts , power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.

Liability of Customer

Any mistakes, accidents, omissions, interruptions, delays, errors or defects in transmission or Service which are caused or contributed to, directly or indirectly, by an act or omission of the Customer or by the use of Customer-provided facilities or equipment, or by the use of facilities or equipment furnished by any other person using Customer’s facilities which are connected to Provider’s facilities, shall not result in the imposition of any liability upon Provider and Customer shall pay to Provider any reasonable costs, expenses, damages, fees or penalties incurred by Provider as a result thereof, including costs of local exchange company, labor and materials.

Nondisclosure

Provider and Customer shall use their best efforts to keep the provisions (including price) of the Agreement from the public, competitors, or others who may gain benefit from such knowledge unless required by law to divulge such information to regulatory authorities or unless required in connection with enforcing that party’s rights hereunder.