Full Terms and Conditions - 4SureLink Hosting Network

Terms of Service

These are the terms and conditions under which 4SureLink provides all wholesale Internet services ("service" or "services"). These Terms of Service act as a fully binding agreement between 4SureLink (herein "4SureLink") and each of its customers (herein "Customer").

1. The iBizPanel Hosting Automation Suite ("4SL iPanel") is located at: https://admin.4surelink.net. 4SureLink shall primarily communicate with Customer through iPanel, and/or by electronic mail to the manager contact's e-mail address as specified by Customer within iPanel. Notice of any events or changes involving Customer's service or this agreement shall be considered given at the time that such notice is posted in a prominent location within iPanel, or is sent by e-mail to Customer.

2. 4SureLink will never sell or disclose Customer's contact information or customer lists to any third party, unless required by law or specifically authorized by Customer.

3. All customers must maintain the accuracy of their contact information within iPanel. Failure to do so may result in suspension of service. 4SureLink is not responsible for any inability by Customer to access or use iPanel.

4. 4SureLink reserves the right to refuse or terminate service to anyone, at any time and for any reason, including but not limited to violation of 4SureLink's Acceptable Use Policy. Should 4SureLink terminate Customer's service for a reason other than violation of the Acceptable Use Policy, 4SureLink will issue Customer a refund for the remaining paid period of service. Under no circumstances is 4SureLink responsible for any damages resulting from termination of service.

5. 4SureLink may make changes to these Terms of Service at any time, and such changes will take effect thirty (30) calendar days after notice of the changes is given to Customer. If Customer does not agree with these Terms of Service, Customer must discontinue use of their services immediately and contact 4SureLink to cancel their account.

6. Payments are due monthly on the day that the Customer initially signed up, and 4SureLink dispatches e-mail invoices approximately seven (10) calendar days prior. If payment is not received by the due date, Customer's account will be suspended, and may incur a $25.00 reactivation fee at 4SureLink's discretion. Accounts may be deleted if they have spent eight (8) or more calendar days in a suspended state. Accounts past due may be subject to interest at the rate of 1.5% per month.

7. A $30.00 service charge applies to all returned checks, cashier's checks, or money orders.

8. Charges will be billed according to the price list currently in effect and posted within iPanel. Customer may cancel an account or service at any time and receive a full 30 day money back guarantee.

9. If any invoice or portion thereof is disputed, the invoice must still be paid in full by the due date. Any credits issued in resolution of the dispute will be applied to the subsequent month's invoice.

10. 4SureLink may modify account or service pricing at any time. Increases will take effect thirty (30) calendar days after notice has been provided to Customer. Customer may choose to cancel the account or service to avoid a price increase.

11. Bandwidth will be billed according to the 95th Percentile Rule: all data samples from a given month are sorted from highest to lowest, and the top 5% are discarded. The highest remaining data sample is the "95th Percentile" number, which will be used as the basis for calculating the bandwidth rate (if above the subscribed bandwidth level) for that month.

12. Customer is responsible for complying with United States federal, state, and local laws, and applicable laws of any other countries with which Customer uses the Internet to communicate. Customer may not participate in or support any illegal activities through the use of their service. 4SureLink does not control the content of network traffic to or from their services or network.

13. 4SureLink's services are provided as-is, and are to be used at Customer's own risk. 4SureLink provides no warranties of any kind, expressed or implied, including warranties of salability or fitness for any particular purpose. 4SureLink is not responsible for hardware or software damage, loss of wages or data, or any other financial or personal loss resulting from the use of, or inability to use, the service. Any liabilities are strictly limited to the amount of the fee(s) paid for services rendered.

14. Customer is responsible for all actions taken or caused to be taken in Customer's use of the service. As a condition of service, Customer agrees to indemnify and hold harmless 4SureLink's officers, employees, agents, shareholders, and partners from any cause of action originating from use of the service.

15. Due to the insecure nature of much of the global Internet, 4SureLink strongly suggests that credit card numbers or other personal information never be sent through e-mail or any other Internet service, unless proper encryption is used. Customer is fully liable and responsible for the security and integrity of their own services, including Internet servers. 4SureLink will not be held liable for any security breaches that may occur. Customer agrees to fully indemnify and hold harmless 4SureLink from any legal or financial claims that may result from a breach in the security of Customer's services.

16. If any portion of this agreement is found to contradict federal, state, or local laws, the remaining portions will remain in full force. Any and all disputes regarding or resulting from this agreement will be governed by the laws and courts of Los Angeles, California.

Additional terms and conditions may apply to some services; these terms are specified within the service's listing in iPanel. If you have any questions regarding our terms, conditions, and policies, please contact us.

Acceptable Use Policy

This Acceptable Use Policy has been formulated with
the following goals in mind:

Ensure the security, reliability and privacy of 4SureLink's network and systems, and the networks and systems of others.
Preserve the value of the Internet as a resource for information and free expression.
Preserve the privacy and security of Internet users.
Discourage irresponsible practices which degrade the usability of network resources and thus the value of Internet services.
Avoid situations that may cause 4SureLink to incur legal liability.
Maintain the image and reputation of 4SureLink as a responsible provider.

This Acceptable Use Policy in no way supercedes or overrides 4SureLink's Terms of Service.
A. 4SureLink operates under a strict "No Spam" policy. The sending of any unsolicited e-mail advertising messages from, to, or through 4SureLink's services may result in the imposition of civil liability against the sender, in accordance with California Business & Professions Code Section 17538.45. A copy of the California Business & Professions Code may be obtained on-line from http://www.leginfo.ca.gov. "Unsolicited bulk" messages include, but are not limited to, commercial advertising, informational announcements, and political or religious tracts.

B. The following activities are expressly prohibited, and may result in account suspension or termination:

1. Sending unsolicited bulk e-mail (UBE) which advertises a Web site, e-mail account, or other service provided by or through 4SureLink.

2. Making Usenet postings which advertise a Web site, e-mail account, or other service provided by or through 4SureLink, to any newsgroup whose charter does not specifically allow such advertisements.

3. Sending UBE or posting advertisements to Usenet (except where specifically allowed by newsgroup charters) from a service provided by or through 4SureLink.

4. Hosting "spam-friendly" Web sites, including spam software sites.

5. Harassment, whether through content, frequency, or size of e-mail or Usenet messages.

6. Sending e-mail to any person who does not wish to receive it. If a recipient asks to stop receiving email, the Customer must immediately and permanently cease to send that individual any further e-mail.

7. Forwarding or otherwise propagating chain letters or "e-mail hoaxes," whether or not the recipient wishes to receive them, unless such propagation is both solicited and in the clear context of debunking or discrediting chain letters/hoaxes.

8. Transmitting any electronic communication, including e-mail, using the name or address of another person or organization, for purposes of deception.

9. Impersonating another individual by altering source IP address information, or forging e-mail/Usenet headers or other identifying information.

10. Any attempt to fraudulently conceal, forge, or otherwise falsify one's identity in connection with use of the service.

11. Any use of another party's electronic mail server to relay e-mail without express permission.

12. Collecting replies to messages sent from another Internet service provider, where those messages violate this Acceptable Use Policy or any applicable policies of the other provider.

13. Denial of Service, including, but not limited to, any form of Internet packet flooding, packet corruption, or abusive attack intended to impact the proper functioning of any party's Internet servers or services.

14. Using 4SureLink's network, services, or systems to store or send content which is illegal according to the laws of United States of America, the state of California, the city of Los Angeles, or any International treaties respected by the United States of America, is not permitted for any reason.

Storing or sending any material deemed either illegal or inappropriate for our networks, including but not limited to child pornography related material, pirated software or music, all spam-related materials including e-mail lists, is grounds for immediate termination. Note also that any child pornography related material, whether it is determined to be legal or not. This includes simulated child pornography, non-nude child pornography, or sites linking to such material. Offenses of this nature will be reported to the federal authorities and prosecuted to the fullest extent of the law.

15. Using or storing any type of software which is designed to or is likely to abuse or negatively impact Internet service, including, but not limited to, port-scanners, hacking tools, ping flooding programs, security/root exploits, packet sniffers, and spam software.

16. Modifying, changing, or obscuring the MAC (Media Access Control) or IP (Internet Protocol) address(es) of servers or services. Doing so may be considered cause for service suspension or termination.

17. Intercepting or attempting to intercept, through any method, network traffic intended for other customers.

18. Running proxy servers, such as squid or BNC, unless they are available only to users whose verified contact information is known by the proxy operator and can be disclosed to 4SureLink or law enforcement authorities upon request. All usage of such services must be brought to the attention of the 4SureLink security team and cleared by the Security Manager before you begin running such services.

19. Any previous or current behavior, such as the sending of unsolicited e-mail, that results in the addition of 4SureLink to any e-mail blackhole lists, or otherwise negatively impacts the overall services of 4SureLink, is grounds for termination.

20. All e-mail lists operated by our customers, either advertising resources on our networks or being sent through our networks, must conform to the double opt-in standards. For more information regarding double opt-in lists and standards, please click here.

These terms and conditions are current as of 10/31/2003.
If you have any questions regarding these terms,
please contact 4SureLink
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