US Server Net, LLC Terms of Service

US Server Net, LLC Terms of Service

The following terms and conditions govern all use of the US Server Net, LLC (which hereafter may be referred to as "USSN") website(s) and all content, services and products available at or through the website, USServerNet.Coop. The Website is owned and operated by US Server Net, LLC, a web hosting cooperative company. (“US Server Net, LLC”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, US Server Net, LLC’s Operating Agreement and Privacy Policy) and procedures that may be published from time to time on this Site by US Server Net, LLC (collectively, the “Terms of Service Agreement”). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by US Server Net, LLC, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

Your US Server Net, LLC Account and Site. Your membership will be be approved and your site will be provisioned within three (3) working days after your membership application is submitted. Your site will include our current standard configuration and collection of both open source and premium add-ons. Your login credentials and a complete list of installed and available components will be provided to you at that time.

You are responsible for maintaining the security of your account and the content installed, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. USSN may remove content that it considers inappropriate or unlawful, or otherwise likely to cause US Server Net, LLC liability. You must immediately notify US Server Net, LLC of any unauthorized uses of your site, your account or any other breaches of security. USSN will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Acceptable Use Policy. If you operate a site, comment on a site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio or video file(s), downloadable document(s), or computer software. By making Content available via US Server Net, LLC services, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party; your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other websites, and similar unsolicited promotional methods; your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own or legally represent; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by USSN or otherwise. Without limiting any of those representations or warranties, US Server Net, LLC has the right (though not the obligation) to, in US Server Net, LLC’s sole discretion (i) refuse or remove any content that, in US Server Net, LLC’s reasonable opinion, violates any US Server Net, LLC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in US Server Net, LLC’s sole discretion. US Server Net, LLC will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal

General Terms. Paid services such as hosting packages, dedicated IP addresses, SSL certificates, or domain purchases that may be available on the Website (any such services, "Hosting" or an “Upgrade”) -- By selecting Hosting and/or any Upgrade, you agree to pay US Server Net, LLC the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for service and will cover the use of that service for a monthly or annual subscription period as indicated. All fees are non-refundable unless specifically stated otherwise.

Automatic Renewal. Unless you notify USSN before the end of the applicable subscription period that you want to cancel a membership or an Upgrade, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Membership and upgrades can be canceled at any time by written notification (by postal mail or from the Membership dashboard).

Payment Method. Payment is accepted via Credit Card or PayPal. Payments must be initiated via the Membership area of this Website. Invoices must be paid in full to prevent a disruption of service. Invoice past due notifications will be sent to the primary email address stored for the membership.

Cancellation and Refunds. Cancellation requests must be submitted by postal mail or from within the Member dashboard. A confirmation will be sent upon processing of the cancellation. Refunds will be prorated and are permitted within the first 30 days for first time members. USSN services rendered beyond the initial thirty day period are non-refundable. Refunds will not be permitted for members who deliberately violate this agreement or those who use US Server Net, LLC resources for malicious purposes including the sending of unsolicited spam, distributing malicious content, or storing and distributing copyrighted materials. If an account is suspended for lack of payment for a period that exceeds thirty days the content stored will be subject to removal and the services will be terminated. Submission of a cancellation request will result in the removal of all data stored under the account in question. Upon completion of a cancellation request there will be no means of reopening the original account to reclaim data. If services are desired following a cancellation a new order would be required and a new account would be provisioned.

Backups and Data Loss. USSN will perform daily WordPress database backups of member sites. More frequent backups may be available at the express request of a member. While USSN will strive to ensure that the loss of data will not take place, we cannot guarantee the availability of a backup for all content stored or distributed via our services. USSN will make available and restore any member site from its most recent site backup in the event a member site restoration is requested or required.

Uptime Guarantee and Service Level Agreement (SLA). We guarantee a 99% uptime for the hosting services provided. In the event that an unscheduled service disruption were to occur, a credit of one month's service will be provided upon request. Scheduled maintenance and upgrades will be communicated as early as possible to members. Any maintenance or upgrades that are not deemed critical or time sensitive will be performed during off-peak hours whenever possible. Notifications for scheduled maintenance will be sent to the primary email address on file.

Responsibility of Members. US Server Net, LLC has not reviewed, and cannot review, all of the material, including computer software, uploaded to US Server Net, LLC servers, and cannot therefore be responsible for that material’s content, use or effects. By hosting content, US Server Net, LLC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. US Server Net, LLC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages hosted on USSN servers, as well as that of those that link to US Server Net, LLC. US Server Net, LLC does not have any control over those non-US Server Net, LLC websites and webpages, and is not responsible for their contents or their use. By linking to a non-USSN website or webpage, US Server Net, LLC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content, including but not limited to maintaining strong passwords of at least 12 characters and containing a mix of upper and lower case letters, numbers, and symbols. USSN disclaims any responsibility for any harm resulting from your use of non-US Server Net, LLC websites and webpages.

Copyright Infringement. As US Server Net, LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by US Server Net, LLC violates your copyright, you are encouraged to notify US Server Net, LLC. USSN will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. US Server Net, LLC will terminate a member’s access to and use of the Website(s) if, under appropriate circumstances, the member is determined to be a repeat infringer of the copyrights or other intellectual property rights of USSN or others. In the case of such termination, US Server Net, LLC will have no obligation to provide a refund of any amounts previously paid to US Server Net, LLC.

Intellectual Property. This Agreement does not transfer from US Server Net, LLC to you any US Server Net, LLC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with US Server Net, LLC. US Server Net, LLC, USServerNet.Coop, USSN, the US Server Net, LLC logo, and all other trademarks, service marks, graphics and logos used in connection with US Server Net, LLC, or the Website are trademarks or registered trademarks of US Server Net, LLC or US Server Net, LLC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any US Server Net, LLC or third-party trademarks.

Advertisements. US Server Net, LLC will not display advertisements within your content. Hosting services are subscription based and ad-free.

Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

Changes. US Server Net, LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Revision history will be maintained on-line and active members will be notified via the email address on file of changes to these terms. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. USSN may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Disclaimer of Warranties. The Website is provided “as is”. US Server Net, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither US Server Net, LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.

Limitation of Liability. In no event will US Server Net, LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to US Server Net, LLC under this agreement during the twelve (12) month period prior to the cause of action. US Server Net, LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the US Server Net, LLC Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to indemnify and hold harmless US Server Net, LLC, its contractors, and its licensors, and their respective Advisory Board members, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.