Terms of Service

Surfs Global reserves the right to change this policy at any time. Please check http://www.surfsglobal.com/policy on a regular basis, or when clarification is needed. Surfs Global endeavors to provide the best possible service to all our customers and in doing so will not permit any unlawful activity, abuse of our servers or any unfavorable conduct. This and other Surfs Global policies, procedures and guidelines are in effect to protect you, our other clients and ourselves from such harm.

Account

This agreement applies to all accounts, of any type (IDX, sub-accounts, resold hosting, pointers, redirections and other related services and activities) associated with you, the account holder.

This agreement will be automatically renewed each billing cycle, or renewal term. Full payment is required before any hosting services is rendered, including renewals and upgrades of service. Payment is due each billing period (one month, one quarter, bi-annually or yearly) and billing will continue until you specifically cancel your account.

Many accounts require prepayment and will therefore be billed one billing term in advance. In this case any additional charges incurred in a period that has already been prepaid, including but not limited to excess bandwidth, may be billed with the next billing period or separately.

This Agreement may be terminated by either party with or without cause upon thirty (30) days advance written notice to the other party.

Cancellations must be received in writing by fax or postal mail and may require verbal conformation (to help ensure your account can not be cancelled by someone other than yourself).

It is the clients responsibility to ensure that the account is indeed cancelled. Surfs Global will confirm the cancellation of an account by email, mail or fax. If such a confirmation is not yet received, then the account remains active and you will continue to be billed and invoiced for service. Cancellation does not absolve the client of any outstanding financial obligation and will make all outstanding obligations due on and payable by the date of cancellation.

Surfs Global reserves the right to terminate your account at any time. If a client fails to resolve an issue with any unfavorable circumstances associated with their account, or for any other reason deemed appropriate by Surfs Global, this agreement may be terminated at the discretion of Surfs Global. Whenever feasible Surfs Global will attempt to contact the client and resolve any unfavorable circumstances, however you may not be contacted before your account is deactivated should the circumstances warrant an immediate suspension of services.

If the circumstances can not or have not been resolved by the client, Surfs Global may permanently terminate the account. This involves discontinuation of services, disabling and deletion of the account and any related information stored the Surfs Global servers if:

The client violates any term of this or any other applicable agreement, any municipal, provincial or federal laws or regulations, or any policy or guideline set out by Surfs Global on this website or in other communications with the client;

The client engages in conduct or posts material on the account’s web site(s) that Surfs Global in its sole discretion believes is harmful to other clients, the business or reputation of Surfs Global or any third-party;

The client engages in any activity that could or does overwhelm the server with heavy central processing unit (CPU) usage or that requires a disproportionate amount of the resources of the Surfs Global server;

The client disputes the terms of this agreement or any amendment set out, from time to time, by Surfs Global anywhere in an amended agreement, attached schedule to this agreement, on the Surfs Global web site, or other communication of terms with the client.

Any other circumstances deemed as grounds for termination by Surfs Global

Any and all services and facilities Surfs Global may be used for legal purposes only, under all international, federal, provincial and municipal laws. Violations of this or any other provision of this agreement can result in a suspension of service leading to termination or in Surfs Global's sole discretion, an immediate termination of service. This includes, but is not limited to:

any infringement of copyright, trademark, patent, trade secret or other intellectual property right;

pornography;

any and all adult material

content that exploits children under 18 years of age;

hate propaganda;

racist, threatening, slanderous, libelous or otherwise abusive content;

the promotion or incitement of, or instructions for, the commission of illegal activities;

mail fraud, multi-level marketing schemes or any fraudulent activities;

content promoted through the sending of unsolicited email (spamming);

sending of unsolicited email (spam) from a Surfs Global server, or any other server that refers to content on a Surfs Global server, or sending such email with a Surfs Global hosted Web site listed as the contact address;

pirated software;

warez, cracks, hacks, spam software & their associated utilities;

illegal mpeg layer two or three files (MP2 or MP3) which may be considered copyright infringement;

online gambling

information or other material that contains a virus, corrupted data or any other harmful or damaging component.

Using any Surfs Global service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.

Any illegal activity, including adult content, links to adult content web sites, online gambling, spamming or hacking will result in your site being shut down.

Surfs Global does not host sites of its competitors or web pages promoting sites of its competitors.

Surfs Global will be the sole arbiter as to what constitutes a violation of this provision.

Commercial Advertising & SPAM

Surfs Global is dedicated to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: over the Surfs Global network, by customers or any other users of the Surfs Global network (including customers' customers) and/or over any network, if the message sent advertises or mentions a site hosted on the Surfs Global server.

Any unsolicited email, hate email, email bombs, or any mass email may not be found to be originated by Surfs Global or it's client accounts or to be distributed or processed by any of our clients. Also, your email address or account is subject to the same conditions. Sending of unsolicited e-mail (spam), from any account on our server or using an e-mail address or domain that is hosted or otherwise associated with our server or company operations is not allowed in any form. This policy includes any opt-in or similar email marketing programs, as such websites, email accounts and domains will not be hosted by Surfs Global. Surfs Global reservse the right to deactivate any email accounts, domains or hosting accounts that we consider detrimental to performance. If your account or any part fo your account is deactivated, you may be required to pay a re-activation fee of $60.

Accounts canceled due to Spam will be billed a clean up fee of $250.

If you have any complaints or suggestions or comments regarding SPAM on our network, please direct them via email to abuse@surfsglobal.com

Attempting to use too large a proportion of the server's resources, damage or run damaging code, comprimising security or otherwise attempting to do harm to our network and server is strictly prohibited. Surfs Global reserves the right to suspend or decativate the domain or hosting account of any offending abuse without any notice. It is the responsibility of the client to contact Surfs Global and request potential account or domain re-activation.

All hosting accounts are for use by an individual or office (multiple-agents) as specified in your Surfs Global hosting agreement. To prevent abuse of our server resource hosting accounts cannot be used to capture and sell leads to any third-party without written consent from Surfs Global.

Failure to follow any term or condition will be grounds for immediate account deactivation. Surfs Global reserves the right to refuse, cancel, or suspend service at our sole discretion and for reasons that may or may not be disclosed to the customer.

Surfs Global has a strict "No SSH" policy and any domain or other account that uses a script or other means which may be used to elevate user privileges or enable SSH , Telnet or other services, will be instantly suspended, subject to termination and a fee of up to $250.

Backups of configurations, backups of files and full backups are performed periodically. No guarantees of any kind are made, either expressed or implied, as to the regularity, scope or integrity of these backups. These backups are made for server restoration purposes only and are not intended for individual client use. It is the client's responsibility to maintain local copies of the files and data stored on the web server.

FTP is made available for the backup of such files, along with PHPMyAdmin for the backup of data stored within a database.

Clients with PLESK accounts on servers running PLESK 7.5 have the ability to backup files and other data from within the PLESK interface. While the software allows backups to be either stored on the server and/or downloaded to a local computer, we strongly recommend that clients download and maintain a complete local copy of all their data. Surfs Global does not guarantee that backups stored on the server offer any kind of protection in a situation such as a server hardware or software problem, causing complete or partial server restoration.

It is the responsibility of the client to have an adequate working knowledge of their web site operations. Please do not expect to be taught by Surfs Global support personnel to teach you how to use the software and tools at your disposal.

Problems or malfunctions of your hosting or other accounts requiring assistance from support will be acted upon only when proper support procedure is followed.

If your hosting account provides access to our PLESK 7.5 control panel, please submit any requests for support through the integrated Help Ticketing system. It is very important that your request for support is entered through this system and you select the correct category for your support ticket. Failure to use the HTS or to select the appropriate category for your request may severely delay the processing of your request.

Traffic/Bandwidth & Usage

Surfs Global customers are discouraged from storing any files that cause excessive traffic on the Surfs Global servers. Please contact Surfs Global for more information.

If the client exceeds the disk usage or data transfer limit of their hosting account, they will be billed for sufficient blocks of additional disk space or data transfer.

The client understands services are provided on a shared server and means that the client’s web site cannot overwhelm the server with heavy (CPU) usage from highly active common gateway interface ( CGI) scripts, chat scripts, other scripts or excessive bandwidth usage which interferes with Surfs Global’s ability to provide service to its other clients and users. Should a clients web site or a script or other of the client’s file(s) overwhelm the server, use a large share of server resources, the clients account will be subject to temporary suspension. If the officding item is not corrected or removed as directed, the account will be subject to immediate termination.

CGI & other Scripts

Some of our hosting account have the ablility to run scripts fro your own cgi-bin. You may use any CGI scripts within your cgi-bin folder, (as long as they are not on a list of scripts prohibited by us). If a script detrimentally affects normal server funcytionality or operation, we reserve the right to disable the CGI script to protect the server and the usibility of other hosting accounts of the customers of Surfs Global. You will be notified in 24 hours regarding any offending cgi script that has or will be disabled..

Surfs Global is not responsible for scripts that you use in your hosting account(s). Surfs Global is not responsible for ensuring your scripts opperate correctly. Surfs Global provides technical support for our servers & server related software. Any scripts included in the Plesk control panel are 3rd Party scripts and are therefore not supported by Surfs Global, however you may ask for assistance from other hsoting clients in our new support area (when available)..

Chat software such as IRC

Surfs Global does not allow IRC, IRC bots or any related programs, applications and code to be operated on our servers. This includes any applications related to these software products.

Limitations of Liability

Surfs Global is not responsible for any failures, delays or interruptions in the delivery of any content or services contained on the Surfs Global server; or losses or damages arising from the use of the content or services provided by Surfs Global, and for greater certainty and without limitation to the generality of the foregoing:

Surfs Global liability to the client for actual damages for any cause whatsoever, regardless of the form of action will be limited to a maximum of the fees paid by the client to Surfs Global, for the prior 1, 3, 6 or 12 months (whichever is appropriate);

In no event will Surfs Global be liable to the client for any indirect, incidental or consequential damages arising out of the service or in connection with the client web site or any other services or products provided to or by the client;

Surfs Global, its officers, directors, owners, agents and employees, shall in no way be liable to the client or anyone else for any loss or injury resulting from use of the service or the Client's web site;

In no event shall Surfs Global be liable for any damages, whatsoever, as a result of the notifying any official of potentially illegal content on the web site, providing copies of the client's web site to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;

In no even shall Surfs Global be liable for any damages, whatsoever, as a result of the termination of this agreement.

Severability

If any provision of this Agreement is held to be invalid, illegal or unenforceable, all other provisions will nevertheless continue in full force and effect.

Indemnification

As a client, you agree not to harm Surfs Global, its reputation, computer systems, programming and/or other Account Holders using Surfs Global's services. Surfs Global reserves the right to select the computer for the client’s web site for best performance. If the client breaches this Agreement, then Surfs Global has the right to terminate service without any refunds of the unused portion prepaid by the client.

The client agrees to indemnify and hold harmless both Surfs Global and other clients from any and all claims an/or costs (including legal costs) resulting from the clients use or abuse of their service in any manner. If at any time, the client breaches any part of this contract and Surfs Global has to engage the services of an attorney, then the client will pay any and all of the Surfs Global's reasonable attorney fees and court costs. The client agrees to indemnify and hold Surfs Global harmless from and against, and to reimburse Surfs Global with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees and costs of investigation) of every nature whatsoever incurred by Surfs Global by reason of or arising out of or in connection with (i) any breach of this Agreement by the client, (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual propriety right of any party by content on the Site, or (iii) illegal, libelous, slanderous, dangerous or defamatory content on the website.

Surfs Global does not offer any warranty or guarantee other than those expressly stated in the Terms of Service.

Surfs Global reserves the right to amend our Terms and Conditions at any time and without notice.

Right to Refuse Service

Surfs Global reserves the right to refuse services to any client. In the event that a client does not abide by the provisions set out in this agreement or if Surfs Global deems the client to be a hindrance to Surfs Global, the client will be blacklisted and Surfs Global will not provide any services to the client in the future. In such an event, Surfs Global may give the client up to 15 (fifteen) calendar days notice to find another provider for their web hosting needs.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Surfs Global reserves the right to refuse services to any potential client, even before any services have been provided to the client.

Surfs Global is not a real estate company. We maintain a real estate database in order to provide property search engines and email notifier programs to the public and to our client base of independent Realtors.

We do not provide any personal identifiable information to any third party. Your personal information is kept confidential.

We do not engage in spam of any kind. All email addresses in our system are kept confidential.

All property information provided through our system is obtained directly from an MLS system, which retains the copyright on all information related to those properties. No property data will be passed on to a third party for commerical purposes.