Terms and Conditions
This Terms of Service (TOS) agreement is an agreement between SharkASP.NET ("SharkASP.NET", "us", "we", "our") and you ("Customer", "Client", "Member", "you", "your", "they"). Use of any SharkASP.NET services constitutes acceptance and agreement to this Terms of Service agreement as well as the SharkASP.NET Acceptable Use Policy and Privacy Policy.
SharkASP.NET reserves the right to terminate this TOS for any reason or no reason. SharkASP.NET reserves the right to refuse service to anyone.
Service
The features and details of the Services governed by this TOS are described on our website. Throughout this TOS, the aspects of the Services provided to you by SharkASP.NET are referred to together as the "Service." Certain parts of the Service may be provided by third party vendors. These third parties may reserve the right to make changes, including material changes, to their products incorporated into our Service.
If a third party makes a change to its products, you may not terminate this TOS based on such a change, even if it materially affects the Service.
Contact Information
As part of providing you with the Service, you are required to provide accurate and up-to-date information when setting up your account and throughout our business relationship. We will communicate with you by email about the Service. You agree to provide an email address that is active and monitored daily.
SharkASP.NET has no responsibility or liability for interruptions or damages based on communications misdirected because you failed to provide valid contact information. The contact in our records is considered our customer and account administrator.
If there is a dispute, we will consider the person or entity who paid for the latest billing period to be the account owner. Resellers and reseller end users must ensure our records accurately reflect ownership and control of the Service.
Service Changes
SharkASP.NET reserves the right to amend its service offerings and add, delete, suspend, or modify the Service and Service fees at any time at its sole discretion, and to determine whether and when changes apply to existing and future customers.
Service Fees
The date of the initial online order sets the account monthly anniversary date for future billing. Adjustments may be made for orders on the 29th, 30th, or 31st. Services are provided on a prepayment basis and billed on the anniversary date. All fees are fully earned when due and non-refundable when paid.
Customer agrees that SharkASP.NET will charge Service Fees to the supplied credit card. Payments are made in US currency. Fees do not include applicable taxes; all applicable taxes will be paid by the Customer.
60 Day Money Back Guarantee
The 60-day full refund guarantee applies only to Customer's first hosting purchase. If Customer terminates this Agreement within 60 calendar days of that first purchase and requests immediate termination, Customer will receive a full refund of the annual hosting Service Fees paid when setting up the account. All subsequent hosting purchases are eligible only for a prorated refund of unused Service Fees. Setup fees, new domain registration fees, and SSL certificate fees are not refundable. Payments over 6 months old are non-refundable.
This guarantee does not apply to one-month, three-month, or six-month purchases, add-on purchases, renewals, or plan and period changes. Cancellation requests must be submitted through the control panel.
Multiple Sites
SharkASP.NET Services allow customers to order and manage multiple Sites in the Control Panel. The initial online order sets the monthly anniversary date for future billing of all Sites. New quarterly or annual Sites are synchronized to the monthly anniversary date.
One Time Fees
Any one-time fees are due and payable when incurred and are non-refundable.
Annual Fees for Domain Name Registration, Private Whois and SSL Certificates
Domain registration, Private Whois, and SSL Certificates use an annual billing cycle that may be out of sync with the Service Fee anniversary date. Customers are responsible for renewing these services manually through the control panel. SharkASP.NET will email renewal reminders.
Domain registration, Private Whois, SSL certificate, and similar annual service fees are non-refundable.
New Domain Name Registration
Customers may request that SharkASP.NET register a domain name on their behalf. SharkASP.NET is not a Domain Registrar and registers domains through a selected registrar partner.
The registration process requires passing Customer Information to the registrar partner and that information may become public. SharkASP.NET is not responsible if a domain is unavailable or if registration infringes third-party rights.
Customers must comply with the registrar's current terms, the ICANN Uniform Domain Name Dispute Resolution Policy, and ICANN registrant rights and responsibilities.
Service Credits
Service credits issued to an account will offset future hosting fees. Credits are not cashable and cannot be transferred.
Fraud Prevention
SharkASP.NET uses technologies to screen orders for fraud. New Service orders are subject to screening, and SharkASP.NET is not obligated to provide Service until all fraud-prevention requests are satisfied. Unfulfilled requests may result in suspension or cancellation.
SharkASP.NET is not responsible for liability or damage arising from a Customer's failure to meet fraud-prevention controls.
Cancellation
Customers must log in to the Control Panel and submit a cancellation request to accounting. Cancellation is effective once processed. For security and privacy, customer files, data, and email remaining after the cancellation date will be destroyed and unrecoverable.
Customers are responsible for backing up files and data and downloading email before requesting cancellation. SharkASP.NET is not responsible for liability or damage caused by destruction of data after cancellation.
Transferring Away Domain Names
Domains registered through SharkASP.NET may be moved to another registrar. A domain unlock tool is available in the control panel. Unlocking is irreversible; after a domain is unlocked, SharkASP.NET will not renew it and the customer must transfer it to another registrar to keep it active.
Refunds and Disputes
SharkASP.NET provides prorated refunds for unused service except SSL Certificates and domain purchases or transfers. Billing errors must be addressed through a billing ticket. Customer agrees not to issue chargebacks. A chargeback for services rendered results in an additional $150 charge.
Non-Payment
Payments are due in full on the anniversary date. Ten consecutive days of non-payment, including the anniversary date, results in suspension of public access. Twenty-five consecutive days results in termination and reclamation of services.
Shared-hosting files and data remaining after 25 days of non-payment will be destroyed. VPS, Cloud, and Dedicated Server data will be destroyed after 5 days of account expiration.
CPU Usage
Customer agrees not to use excessive CPU processing on SharkASP.NET servers. Violations may result in remedy action at SharkASP.NET's sole discretion, with or without notice.
Bandwidth, Disk Space, File Count and IIS Entry Limits
Usage must not exceed the amount ordered. SharkASP.NET monitors bandwidth, disk space, and file counts and may take remedy action when agreed usage is exceeded. A Resource Usage meter is provided in the Control Panel.
Basic shared hosting is limited to 50,000 files and folders; Advance to 100,000; Premium and Semi Basic to 200,000; Semi Advance to 300,000; and Semi Premium to 500,000.
Reseller plans are limited to 1,000,000 files and folders across all subaccounts and 100,000 per subaccount. Each individual hosting account may not exceed 99 IIS Entries.
System and Network Security
Customer is prohibited from violating, attempting to violate, or circumventing SharkASP.NET network security. Violations may result in civil or criminal liability. SharkASP.NET will investigate violations and cooperate with law enforcement.
Customer Content
Customer Content includes content uploaded to, submitted to, stored on, or distributed through the Services, including users' and third parties' content. Customer is solely responsible for development, operation, and maintenance of Customer Content.
Remedy Action
SharkASP.NET may take remedy action with or without notice, including removal of Customer Content, disconnection or discontinuance of Services, or termination for policy violations, non-payment, or chargeback. SharkASP.NET has no liability due to Remedy Action.
No refund will be provided for fees paid before Remedy Action. Remedy Action for spamming or Internet abuse carries a $500 cleanup fee.
Termination for Violation
We may immediately suspend Service and/or terminate this TOS for policy violations or failure to pay amounts due. This does not prejudice other rights. No notice, protest, or refund is required.
Use of the Services
Use must be reasonable and may not place excessive burdens on servers or resources. We may restrict use and charge excess fees when usage exceeds similarly situated customers. Disk space, bandwidth, connection speeds, and similar capacity figures are maximums.
Prohibited sites include adult sites, mass media or file sharing sites, mass download sites, sites with large numbers of media or image files, online file storage, and backup services.
Each shared hosting account may be used by no more than 10 companies. Customers reselling service must use a Reseller Plan.
When an account is terminated or cancelled, all files and data are destroyed and unrecoverable. SharkASP.NET has no responsibility to forward email or communications after closure.
Customer Representations and Warranties
Customer represents that it owns, licenses, or has the right to use Customer Content and that the content does not infringe third-party rights, violate law, constitute false advertising or defamation, invade privacy, or contain malicious code.
Customer represents that it has the knowledge necessary to use the Service, understands Internet risks, will use the Service without extra effort by SharkASP.NET, and will pass the Acceptable Use Policy to End Users.
License to SharkASP.NET
Customer grants SharkASP.NET a royalty-free, non-exclusive, worldwide license to reproduce, copy, use, distribute, archive, and back up Customer Content solely to provide and operate the Services. Customer retains all right, title, and interest in Customer Content.
SharkASP.NET Intellectual Property
SharkASP.NET grants Customer a non-exclusive, non-transferable, royalty-free license during the Agreement to use SharkASP.NET Technology solely to access and use the Services.
All rights not expressly granted remain with SharkASP.NET. Customer may not reverse engineer, decompile, disassemble, or attempt to derive source code or trade secrets.
SharkASP.NET trademarks, trade names, service marks, logos, names, product names, design marks, and slogans are its exclusive property and may not be used commercially without prior written consent.
Independent Contractor
SharkASP.NET and Customer are independent contractors. Nothing creates a principal, agent, partner, or joint venture relationship, and neither party may bind the other.
Feedback
Feedback, data, answers, questions, comments, suggestions, and ideas sent to SharkASP.NET about the Services are non-confidential and non-proprietary. SharkASP.NET may use, disclose, or publish them for any purpose.
Hardware and Software
Customer must provide all connectivity, computers, software, hardware, and other services necessary to access the Services. SharkASP.NET does not warrant compatibility with Customer equipment.
Governing Law and Jurisdiction
This Agreement is governed by California law without regard to conflict-of-law provisions. Both parties submit to personal jurisdiction in California. This section survives termination.
Government Regulations
Customer may not export, re-export, transfer, or make regulated items or information available outside the United States without first complying with applicable export-control laws and regulations.
Mutual Indemnification
Each party agrees to indemnify and hold harmless the other party, its affiliates, officers, directors, agents, attorneys, and employees against third-party claims arising from actual or alleged infringement or misappropriation of copyright, trade secret, patent, trademark, or other proprietary rights.
Disclaimer of Warranty
Customer uses all Services and information at its own risk. SharkASP.NET has no control over and accepts no responsibility for information passing through its computers, network, or the Internet. THE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
SHARKASP.NET AND ITS RELATED PERSONS MAKE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SERVICES MAY BE INTERRUPTED OR CONTAIN ERRORS.
SHARKASP.NET DISCLAIMS LIABILITY FOR DATA TRANSFERRED TO OR FROM CUSTOMER OR STORED BY CUSTOMER. Advice or written information does not create a warranty.
Limitation of Liability
No SharkASP.NET Person is liable where Services are accessed by third parties through illegal means, including exploitation of security gaps or flaws.
Under no circumstances is any SharkASP.NET Person liable for indirect, incidental, special, consequential, or punitive damages or loss of profits, revenue, data, or use.
No SharkASP.NET Person is liable for loss or damage arising from use or inability to use the Services, mistakes, omissions, interruptions, deleted files, lost data, errors, viruses, defects, delays, acts of God, communication failures, theft, destruction, or unauthorized access.
IN NO EVENT WILL SHARKASP.NET'S LIABILITY EXCEED THE ACTUAL SERVICE FEES PAID DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT.
SharkASP.NET cannot guarantee continuous service, service at a particular time, or integrity of stored or transmitted data, and is not liable for unauthorized access, corruption, erasure, theft, destruction, alteration, or inadvertent disclosure.
These terms survive termination.
Force Majeure
Neither party is liable for delay or default, other than failure to pay, caused by forces beyond reasonable control, including fire, flood, acts of God, labor disputes, accidents, war, terrorism, government action, transportation or communication interruptions, supply shortages, or third-party failure.
Reciprocal
Each party warrants that it has the power, authority, and legal right to enter into this TOS and perform its obligations.
Assignment
This TOS may be assigned by SharkASP.NET but may not be assigned by Customer. It binds and benefits corporate successors and permitted assigns.
No Waiver
No waiver under this TOS or another SharkASP.NET policy constitutes a subsequent waiver of that or any other right.
Entire Agreement and Severability
This Agreement is the entire agreement between the parties and supersedes previous agreements. Rights and restrictions apply only to the extent permitted by law.
If a provision is held illegal, invalid, or unenforceable, the remaining provisions remain in full force and effect.
Customer represents that it is either an individual of legal age entering this Agreement for personal use, or a valid legal entity whose representative is authorized to execute the Agreement.