Billing Terms & Service Agreement
1.
Server Set-Up and Updating. Verio will initially configure the Web server and the hosting
account for use. After the hosting
account is configured, Suburbeon customers will be solely responsible for all
account content management.
2.
Maintenance Services.
Verio will perform maintenance services as Verio determines reasonably
necessary to maintain the continuous operation of the hosting account. Suburbeon acknowledges on behalf of itself
and its customers that such maintenance may require Web server and hosting
account downtime. Verio will attempt to
provide prior notice of the maintenance downtime, except when circumstances
beyond Verio's control limit Verio's ability to do so.
3.
Account Usage.
Customers shall not use (i) excessive amounts of CPU
processing on any of Suburbeon’s Web servers or (ii) bandwidth or disk usage in excess
of the number of megabytes per month ordered by Suburbeon or customer (or by
Suburbeon on behalf of its customer), as applicable. Any violation of this policy may result in corrective action by Suburbeon, in its
sole discretion, including assessment of additional charges or disconnection or
discontinuance of any and all Services to Suburbeon or its non-compliant
customer(s). In the event that Suburbeon
elects to take any corrective action customer(s) shall
not be entitled to a refund of any fees paid in advance prior to such corrective
action.
4.
Web Site.
Suburbeon customers are to be solely responsible for (a) the development, operation,
and maintenance of customer’s, as applicable, Web site and
products and all content and materials appearing online or on
customer’s products, as applicable, including without limitation (i) the
accuracy and appropriateness of content and materials appearing within the Web
site or related to customer’s products, as applicable, (ii)
ensuring that the content and materials appearing within the Web site or
related to customer’s products, as applicable, do not violate
or infringe upon the rights of any third party, (iii) ensuring that the content
and materials appearing within the Web site or related
customer’s products, as applicable, are not libelous or otherwise illegal; (b)
the final calculation and application of shipping and sales tax; (c) accepting,
processing, and filling any customer orders, and for handling any customer
inquiries or complaints arising therefrom; and (d) the security of any customer
credit card numbers and related customer information its customer,
as applicable, may access as a result of conducting electronic commerce
transactions through the Web server software.
5.
IP Address Ownership.
Verio shall maintain and control ownership of all IP numbers and
addresses that may be assigned to Suburbeon or its customers by Verio and Verio
reserves, in its sole discretion, the right to change or remove any and all
such IP numbers and addresses.
6.
Caching.
Suburbeon’s customers shall contain an express (i)
grant by each customer, to Verio (directly or indirectly through Suburbeon) of a
license to cache the entirety of customer’s Web site (including content
supplied by third parties) hosted by Verio under its agreement with Suburbeon
and (ii) agreement that such caching is not infringement of any of Suburbeon’s
customers’ intellectual property rights or any third party’s intellectual
property rights.
7.
Billing.
(a)
Suburbeon customers agree to pay a monthly Service Fee for the services Suburbeon provides based upon the current Price Schedule. The Service Fee is billed to customer at the
beginning of each month and is due no later than the 20th day of the month in
which the Service Fee is billed.
Customer’s first month of service will be prorated according to the number of days customer had an active account during the first month. The Service Fee is subject to adjustment,
with notice, according to the current Price Schedule.
(c)
Payment for services can be made with business or personal checks. Suburbeon also accepts International Money Orders, Money Orders, wire transfers sent directly to the Suburbeon office set
forth on the invoice.
All payments should be posted in United States dollars. A $15.00 service charge will be applied for all credit card disputes or
chargebacks and/or returned checks.
(d)
Balances not paid by the 20th of the month in which the invoice is dated will be considered past due. Accounts that are past due may be disabled at our
discretion. However, customers are notified (based on provided contact information) and given a predetermined
amount of time to pay any outstanding balances before accounts are disabled. Each time an account is disabled by Suburbeon’s
service staff, customer must pay a $25.00 service charge plus the full amount of any then outstanding balance on the account before the account will be
reactivated.
(e)
Delinquent accounts may be forwarded to an outside collection agency at any time. If customer’s
account is forwarded to an outside collection agency for further pursuit of an outstanding balance, customer may be assessed a $10.00 late payment fee. Any questions relating to billing or past
due issues may be directed to Suburbeon’s service staff.
(f)
Account reconciliations will still be allowed for up to 60
days after the original date of the invoice in question. As such, customer does not forfeit the right
to question an invoice once it has been paid.
If payment is received on time, and afterwards (within the 60-day time
frame) customer discovers a bona-fide error on the part of Suburbeon and notifies Suburbeon
of this error, such error can then be corrected. However, if customer is
responsible for the error (i.e., a typo in the domain name), customer must
contact our service department immediately, but in no event later than within 3
days of the error, in order to receive a credit for the error. Suburbeon reserves the right to issue or not
issue adjustments for any invoices disputed during or after the 60-day time
period.
(g)
If customer orders Suburbeon monthly recurring services after the
first day of the month, Suburbeon will prorate the first month's service fee. Only the first month's service fees are
prorated. All monthly service charges
thereafter are billed for the entire month and, as referenced above, are not
prorated upon cancellation (including if such cancellation is in connection
with a downgrade in service to/from another Suburbeon service).
(h)Daily invoices will be sent via e-mail confirming the services
ordered that day.
(i)
Requests for modifications to an account, or anything that
requires a charge or invoice, must be made either via the Suburbeon Backroom, or
requested from Verio service staff.
(j) All customers are responsible for backing up their own files separately. Suburbeon will provide three levels of backup, the first two on disk, and the third on tape. Should customers need to restore files from a backup found on the primary and secondary backups, there will be no charge. There is a service charge of $100.00 for each file retrieval from the tertiary backup, or the tape backup.
8.
Support.
(a)
Suburbeon is the first
line of support for our customers.
Verio Support Staff is always available to our Suburbeon, but Verio
support staff cannot work directly with the customers of our Suburbeon.
(b)
Suburbeon support staff is
largely responsible for supporting the customers by isolating specific problems that may be encountered while using
the Servers. However, Suburbeon support staff cannot and will not
focus large amounts of time fulfilling programming-specific CGI script requests
(this includes debugging) or customizing the Server and related programs in any
way for customers’ specific requirements not agreed upon and paid for.
(c)
Suburbeon support staff will
troubleshoot specific programming problems that may be encountered insofar as
they are related to installation and configuration in the Server
environment. However, Suburbeon support
staff will not offer technical support for third-party vendor products
that are not documented on Suburbeon’s Web site.
If Suburbeon customers have a problem related to such third-party
applications which is not specific to installing or running the program on one of
Verio’s Servers, customers must refer its questions to the vendor of the
affected program.
Last Modified April 30, 2002
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