Terms and Conditions of Use

Terms and Conditions of Use

This agreement represents the complete agreement and understanding between Sunshine Web Hosting Inc, including its representatives and the account holder or any representatives of the account holder (herein after called 'the subscriber' or 'client') This agreement supersedes all and any other written or verbal agreements. Upon notice published on-line via Sunshine Web Hosting, Inc. services, Sunshine Web Hosting, Inc. may modify these terms and conditions, amplify them, and/or modify the prices as well as discontinue or change services which are offered, with a 30 day notice period for any payment changes all other terms and conditions will be effective immediately from the date published.

If you do not agree to these terms and conditions, please notify us immediately by contacting our Customer Service Department at once so that we may initiate a closure of your account and termination of any current agreement.

Account closures may be requested by:
Phone: 561-801-5822
Ticket Support System: Support Ticket System

Sunshine Web Hosting Inc. requests that all closure requests be duplicated in writing by postal mail to:
Sunshine Web Hosting Inc
PO Box 1491
LaBelle, FL 33975-1491

IMPORTANT: Initiation of your account shall constitute your approval and acceptance of these terms herein. Sunshine Web Hosting, Inc. (hereinafter referred to as 'the service', 'Sunshine Web Hosting' or 'Sunshine Web Hosting, Inc.', 'SWHI') neither exercises nor assumes any control over the content of the information passing through it.

Warranties, damages and liabilities

Sunshine Web Hosting, Inc, makes no warranties of any kind, whether express or implied, for the service it is providing. Sunshine Web Hosting, Inc. also disclaims any warranty of merchantability or fitness for a particular task or purpose.

Sunshine Web Hosting, Inc. will not be held responsible or liable for any damages the subscriber suffers. This includes, but is not limited to, loss of data resulting from delays, missed, delayed or lack of deliveries, mis-deliveries or service interruptions caused as a consequence of its own negligence, mismanagement or subscriber's (or their representatives) errors and/or omissions, and likewise will not be held accountable due to the fault of third parties.

The subscriber or its representatives agrees to defend, hold harmless, and expeditiously indemnify Sunshine Web Hosting, Inc. from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Agreement, and resulting from the subscriber or its representatives use of the service, both financially and reputational. The subscriber agrees that indemnity arrangements must be sufficient to cover any settlement of any claim relating to this and must where necessary make good any deficiency, for any liability against them or their representatives.

General Conditions

Access to services

Subscribers or their representatives do not have consent or authority to tamper with other accounts, or commit unauthorized intrusion into any of Sunshine Web Hosting, Inc. system, or to use any of Sunshine Web Hosting, Inc.'s machines, files, accounts, or intellectual property to intrude without permission or authorization into any other system.

Subscribers or their representatives may not use Sunshine Web Hosting, Inc. services which are not included within their account and agreement nor may they devise ways to circumvent security in order to access services that subscribers are not paying or eligible for.

Subscribers or their representatives may not use the system in a manner that encumbers disk space, processors or other system resources beyond those allowed by the specific type of account(s).

Mass mailing / subscriptions

Subscribers or their representatives may not send unsolicited mass mailings or unsolicited subscriptions. Subscribers may not flood/spam newsgroups with commercial or non-commercial postings.

Internet material

Certain Internet services may contain language, pictures, views or publications which some individuals may find offensive, inflammatory, or of an Adult nature. Sunshine Web Hosting, Inc. does not endorse such materials and disclaims any and all liability for such content.

Use of any information obtained via Sunshine Web Hosting, Inc. is at your own risk. Sunshine Web Hosting, Inc. specifically denies any responsibility for the accuracy or quality of information obtained through its services.

Sunshine Web Hosting, Inc. internet connections and all other services provided to the subscriber or its representatives by Sunshine Web Hosting may only be used for lawful purposes, and Sunshine Web Hosting, Inc is obligated to complying with law enforcement agencies investigations where applicable.

Transmission or storage of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material, obscene material, material that poses a risk to local, regional or national security.

Sunshine Web Hosting reserves the right to remove any and all materials that infringe on copyright work. Such materials may be removed at any time upon receiving a complaint and/or notice of copyright infringement, until an investigation proves otherwise.

Violation Penalties

As of November 1, 2002 a cash penalty of $200 per incident plus any applicable damages and/or legal fees may be levied against any Sunshine Web Hosting, Inc. user, subscriber or representative in violation of this policy. Subscriber in violation of this policy assumes full responsibility for any fines, legal costs or incidental costs incurred by his/her violation or the required remedy thereof.

Over-due Accounts

Accounts that remain past due for more than thirty (30) days may be suspended. Suspended accounts may be reinstated when the following criteria have been met:

  • All past due amounts have been paid
  • Account has pre-paid for one half-year (six months) service
  • Account has paid a non-refundable reinstatement charge of $75.00

Reinstatement of suspended accounts will be at the sole discretion of Sunshine Web Hosting, Inc.

Sunshine Web Hosting, Inc. requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement in full and enclose the correct payment. The parent or guardian will be equally liable for any and all requirements of this agreement.

Sunshine Web Hosting cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.

Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or Usenet/newsgroups, social networking sites, employment sites, gambling, gaming, or auction sites. No organization or entity listed in the ROKSO may be hosted on our servers. Any account that results in our IP space being blacklisted will be immediately suspended and/or terminated.

Domain registrants are additionally bound by rules issued by the ICANN accredited registrar, who's general domain policy statement is available online. Domain control panels offered by Sunshine Web Hosting are provided by any ICANN accredited registrar with whom Sunshine Web Hosting chooses to affiliate themselves. Such affiliations are subject to change and may be changed without notice.

Payment

All services must be paid in advance. Billing periods are Monthly, Bi-Monthly, Quarterly, Semi-Annually and Annually. Payments for the proximate period are due by the first day of the month in which the proximate period begins. If payment is not received within 5 days of the due date, service will be terminated and a re-connection fee equal to twice the monthly subscription rate for each service affected will be added to charges for further services.

For returned checks, a service fee of $50.00 per item will be imposed in addition to the face value of any item returned.

SWHI may opt to suspend the account in question until such fees are paid in full. Any decision to suspend an account will be at the sole discretion of SWHI management or its representatives.

Cancellation / Termination of Accounts

Sunshine Web Hosting, Inc. reserves the right to cancel its services for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis, accounting for any and all work that has been necessary to investigate or close down the subscriber’s service.

Subscriber must notify Sunshine Web Hosting in writing, at the address above, in order to cancel services. Fees for setup and the first month's service are none refundable. If the subscriber or its representatives cancels the service, no pro-rata refund will be issued if the amount to be refunded is less than one month's subscription service rate. If a term discount has been applied, and such subscriber cancellation request occurs prior to the term end period, time used will be charged at the non-discounted rate.

Termination of service shall not relieve the subscriber from the obligation to satisfy outstanding invoices. In the event Sunshine Web Hosting utilizes a collection agency or attorney to collect such sums, the subscriber shall be responsible for the payment of all of Sunshine Web Hosting's attorneys' fees and costs in pursuing the collection of these sums.

Venue for any litigation concerning the subscriber's relationship with Sunshine Web Hosting shall be in Hendry County, Florida.

Summary

This Agreement represents the entire agreement between the parties and supersedes all prior agreements, oral or written.

The Terms and Conditions of Use were last updated on August 18, 2014.