Terms and Conditions of Use
This agreement represents the complete agreement and understanding between Sunshine Web Hosting, Inc. and the account holder (hereinafter called 'the subscriber' or 'client') and supersedes any other written or oral agreement. 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 offered. If you do not agree to these terms and conditions, please notify us immediately by calling our Customer Service Department, (863)801-5822, at once so that we may initiate a closure of your account.
IMPORTANT: Initiation of your account shall constitute your approval and acceptance of these terms.
Sunshine Web Hosting, Inc. (hereinafter referred to as 'the service' , 'Sunshine Web Hosting' or 'Sunshine Web Hosting, Inc.') neither exercises nor assumes any control over the content of the information passing through it. Sunshine Web Hosting, Inc., 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 responsible for damages the subscriber suffers. This includes, but is not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.
Subscriber may not tamper with other accounts, or commit unauthorized intrusion into any of Sunshine Web Hosting, Inc. system, or use any of Sunshine Web Hosting, Inc.'s machines, files or accounts to intrude without permission or authorization into any other system. Subscriber may not use Sunshine Web Hosting, Inc. services not included in subscriber's account nor may subscriber devise ways to circumvent security in order to access services subscriber is not paying for. Subscriber 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.
Subscriber may not send unsolicited mass mailings or unsolicited subscriptions. Subscriber may not flood/spam newsgroups with commercial or non-commercial postings. 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 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.
Certain Internet services may contain language or pictures 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 by Sunshine Web Hosting may only be used for lawful purposes. 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 or obscene material. Sunshine Web Hosting reserves the right to remove any and all materials which infringe on copyright work. Such materials may be removed at any time upon receiving a complaint and/or notice of copyright infringement.
The subscriber 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's use of the service.
Sunshine Web Hosting, Inc. reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis. Subscriber must notify Sunshine Web Hosting in writing to cancel service. Fees for setup and the first month's service are not refundable. If subscriber cancels 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.
Accounts which 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 quarter year (three months) service
- Account has paid a non-refundable reinstatement charge of $75.00
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 and enclose the proper payment. 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.
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.
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 one-half of the monthly subscription rate for each service affected will be added to charges for further services.
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.
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 September 1, 2008.