Terms of Service
Subject to the terms of this Agreement, and contingent on Customer's satisfaction of SECUREMIN.COM's credit approval requirements, SECUREMIN.COM agrees to provide the System administration services described in the Order for the fees stated in the Order.
SECUREMIN.COM is registered and represented by Moonshot Solutions Inc, 2035 Sunset Lake Road Suite B-2 Newark, DE 19702
The initial service term of the Agreement shall begin on the date that SECUREMIN.COM generates an e-mail message to Customer announcing the activation of the Customer's account (the 'Service Commencement Date') and shall continue for the first partial month of service plus the number of full calendar months stated in the Order (the 'Initial Term'). The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the 'Term.'
Fees: Fees are payable at the end of each month, on the first day of the new. Customer's billing cycle shall be monthly, beginning on the Service Commencement Date. SECUREMIN.COM may require payment for the first billing cycle before offering services.
Fee Increases: SECUREMIN.COM may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).
Taxes: At SECUREMIN.COM's request Customer shall remit to SECUREMIN.COM all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on SECUREMIN.COM), regardless of whether SECUREMIN.COM fails to collect the tax at the time the related services are provided.
Early Termination: Customer acknowledges that the amount of the fee for the service is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event SECUREMIN.COM terminates the Agreement for Customer's breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for SECUREMIN.COM's breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.
Refunds: All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law
We offer a variety of channels through which you can reach us for support to help you utilize the Service. Currently, we have customer service agents available to assist you 24 hours a day, 7 days a week, 365 days a year. Not all Channels of Support are available at all times. All inquiries are handled in the order in which they were received. Securemin.com does not guarantee the availability or accessibility of all of the Channels of Support. We reserve the right, in our sole discretion, to change, replace or entirely cease offering support through any one or all of the Channels of Support, at any time, for any reason or no reason, and without prior notice.
Securemin.com takes account security very seriously. This is why Securemin.com cannot provide account-specific information or assistance to any persons other than the verified Account Owner and Account Contact(s). Account-specific information is considered any nonpublic information about the Securemin.com Account, which may include, but is not limited to, Account Owner name or contact information, billing or payment information, balance owed, length of service, or types of Service being used. We are unable to offer account-specific information or assistance via Twitter. Any person other than the Account Owner or an Account Contact that contacts us seeking account-specific information or assistance will be informed that they are not listed in our records and that we cannot provide the account-specific information or assistance being sought, regardless of any purported relationship such person may claim to have with the Account Owner or an Account Contact. Notwithstanding the foregoing, even if a person represents him/herself to be the Account Owner or an Account Contact, before we will provide any account-specific information or assistance to such person, he/she will be required to validate that he/she is the person he/she is representing him/herself to be. If such person is unable to Authenticate, for whatever reason, we will be unable to provide any account-specific information or assistance. We can't make exceptions to this policy, so please don't ask. However, we are entitled to rely on the authentication information provided by individuals who contact us and successfully Authenticate into the Securemin.com Account.
Privacy and protection of backups?
We provide our services at the direction of our customers, but we have no knowledge of the data (including any personal data) that is contained in backups stored on our servers when using our services. Customers retain full ownership and custody of their data and are in control of the entire lifecycle of their backups and how such backups are classified, accessed, exchanged or otherwise processed when using our services.
With this in mind, our customers remain responsible for any personal information that is contained in backups stored on our servers. Customers must take all reasonable steps to protect the backups and to comply with laws and regulations as they may apply to the backups and the customer.
Abuse of Support
We pride ourselves on being able to provide customer support through a variety of channels, but we love our employees too and we have to be able to provide support to all of our customers. So, we maintain a zero-tolerance policy with regards to abuse of our support system. Abuse of our support system may include, but is not limited to, engaging in any threatening, abusive, offensive, defaming, harmful, profane, harassing, or unreasonably excessive communication (whether written or oral) with Securemin.com via the Channels of Support or elsewhere. Any abuse of our support system, whether originating from the Account Owner or any Account Contact, shall constitute a breach of this Agreement and the Securemin.com Account will be subject to closure with immediate effect and without prior notice.
Our systems monitor you servers 24/7 but in any way or form our engineers are not obligated to act immediately if an issue is detected. Priority response (within 30 minutes after detection) will be performed only when client uses a plan which has emergency hours. Otherwise clients must create a support ticket and request assistance from our engineers.
Customer represents and warrants to SECUREMIN.COM that the information he, she or it has provided and will provide to SECUREMIN.COM for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to SECUREMIN.COM that he or she is at least 18 years of age. SECUREMIN.COM may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
Customer agrees to indemnify and hold harmless SECUREMIN.COM, SECUREMIN.COM's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
Disclaimer of Warranties
SECUREMIN.COM DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW SECUREMIN.COM DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN 'AS IS' BASIS.
Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF SECUREMIN.COM AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
Suspension of Service: Customer agrees that SECUREMIN.COM may suspend services to Customer without notice and without liability if: (i) SECUREMIN.COM reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) SECUREMIN.COM reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay SECUREMIN.COM's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
Termination The Agreement: may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if SECUREMIN.COM fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by SECUREMIN.COM prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from SECUREMIN.COM describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
Requests for Customer Information
Customer agrees that SECUREMIN.COM may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that SECUREMIN.COM believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Back Up Copy
Customer agrees to maintain a current copy of all content hosted by SECUREMIN.COM notwithstanding any agreement by SECUREMIN.COM to provide back up services.
SECUREMIN.COM shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond SECUREMIN.COM's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on SECUREMIN.COM unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without SECUREMIN.COM's prior written consent. SECUREMIN.COM's approval for assignment is contingent on the assignee meeting SECUREMIN.COM's credit approval criteria. SECUREMIN.COM may assign the Agreement in whole or in part.
Service Level Agreement (SLA) for Managed Support Clients
This SLA covers clients who have signup for our "Managed Support" package.
We guaranteed that the our network, data centre , and power will be functioning 100% of the time on any given month, excluding for the following:
Scheduled maintenance windows, announced 24 hours in advanced.
Migrations scheduled 1 week in advanced and lasting up to 6 hours.
Factors outside our control, such as force major events, failure of our upstream providers or your ISP.
Software running within your virtual servers.
Actions of third parties, such as server compromises, denial of service attacks and viruses.
Violations of our AUP.
User activity errors.
If we fail to meet the guaranteed state above you will be eligible for a credit based on the following criteria:
For each hour after you notified support of your downtime, your account will be credited for 5% of you monthly billing total, up to 100% your total bill.