Terms of Service

Sagemind Solutions provides web hosting to many clients, and we have a responsibility to protect each client and to provide the The following guidelines were designed to ensure these obligations are met.

This Services Agreement (the "Terms of Service") contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by Sagemind Solutions (the "Services"). As used in this Agreement, "Sagemind Solutions" means Sagemind Solutions and "Client", "you", or "your" means you. By clicking on the "Order Now" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Sagemind Solutions web site. As referred to in this Agreement, "Site" refers to a World Wide Web site.
Content
The customers, clients or users are solely responsible for any information contained on their homepages, web pages or web sites. However, if complaints are received regarding language, content or graphics contained on your homepage, web pages, or web sites, Sagemind Solutions may, at its sole discretion, remove the homepage, web pages, files or web site hosted on Sagemind Solutions servers and terminate your service and/or your access.

Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Sagemind Solutions from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all our servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Sagemind Solutions will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging our servers or any other server on the internet. Links to such materials are also prohibited.

Unlawful content is that which violates any law, statute, treaty, regulation, or lawful order. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material that violates the privacy rights or property rights of others (copyrights or trademarks, for example).

Examples of unacceptable content or links: Pirated software hacker programs or archives, warez sites, Any Site that consumes more than 10% of system resources.

Following are a list of sites that will often require more than 10% of our systems resources: Multiple domains residing at a single IP address, domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.), and domain accounts offering download files.

We are not saying that your web site can not contain such files, however if at any time they consume 10% or more of our systems resources you will be contacted to resolve the problem.

All users are responsible for their files, including MySQL databases. A backup option to download a copy of their website is provided for everyone in the online control panel. We recommend users to schedule regular backups of their websites. Although we provide regularly scheduled backups of data, we do not guarantee the availability of such data.
Commercial Advertising / Email
You may not use your account to send unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it.

You may not use your account to collect responses from unsolicited bulk or commercial e-mail sent from accounts with other providers. Forging, altering or removing electronic mail headers is prohibited. You may not send numerous copies of the same or substantially similar message, nor may you send very large messages or files to a recipient, with the intent to disrupt a server or account ("mail bombing").

You may not use electronic mail to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving email, you must not send that person any further messages. You may not forward or otherwise propagate chain letters, whether or not such messages solicit money or other items of value, and whether or not the recipient wishes to receive such mailings.

Not every "flame" message or angry exchange of email or newsgroup posting can automatically be considered harassment. Sagemind Solutions is not responsible for the content or tone of any email or other transmissions of the subscribers to its service or other parties using the Internet. Subscribers or others should not expect that Sagemind Solutions will attempt to mediate or otherwise become involved in any particular disagreement or dispute between Internet users. The Internet is a network intended for use by mature, adult users. All users should recognize this principle and undertake at all times to act with respect, courtesy and responsibility, giving due regard to the interests and rights of other Internet users, groups, and networks. We expect and appreciate the use of common sense and good judgment while using the network.
Chat Rooms
We provide a chat room program for all accounts on our system. Please contact us before running any other 3rd party chat room program.
Background Running Programs
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
Backups
You will have the ability to reinstate files which are automatically archived by Sagemind Solutions; however, Sagemind Solutions does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, you are responsible for making back-up files in connection with its use of the Services. Backup capability is available through the control panel.
Server Abuse
You are responsible for any misuse of your account, even if a friend, family member, guest or employee committed the inappropriate activity. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

For security purposes the listed account holder, and/or the listed account administrator are the only authorized individuals that may request edits, changes, or information for the account. Authorization to release information and/or edit and/or make changes from anyone other than the listed account holder and/or the listed account administrator must be received in writing. Your password provides access to your account. It is your responsibility to keep your password secure. Passwords must contain at least six characters, and should contain at least one number or symbol, should contain both uppercase and lowercase letters, and should not be based on any word found in the dictionary or on any personal information (name or birth date, for example). Your password should not be the same as your user id. Sharing your password and account access with unauthorized users is prohibited.

You should take care to prevent others from using your account since you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account ("cracking"). This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

Users who violate systems or network security may incur criminal or civil liability. Sagemind Solutions will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Billing
Because services are provided on a monthly basis, the client will be responsible for service fees incurred each month regardless of when the client provides notice of termination. On virtual accounts, the first billing will be prorated. The prorated amount will be based on the date your account was activated. If you use our online signup form, you will be charged for the rest of the current month and the following month. For customers not paying via credit card, upon receipt of your monthly invoice all payments should be made through PayPal.

We will issue invoices between the 1st and 7th of each month via e-mail. If payment is not received within 10 days after the invoice date, your account will be suspended and a follow-up reminder will be sent out. You will then have an additional 5 days to make payment. If we have not received payment within those 5 days and you have not contacted us to make other arrangements, your account will be terminated. Once your account is terminated, all data is lost and a new account would need to be established. Sagemind Solutions shall be entitled to immediately terminate/suspend service for client's failure to make timely payments to Sagemind Solutions. In the event of an early termination or a suspension of an account, no refund will be issued. Charges for usage by customer beyond the base amount of usage contained in customer's service plan shall be billed extra and shall be paid for by the client to prevent suspension of the account. Pre-authorized Payment by credit card is the preferred method of payment.
Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
30 Day Money Back Guarantee / Refunds
All shared hosting accounts come with 30 day money back guarantee. If you choose to terminate your account within 30 days of signing up, you will receive a full refund. You need to notify us through the Help Desk within 30 days after your initial signup to receive a full refund. We will terminate the account immediately upon notification, so make sure to backup your data if needed. Refunds will NOT be issued if there was a violation of our Terms of Service.
Network and Server Uptime Guarantee
Sagemind Solutions offers an industry high SLA (Service Level Agreement) with 99.90% network and server uptime guarantee. We guarantee that your data will always be on the right path, with no more than .10% packet loss on our network. Although we strive for a 0% packet loss network, the Internet is unpredictable but we've taken steps to minimize any network loss. We also offer a 99.90% server uptime guarantee. Our servers will be online, and accessible 99.90% of the time, every month. If we fail to meet our guarantee, please submit a request to our Customer Service department requesting a credit. Failure to meet our guarantees result in a 10% credit for your next invoice. Additional 10% credits will be awarded for every .50% downtime, up to 100% of your monthly fee.
Account Activation
Sagemind Solutions reserves the right to change its services without notice including but not limited to access procedures, hours of operation, menu structures, commands, documentation, and services offered. Notice of modifications to this Terms of Service will be posted to this Sagemind Solutions Web page. Customers are encouraged to review the current Terms of Service on a regular basis. Customer's use of Sagemind Solutions network after such notice shall constitute Customer acceptance of such modifications. Customer understands that Sagemind Solutions services may be interrupted for several reasons, including but not limited to malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse. Customer understands that it may not receive advance notification of any such interruption of service. There will be no refunds for scheduled or unscheduled service interruptions of less than 24 hours duration. At its sole discretion, Sagemind Solutions may elect to provide a pro rata or additional/extension of service refund for service interruptions of greater than 24 hours. Sagemind Solutions reserves the right at its sole discretion to delete any information entered into Sagemind Solutions network computer systems by Customer. Sagemind Solutions and its authorized representatives shall retain the right, but shall not be obligated, to review / accept / reject publicly viewable information.
Limitation Of Liability
LIMITATION OF LIABILITY ALL SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED THEREBY. Sagemind Solutions is not responsible for Customer's files residing on the Sagemind Solutions network. Customer is responsible for independent backup of all such data at a site determined by customer. Sagemind Solutions cannot and does not exercise any control whatsoever over the information passing through its network or through the Internet. Sagemind Solutions is in no way responsible for any data loss or damage arising from viral infection from the Internet. Sagemind Solutions and/or contributors shall have no liability whatsoever to you for any claim(s) relating in any way to: your inability or failure to perform research or related work or to work properly or completely, or any lost profits or consequential, exemplary, incidental, indirect or special damages relating in whole or in part to your rights hereunder or use of, or inability to use, Sagemind Solutions's Internet Services. Sagemind Solutions will not be responsible for any damage suffered by you, including, but not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via Sagemind Solutions's Internet Services is at your sole risk. Sagemind Solutions specifically disclaims any responsibility for the accuracy or quality of information obtained through Sagemind Solutions's Internet Services. As a user you are warned that some Internet sites accessible via the Sagemind Solutions network allow posting, retrieval, and/or electronic mailing of materials that may be considered obscene or objectionable. Sagemind Solutions is not responsible for inadvertent or deliberate access to such material and cannot prevent access of such material. It is recommended that each customer closely monitor use of his/her account especially in the case of potential use or misuse by minor children. Accounts for minor children must be opened by a parent or legal guardian with their explicit consent. Sagemind Solutions network services may be used only for lawful purposes. Transmittal of any material in violation of any international, federal or state regulation is prohibited. This includes, but is not limited to: copyrighted materials, material legally judged to be threatening or obscene, or material protected by trade secret or software protected by copyright. You agree to indemnify and hold harmless Sagemind Solutions from any claims resulting from your use of the service that damages you or another party. Any access to other networks through the Sagemind Solutions network must comply with the rules appropriate for the other network. Violation of the rules of other networks is grounds for account cancellation. This includes, but is not limited to, mass Usenet posting, Usenet cross-posting, mass emailing, and/or the sending of unsolicited email, commercial or otherwise. Sagemind Solutions And its affiliates shall not be liable under any legal theory (including tort or contract) for any direct, indirect, incidental, special or consequential damages in any way related to the product or services provided. Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Sagemind Solutions be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work-stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages even if Sagemind Solutions has been informed of the possibility of such damages, or for any claim by any other party.
Disclaimer
Sagemind Solutions cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Thus, certain equipment, routing, software, and programming used by Sagemind Solutions are not directly owned or written by Sagemind Solutions. Moreover, Sagemind Solutions holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Sagemind Solutions sees fit.
Final
By activating your account with Sagemind Solutions, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer.

NOTICE: If you sign up for an account and do not follow our terms. No refunds will be given. We will however let you know by email or phone before any action is taken and you will have a chance to solve the matter.
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