Legal Agreements & Policies


This page contains links to current business policies & agreements for the products & services available through SocialPoint24. To view any of the documents presented on this page, click on the links.

SOCIALPOINT24
UNIVERSAL TERMS & SERVICES

Complete Terms of Service/User Agreement and Privacy Policy must be agreed to prior to purchase.

Overview

  • SocialPoint24 does not allow pornographic material.
  • SocialPoint24 does not allow unsolicited email and requires opt-in list managers to include at least one single action method of unsubscribing in each email. We reserve the right to limit incoming or outgoing email at any time.
  • SocialPoint24 reserves the right to terminate your account at any time without a refund. Reasons for termination include, but are not limited to:

bulletsAbuse of the machines – either intentional or due to improper coding.
bulletsCommitting or Promoting any type of illegal activity including fraud, mailbombing, denial of service attacks, storing and/or housing and/or linking to illegal content, including but not limited to, “warez”, “hacking”/”cracking”/”key generators”.
bulletsThe Services to traffic in illegal drugs, gambling and/or obscene materials.
bulletsThe Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party.
bulletsFurthermore, SocialPoint24 reserves the right to terminate your account if at any time your site has pornography and/or nudity of any kind, including but not limited to, adult pornography, Anime, child pornography, “adult content” and/or the written word of a sexual nature.
bulletsUse of ad-servers attempts to circumvent the quota system owned by ‘nobody’, certain podcasting sites, use of torrent software, proxies, excessive resource usage or ‘core dumping’.
bulletsAttempts to circumvent any of our security policies, procedures or systems.

User Agreement

This User Agreement (“Agreement”) is an agreement between SOCIALPOINT24, (“Company”) and the party set forth in the related order form (“Customer” or “You”) incorporated herein by reference (together with any subsequent order forms submitted by Customer, the “Order Form”), and applies to the purchase of all services ordered by Customer on the Order Form (collectively, the “Services”).

PLEASE READ THIS AGREEMENT CAREFULLY.

BY SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN CUSTOMER AND COMPANY, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT AND YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING COMPANY’S USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

Acceptable Use Policy. Under this Agreement, Customer shall comply with Company’s then current Acceptable Use Policy (“AUP”), as amended, modified or updated from time to time by Company, which currently can be viewed under the Legal Details section of this web site, and which is incorporated in this Agreement by reference. Customer hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. The company does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by Customer via the Service (the “Customer Content”). Customer Content includes the content of Customer’s customers and/or users of Customer’s website. Accordingly, under this Agreement, You will be responsible for Your customers’ content and activities on Your website. Notwithstanding anything to the contrary contained in this Agreement, Company may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the AUP. In the event Company takes corrective action due to a violation of the AUP, Company shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that Company shall have no liability to Customer or any of Customer’s customers due to any corrective action that Company may take (including, without limitation, disconnection of Services).

Term; Termination; Cancellation Policy.

A. The initial term of this Agreement shall be as set forth in the Order Form (the “Initial Term”). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. Additionally, AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE COMPANY TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the “Term”.

i. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel, you acknowledge, agree and authorize SocialPoint24 to continue billing your credit card and you remain responsible for any uncollected amounts.

ii. Additionally, in an effort to ensure your domain registration renewal processes successfully, SocialPoint24 may process the renewal charge up to two weeks in advance of your expiration date unless you explicitly request otherwise.

B. This Agreement may be terminated

i. by either party by giving the other party thirty (30) days prior written notice subject to a minimum $50.00 charge as an early cancellation fee payable by Customer,

ii. by Company in the event of nonpayment by Customer,

iii. by Company, at any time, without notice, if, in Company’s sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of the this Agreement and related agreements, AUP, or Customer’s use of the Services disrupts or, in Company’s sole and absolute discretion and/or judgment, could disrupt, Company’s business operations and/or

iv. by Company as provided herein.

C. If You cancel this Agreement, upon proper notice to Company, prior to the end of the Initial Term or any Term thereafter,

i. You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation;

ii. Company may (but is not obligated to) refund to You all pre-paid fees for basic hosting services for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees and any discount applied for prepayment, provided that, You are not in breach of any terms and conditions of this AUP, User Agreement, Spamming Policy or Domain Policy; and/or

iii. You shall be obligated to pay one hundred percent (100%) of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above). Any cancellation request shall be effective thirty (30) days after receipt by Company unless a later date is specified in such request.

D. The company may terminate this Agreement, without penalty,

i. if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable; or

ii. immediately, if Company determines that Customer’s use of the Services, the Web site or the Customer Content violates any Company term or condition, including this AUP, User Agreement, Spamming Policy, or Domain Policy. If Company cancels this Agreement prior to the end of the Term for Your breach of this Agreement and related agreements, including the AUP, User Agreement, Spamming Policy, or Domain Policy or Customer’s use of the Services disrupts our network, Company shall not refund to You any fees paid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, You shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and Company shall have the right to charge You an administrative fee of a minimum of $50.00.

E. Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. The provisions of Sections 2(e), 3, 4, 10, 11, 13, 15 and 16 of this Agreement shall survive the expiration or termination of this Agreement for any cause or reason whatsoever, and, notwithstanding the expiration or termination of this Agreement, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which Company may be entitled.

Customer’s Responsibilities.

A. The customer is solely responsible for the quality, performance and all other aspects of the Customer Content and the goods or services provided through the Customer Web site.

B. Customer will cooperate fully with Company in connection with the Company’s performance of the Services. Customer must provide any equipment or software that may be necessary for Customer to use the Services. Delays in Customer’s performance of its obligations under this Agreement will extend the time for Company’s performance of its obligations that depend on Customer’s performance on a day for day basis. Customer will notify Company of any change in Customer’s mailing address, telephone, electronic mail or other contact information.

C. Customer assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the Customer Web site and any goods or services described therein, as well as any rules, terms or conditions of use.

D. Because the Services permit Customer to electronically transmit or upload content directly to the Customer Web site, Customer shall be fully responsible for uploading all content to the Customer Web site and supplementing, modifying and updating the Customer Web site, including all back-ups. The customer is also responsible for ensuring that the Customer Content and all aspects of the Customer Web site are compatible with the hardware and software used by Company to provide the Services, as the same may be changed by Company from time to time. Specifications for the hardware and software used by Company to provide the Services will be available on Company’s Web site. Customer shall periodically access Company’s Web site to determine if Company has made any changes thereto. Company shall not be responsible for any damages to the Customer Content, the Customer Web site or other damages or any malfunctions or service interruptions caused by any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware and software used by Company to provide the Services.

E. The customer is solely responsible for making back-up copies of the Customer Web site and Customer Content.

Customer’s Representations and Warranties.

A. Customer hereby represents and warrants to Company, and agrees that during the Initial Term and any Term thereafter Customer will ensure that:

i. Customer is the owner or valid licensee of the Customer Content and each element thereof, and Customer has secured all necessary licenses, consents, permissions, waivers and releases for the use of the Customer Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by Company to pay any fees, residuals, guild payments or other compensation of any kind to any Person;

ii. Customer’s use, publication, and display of the Customer Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any “moral right” or similar right however denominated;

iii. Customer will comply with all applicable laws, rules, and regulations regarding the Customer Content and the Customer Web site and will use the Customer Web site only for lawful purposes; and

iv. The customer has used its best efforts to ensure that the Customer Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.

B. Customer shall be solely responsible for the development, operation and maintenance of Customer’s web site, online store, and electronic commerce activities, for all products and services offered by Customer or appearing online and for all contents and materials appearing online or on Customer’s products, including, without limitation

i. the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products,

ii. ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and

iii. ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Customer shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its web site and online store.

C. Customer grants Company the right to reproduce, copy, use and distribute all and any portion of the Customer Content to the extent needed to provide and operate the Services.

D. In addition to transactions entered into by Customer on Your behalf, Customer also agrees to be bound by the terms of this Agreement for transactions entered into on Customer’s behalf by anyone acting as Customer’s agent, and transactions entered into by anyone who uses Customer’s account, whether or not the transactions were on Customer’s behalf.

License to Company. Customer hereby grants to Company a non-exclusive, royalty-free, worldwide right and license during the Initial Term and any Term thereafter to do the following to the extent necessary in the performance of Services under the Order:

A. digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the Customer Content; and

B. make archival or back-up copies of the Customer Content and the Customer Web site.

C. Except for the rights expressly granted above, Company is not acquiring any right, title or interest in or to the Customer Content, all of which shall remain solely with Customer.

D. Company, in its sole discretion, reserves the right (i) to deny, cancel, suspend, transfer or alter, modify, correct, amend, change, program, or take any other corrective action to protect the integrity and stability of the Services (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software or related abusive activity, Customer Content and/or web site(s)), and/or (ii) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or to avoid any liability, civil or criminal. Customer further agrees that Company shall not be liable to Customer for any loss or damages that may result from such conduct.

Billing and Payment.

A. Customer will pay to Company the service fees for the Services in the manner set forth in the Order Form.

B. The company may increase the Service Fees (i) in the manner permitted in the service description and (ii) at any time on or after the expiration of the Initial Term.

C. The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on Company’s net income). All such taxes will be added to Company’s invoices for the fees as separate charges to be paid by Customer. All fees are fully earned when due and non-refundable when paid.

D. Unless otherwise specified, all fees and related charges shall be due and payable within thirty (30) days after the date of the invoice. If any invoice is not paid within five (5) days after the date of the invoice, Company may charge Customer a late fee of $10.00 for; in addition any amounts payable to Company not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less.

E. If Company collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if Company prevails in any action to which the Customer and Company are parties, Customer will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Company’s reasonable attorneys’ fees.

F. If any check is returned for insufficient funds Company may impose a minimum processing charge of $25.00.

G. In the event that any amount due to Company remains unpaid five (5) days after such payment is due, Company, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.

H. There may be a minimum $50.00 charge to reinstate accounts that have been suspended or terminated.

I. Wire transfers will be assessed a minimum $35.00 charge.

J. There may be a minimum $35.00 charge to for all credit card chargebacks.

K. Customer acknowledges and agrees that Company may pre-charge Customer’s fees for the Services to its credit card supplied by Customer during registration for the Initial Term.

L. YOU ACKNOWLEDGE, AGREE AND AUTHORIZE COMPANY TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN SECTION 2.

Internet Protocol (IP) Address Ownership. If Company assigns Customer an Internet Protocol (“IP”) address for Customer’s use, the right to use that IP address shall belong only to Company, and Customer shall have no right to use that IP address except as permitted by Company in its sole and absolute discretion in connection with the Services, during the term of this Agreement. Company shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Company, and Company reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

Caching. Customer expressly grants to Company a license to cache the entirety of the Customer Content and Customer’s web site, including content supplied by third parties, hosted by Company under this Agreement and agrees that such caching is not an infringement of any of Customer’s intellectual property rights or any third party’s intellectual property rights.

CPU Usage. Customer agrees that Customer shall not use excessive amounts of CPU processing on any of Company’s servers. The maximum number of files is 50,000 per account. Any violation of this policy may result in corrective action by Company, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Company’s sole and absolute discretion. If Company takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

Bandwidth and Disk Usage. Company shall provide Customer with a large volume of bandwidth, disk space and other resources, such as email and/or file-transfer-protocol (“FTP”) accounts. The Services are intended for normal use only. Any activity that results in excessive usage inconsistent with normal usage patterns is strictly prohibited. Customer agrees that such bandwidth and disk usage shall not exceed the amounts set by Company for the Services (the “Agreed Usage”). These allotments are optimized and dedicated to serving the Content and Customer’s electronic mail services related solely to Customer’s web hosting account(s) with Company. Customer shall not use any bandwidth and/or disk usage for materials other than the Customer’s Web site, Customer Content and/or Customer’s electronic mail services. For example, Customer may not use bandwidth or disk usage as an offsite storage area for electronic files or as a provisioning service for third party electronic mail or FTP hosts. The company will monitor Customer’s bandwidth and disk usage. The company, in its sole discretion, shall have the right to take any corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage or other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of Customer’s Web site, Customer Content, Customer’s electronic mail services and/or other materials or termination of this Agreement, which actions may be taken in Company’s sole and absolute discretion. If Company takes any such corrective action under this section, Customer shall not be entitled to a refund or credit of any fees paid prior to such action. Customer will comply with all applicable laws, rules and regulations regarding Customer’s Web site, Customer Content and/or Customer’s electronic mail services and will each, including bandwidth, disk space, and other resources only for lawful purposes. Customer may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law; the Services to export encryption software to points outside the United States in violation of applicable export control laws; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If Company learns or discovers that Customer is violating any law related to Customer’s Web site, Customer Content and/or Customer’s electronic mail services, use of bandwidth, disk usage or Agreed Usage, Company may be obligated to inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to Customer, Customer’s Web site, Customer Content and/or Customer’s electronic mail.

Domain Services. In addition to the applicable terms and conditions contained herein:

A. If Customer signs up to register and park a domain name with Company, Customer agrees to pay Company the annual fee a set forth on our web site (the “Domain Services”). Customer’s annual billing date will be determined based on the month Customer establishes the Domain Services with Company. Payments are non-refundable. If for any reason Company is unable to charge Customer’s payment method for the full amount owed Company for the service provided, or if Company is charged a penalty for any fee it previously charged to Your payment method, Customer agrees that Company may pursue all available remedies in order to obtain payment. Customer agrees that among the remedies Company may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to Customer of Customer’s service. Company reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service and disputes that require legal services. These charges will be billed to the payment method we have on file for Customer.

B. Customer agrees to be responsible for notifying Company should Customer desire to terminate use of any of the Domain Services, including, but not limited to, those purchased. Notification of Customer’s intent to terminate must be provided to Company no earlier than thirty (30) days prior to Customer’s billing date but no later than ten (10) days prior to the billing date. In the absence of notification from Customer, Company will automatically continue the Domain Services indefinitely and will charge Customer’s payment method that is on file with Company, at Company’s then current rates. It is the Customer’s responsibility to keep their payment method information current, which includes the expiration date if using a credit card. In the event Customer terminates the Domain Services, moving their web site off of the Company hosting servers is Customer’s responsibility. The company will not transfer or FTP such web site to another provider. Any change by Customer of their name-server is not deemed cancellation of the Parked Page Services.

C. The company will provide Customer with the Domain Services as long as Customer abides by the terms and conditions set forth herein and in each of Company’s policies and procedures.

D. By using any of the Domain Services, Customer agrees that Company may point the domain name or DNS to one of Company’s or Company’s affiliates web pages, and that they may place advertising on Customer’s web page and that Company specifically reserves this right. Customer shall have no right to any compensation and shall not be entitled and shall have no right to receive any funds related to the monetization of Customer’s Domain Services.

E. Customer agrees to indemnify and hold harmless Company for any complications arising out of use of the Domain Services, including, but not limited to, actions Company chooses to take to remedy Customer’s improper or illegal use of a web site hosted by Company. Customer agrees it is not be entitled to a refund of any fees paid to Company if, for any reason, Company takes corrective action with respect to any improper or illegal use of the Domain Services.

F. If a dispute arises as a result of one or more of Customer’s Domains, Customer will indemnify, defend and hold Company harmless for damages arising out of such dispute. Customer also agrees that if Company is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a web site hosted by Company, that Company, in its sole discretion, may take whatever action Company deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.

Property Rights.

A. Company hereby grants to Customer a limited, non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of this Agreement, to use Company technology, products and services solely for the purpose of accessing and using the Services. Customer may not use Company’s technology for any purpose other than accessing and using the Services. Except for the rights expressly granted above, this Agreement does not transfer from Company to Customer any Company technology, and all rights, titles, and interests in and to any Company technology shall remain solely with Company. Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Company.

B. Company owns all right, title and interest in and to the Services and Company’s trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the related hardware, software and systems (“Marks”). Noting in this Agreement constitutes a license to Customer to use or resell the Marks.

Disclaimer of Warranty. Customer agrees to use all Services and any information obtained through or from Company, at Customer’s own risk. Customer acknowledges and agrees that Company exercises no control over, and accepts no responsibility for, the content of the information passing through Company’s host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF COMPANY, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, AN “COMPANY PERSON”) MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT COMPANY PROVIDES. NO COMPANY PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. COMPANY IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA, TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER’S CUSTOMERS VIA THE SERVICES PROVIDED BY COMPANY. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY COMPANY PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.

Limited Warranty.

A. Company represents and warrants to Customer that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by Company generally to its other customers for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions. Customer will be deemed to have accepted such Services unless Customer notifies Company, in writing, within thirty (30) days after performance of any Services of any breach of the foregoing warranties. Customer’s sole and exclusive remedy, and Company’s sole obligation, for breach of the foregoing warranties shall be for Company, at its option, to re-perform the defective Services at no cost to Customer, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue Customer a credit in an amount equal to the current monthly service fees pro rated by the number of hours in which the Services have been interrupted. The company may provision the Services from any of its data centers and may from time to time re-provision the Services from different data centers.

B. The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of Company’s reasonable control; (b) that resulted from any actions or inactions of Customer or any third parties; or (c) that resulted from Customer’s equipment or any third-party equipment not within the sole control of Company. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND COMPANY HEREBY EXPRESSLY DISCLAIMS THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY SOFTWARE PROVIDED TO CUSTOMER HEREUNDER IS PROVIDED “AS IS” WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.

Limitation of Liability.

A. IN NO EVENT WILL COMPANY’S LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SERVICE FEES PAID TO COMPANY BY CUSTOMER DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

B. COMPANY CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. COMPANY WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.

C. EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.

D. The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other legal theory (including strict liability), other than claims based on fraud or willful misconduct. The limitations contained in Section 15(c) shall not apply to Customer’s indemnification obligations.

E. Notwithstanding anything to the contrary in this Agreement, Company’s maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

F. Customer understands, acknowledges and agrees that if Company takes any corrective action under this Agreement because of an action of Customer or one of its customers or a reseller, that corrective action may adversely affect other customers of Customer or other reseller customers, and Customer agrees that Company shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by Company.

G. This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.

Indemnification. Customer agrees to indemnify, defend and hold harmless Company and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to Customer’s use of the Services, (ii) any violation by Customer of the AUP, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.

Circuit Court Procedure Rules.

If a client has suffered damages or the company has breached the contract, the client has the right to seek compensation by filing a complaint with the Circuit Court Clerk in Greene County, Tennessee.

A. Purpose of the Rules.  Rules are followed by the 3rd Judicial District of Tennessee Circuit Court Rules.  These rules are intended to provide for the just determination of every proceeding. They shall be construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay. These rules may be suspended or waived at any time the Court determines that justice so requires.

B. Application of the Rules.  Each rule is applicable to the Circuit Courts of the Third Judicial District, State of
Tennessee.  The district is composed of Greene, Hamblen, Hancock, and Hawkins counties.  Each rule is applicable in all types of cases unless otherwise indicated by a particular rule. Each rule is applicable both to the pro se party (a/k/a “self- represented litigant”) and to members of the bar. The Rules of the Supreme Court, the Rules of Appellate Procedure, the Rules of Civil Procedure, the Rules of Evidence, as well as applicable statutes, shall control in the event of any conflict between same and these Local Rules. The rules are divided into three parts; Part Three apply to civil proceedings only.

C. WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING IN COURT IN ACCORDANCE WITH THIS  AGREEMENT.

D. Dispute Resolution. For all Disputes, you must first give SocialPoint an opportunity to resolve the Dispute. You must commence this process by emailing a notification to contact@socialpoint24.com.  That notification must include (1) your name, (2) your address, (3) a description of the Dispute, and (4) a description of the specific relief you seek. If SocialPoint does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in court.

E. Civil Procedures. All civil actions are commenced by filing a complaint with the clerk of the court. An action is commenced within the meaning of any statute of limitations upon such filing of a complaint, whether the process is issued or not issued and whether the process is returned served or unserved. If the process remains unissued for 90 days or is not served within 90 days from issuance, regardless of the reason, the plaintiff cannot rely upon the original commencement to toll the running of a statute of limitations unless the plaintiff continues the action by obtaining issuance of new process within one year from issuance of the previous processor, if no process is issued, within one year of the filing of the complaint. [As amended July 1, 1979 and January 24, 1992, effective July 1, 1992, and by order adopted January 28, 1993, effective July 1, 1993; and by order filed February 1, 1995, effective July 1, 1995; and by order effective July 1, 1997; and by order effective July 1, 1998, and by order filed January 6, 2005, effective July 1, 2005.]

F. For civil litigation for Disputes of less than $25,000, the Tennessee Code Title 16 – Courts Chapter 15 – Courts of General Sessions  Part 5 – Jurisdiction  16-15-501 – (d)(1) General jurisdiction will apply.

G. Costs. 

(1) Costs included in the bill of costs prepared by the clerk shall be allowed to the prevailing party unless the court otherwise directs, but costs against the state, its officers, or its agencies shall be imposed only to the extent permitted by law.

(2) Costs not included in the bill of costs prepared by the clerk are allowable only in the court’s discretion. Discretionary costs allowable are: reasonable and necessary court reporter expenses for depositions or trials, reasonable and necessary expert witness fees for depositions (or stipulated reports) and for trials, reasonable and necessary interpreter fees not paid pursuant to Tennessee Supreme Court Rule 42, and guardian ad litem fees; travel expenses are not allowable discretionary costs. Subject to Rule 41.04, a party requesting discretionary costs shall file and serve a motion within thirty (30) days after entry of judgment. The trial court retains jurisdiction over a motion for discretionary costs even though a party has filed a notice of appeal. The court may tax discretionary costs at the time of voluntary dismissal. In the event an appeal results in the final disposition of the case, under which there is a different prevailing party than the prevailing party under the trial court’s judgment, the new prevailing party may request discretionary costs by filing a motion in the trial court, which motion shall be filed and served within thirty (30) days after filing of the appellate court’s mandate in the trial court pursuant to Rule 43(a), Tenn. R. App. P.

H. Location of Circuit Court. You may initiate litigation in either Greene County, Tennessee or in the federal judicial district that includes the address that you provide in your written notification of Dispute Resolution. In the event that SocialPoint initiates litigation, it may only do so in the federal judicial district that includes the address that you provide in your written notification of Dispute Resolution.

I. Limitation of Procedural Rights.  For civil cases and procedures, such as lawsuits and judgments, Tennesse imposes a time limit called a “statute of limitations.” For instance, you must file a lawsuit within six (6) years of time for actions on contracts. If you fail to do so, you automatically forfeit your right to file suit. Refer to Tennessee Code Title 28. Limitation of Actions § 28-3-109.

You understand and agree that, by entering into this  Agreement, you and SocialPoint are each agreeing to the right of a non-jury trial before a judge in a public court. In the absence of this Agreement, you and SocialPoint might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery. The right to appellate review of a judge’s decision is much more unlimited in court, and in general, a judges’ decision may be appealed for errors of fact or law.

J. Continuation. Continuances must be requested by a written motion, which must be timely filed and heard. Motions based upon the representation of a non-lawyer must be supported by the sworn affidavit of the non-lawyer.

Miscellaneous.

A. Independent Contractor. Company and Customer are independent contractors and nothing contained in this Agreement places Company and Customer in the relationship of principal and agent, master and servant, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party or to obligate or bind the other party in any manner whatsoever.

B. Governing Law; Jurisdiction. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Services will be governed by the laws of the state of Tennessee, U.S.A., excluding its conflict of law provisions.

C. Headings. The headings herein are for convenience only and are not part of this Agreement.

D. Entire Agreement; Amendments. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations, and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of Customer or Company, the terms, and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by an authorized representative of Customer and Company. This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms of Service may be modified from time to time by Company in its sole discretion, which modifications will be effective upon posting to Company’s web site.

E. Severability. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

F. Notices. All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, upon receipt if delivered by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties’ signatures. Either party may change its address or facsimile number for purposes of this Agreement by notice in writing to the other party as provided herein. The company may give written notice to Customer via electronic mail to the Customer’s electronic mail address as maintained in Company’s billing records.

G. Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

H. Assignment; Successors. Customer may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of Company. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. The company may assign its rights and obligations under this Agreement and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

I. Limitation of Actions. No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than two years after the cause of action has arisen.

J. Counterparts. If this Agreement is signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If this Agreement is signed electronically, Company’s records of such execution shall be presumed accurate unless proven otherwise.

K. Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

L. No Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Customer acknowledges and agrees that Microsoft, and any supplier of third-party supplier that is identified as a third-party beneficiary in the Service Description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against Customer as if it were a party to this Agreement.

M. Government Regulations. Customer may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction Customer operates or does business.

N. Marketing. Customer agrees that during the term of this Agreement Company may publicly refer to Customer, orally and in writing, as a customer of Company. Any other public reference to Customer by Company requires the written consent of Customer.


Domain Registration Agreement

THIS REGISTRATION AGREEMENT (“Agreement”), is between SocialPoint24. (“SocialPoint24”) and you, on behalf of yourself or the entity you represent (“Registrant”), as offered through the Reseller participating in SocialPoint24’s distribution channel for domain name registrations. Any reference to “Registry” or “Registry Operator” shall refer to the registry administrator of the applicable top-level domain (“TLD”). This Agreement explains SocialPoint24’s obligations to Registrant, and Registrant’s obligations to SocialPoint24, for the domain registration services. By agreeing to the terms and conditions set forth in this Agreement, Registrant agrees to be bound by the rules and regulations set forth in this Agreement, and by a registry for that particular TLD.

DOMAIN NAME REGISTRATION. Domain name registrations are for a limited term, which ends on the expiration date communicated to the Registrant. A domain name submitted through SocialPoint24 will be deemed active when the relevant registry accepts the Registrant’s application and activates Registrant’s domain name registration or renewal. SocialPoint24 cannot guarantee that Registrant will obtain a desired domain name, even if an inquiry indicates that a domain name is available at the time of application. SocialPoint24 is not responsible for any inaccuracies or errors in the domain name registration or renewal process.

FEES. Registrant agrees to pay Reseller the applicable service fees prior to the registration or renewal of a domain. All fees payable hereunder are non-refundable even if Registrant’s domain name registration is suspended, canceled or transferred prior to the end of your current registration term.

TERM. This Agreement will remain in effect during the term of the domain name registration as selected, recorded and paid for at the time of registration or renewal. Should the domain name be transferred to another registrar, the terms and conditions of this Agreement shall cease.

EXPIRATION, RENEWAL, AND FORFEITURE. The registered domain name will expire on the expiration date specified in the registration term, and as communicated to the Registrant. The registrant will receive reminders immediately prior to the expiration inviting Registrant to renew the domain name. In the event that Registrant fails to renew the domain name in a timely fashion, the registration will expire and SocialPoint24 may, at its discretion, elect to assume the registration and may hold it in its own account, delete it, or sell it to a third party. During the period following the expiration of a domain name, the domain name will cease to resolve, the Whois registration records may be revised to include that of SocialPoint24 or its reseller, and visitors to Registrant’s website may be directed to a default web page. This default web page may feature advertisements posted by SocialPoint24 for its own account. Registrant acknowledges and agrees that Registrant’s right and interest in a domain name ceases upon its expiration. The registrant is solely responsible for informing itself of the date of expiration and renewing its registration in a timely manner. If SocialPoint24, in its sole discretion, elects to renew the registration, Registrant will be entitled to a grace period of forty (40) days during which Registrant may re-register the domain name. Additional costs for the redemption and re-registration will apply.

EXPIRED REGISTRATION RECOVERY POLICY. Domain expiration notices will be sent via email thirty (30) days and five (5) days prior to a domain expiration date and three (3) days after a domain expires. Renewal, post-expiration renewal, and redemptions fees are published at https://hostingpoint24.com/clients/cart.php?a=add&domain=register. Reseller’s fees may differ.

REGISTRANT INFORMATION AND DATA SHARING. Data required for the registration of a domain name varies by top-level domain. The required data for a domain name registration (“Minimum Data”) will be presented at the time of registration or renewal and may include up to:

-Name and postal address of the Registered Name Holder;
-Registered name;
-Names of the primary nameserver and secondary nameserver(s) for the Registered Name;
-Name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;
-Name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name; and
-Name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the technical contact for the domain name.

The Minimum Data will be shared with SocialPoint24 and may be shared with the relevant authoritative registry services provider for your top-level domain. The identity of the authoritative registry services provider can be found at https://www.iana.org/whois. The Minimum Data for domains in any TLD you have registered can be found in the Data Use Information Page.

ACCURATE INFORMATION. Registrant represents and warrants that:

-The statements that Registrant makes in connection with the domain name registration, maintenance, or renewal are complete and accurate;
-Registrant information will be kept current;
-The registrant will not and will not permit others to use the domain name in violation of any ICANN or registry policies, applicable laws or regulations, or legal rights of others;
-The registrant will respond to inquiries from SocialPoint24 addressed to the email address of the Registrant, the administrative, billing or technical contact with respect to a domain name concerning the accuracy of contact details.

Registrant acknowledges that a breach of this Section 8 will constitute a material breach of the Agreement, which will entitle either SocialPoint24 or a registry to terminate this Agreement immediately upon such breach without any refund and without notice to Registrant.

ACCOUNT REVIEW, DATA MODIFICATION OR DELETION. To access, view, update, delete or download data associated with your domain name registration, you must be signed into your account. If you make a request to delete your personal data and that data is necessary for the products or services you have purchased, the request will be honored only to the extent it is no longer necessary for any services purchased or required for our legitimate business purposes or legal or contractual recordkeeping requirements. In some cases, when data is necessary for the provisioning of service, deletion of data may cancel or suspend the services you have purchased. If you have difficulty accessing your data, modifying it, or deleting it, you may request assistance by sending email to support@socialpoint24.com or using the contact information athttps://hostingpoint24.com/clients/index.php?m=PrivacyPolicy

ICANN-REQUIRED DISCLOSURES. Domain name registration requires sharing the Registrant’s information, in whole or in part, with the applicable Registry Operator and with ICANN. Both SocialPoint24 and the Registry Operator may be required to archive this information with a third-party escrow service. Further, Registrant represents and warrants that, if Registrant is providing information about a third party, Registrant has notified the third party of the required disclosures and the purpose for the disclosures and Registrant has obtained the third party’s consent to such disclosure. ICANN may establish or modify the guidelines, limits or requirements that relate to the amount and type of information that SocialPoint24 may or must make available to the public or to private entities, and the manner in which such information is made available.

SUSPENSION AND CANCELLATION. SocialPoint24 may in its sole discretion, suspend or cancel Registrant’s domain name registration:

-if Registrant breaches this Agreement;
-if Registrant fails to provide payment or accurate contact or billing information;
-in the event there was an error in the registration process for such domain name;
-as required by ICANN or a Registry Operator;
-to protect the integrity and stability of SocialPoint24 and any applicable registry;
-to comply with any applicable laws, government rules, requests of law enforcement and court orders;
-in compliance with any dispute resolution process, or
-to avoid any liability, civil or criminal.

DISPUTE RESOLUTION. The registrant is bound by all ICANN consensus policies and all policies of any relevant Registry Operator, including the Uniform Rapid Suspension Procedure, the Uniform Domain Name Dispute Resolution Policy (UDRP), along with the UDRP rules and all supplemental rules of any UDRP provider. ICANN may change the UDRP at any time. If a third party challenges the registration or reservation of the Registrant’s domain name, Registrant will be subject to the provisions specified in the dispute policy adopted by the applicable registry. In the event a domain name dispute arises, Registrant will indemnify and hold SocialPoint24 harmless pursuant to the terms and conditions contained in the applicable policy. If SocialPoint24 is notified that a complaint has been filed with a judicial or administrative body regarding a domain name, SocialPoint24 may, at its sole discretion, suspend use of the domain name and the ability to make modifications to the registration records until:

-SocialPoint24 is directed to do so by the judicial or administrative body, or
-SocialPoint24 receives notification from both parties that the dispute has been settled.

If Registrant or Registrant’s domain name becomes the subject of litigation, SocialPoint24 may deposit control of Registrant’s domain name record into the registry of the judicial body by supplying a party with a registrar certificate.

WHOIS PRIVACY SERVICE. If Registrant elects to use the Whois privacy registration service, the following terms and conditions will apply:

-The publicly available Registrant contact information will list Contact Privacy Inc. Customer #### (where #### is a unique customer identification number) as the Registrant and contact name, and SocialPoint24’s postal address, assigned email address and telephone number as contact information.
-SocialPoint24 will keep the Registrant and Contact Information provided by Registrant on file. Both SocialPoint24 and the Registry may be required to archive this information with a third-party escrow service, as per ICANN policy.
-The registrant will retain complete control over the domain name and its registration records and may suspend and reinstate the Whois Privacy Service at its discretion.
With respect to a domain name that has been transferred to SocialPoint24, the Whois Privacy Service will only commence after the transfer has been completed. If Registrant elects to transfer a domain name to a different registrar, the Whois Privacy Service must be disabled in order to initiate the transfer.
-SocialPoint24 will send all obligatory renewal and transfer related messages to the contacts that Registrant has designated.
-Pricing for the Whois privacy registration service will be set by the Reseller, and Registrant will pay Reseller for this service.
-SocialPoint24 will forward to Registrant all correspondence received by registered mail or traceable courier. This information may be opened, scanned and emailed to Registrant. Regular postal mail will be discarded or returned to the sender at SocialPoint24’s discretion.
-Email correspondence will be forwarded, only if submitted via the contactprivacy.com website.
-A voice mail message will advise all callers that inbound messages will not be accepted; calls will be directed to the contactprivacy.com website.
-The point of contact for third parties wishing to report abuse or infringement of trademarks (or other rights) is abuse@socialpoint24com.Communications received with respect to a domain name registration will be handled as follows:
The business contact information for the Whois privacy registration service is:

SocialPoint24
708 Dyer Hollow Road
Mohawk, TN  37810

SocialPoint24 shall have the right, at its sole discretion and without liability to Registrant, to suspend or cancel the Whois Privacy Service and to reveal Registrant and Contact Whois Information in certain circumstances, including but not limited to the following:

when required by law;

-in the good faith belief that disclosure is necessary to further determination of an alleged breach of a law;
-to comply with a legal process served upon SocialPoint24;
-to resolve any and all third party claims including but not limited to ICANN’s or a Registry’s dispute resolution policy;
-to avoid financial loss or legal liability;
-if SocialPoint24 believes that Registrant or one of Registrant’s contacts is using the Whois Privacy Service to conceal involvement with illegal, illicit, objectionable or harmful activities; or to transmit SPAM, viruses, worms or other harmful computer programs.

POLICY. Registrant agrees that its registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to a SocialPoint24, registry, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a SocialPoint24, registry, ICANN or government-adopted policy, to correct mistakes by SocialPoint24 or a registry in registering the name or for the resolution of disputes concerning the domain name.

TRADEMARK. Registrant agrees to abide by the terms and conditions set forth by SocialPoint24 and theTennessee Trademark Act available at https://law.justia.com/codes/tennessee/2010/title-47/chapter-25/part-5/.

NO GUARANTEE. Registrant acknowledges that registration of a chosen domain name does not confer immunity from objection to the registration, reservation or use of the domain name.

AGENCY. If Registrant intends to license the use of a domain name to a third party, Registrant is deemed the domain name holder of record and is responsible for providing Registrant’s own full contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. The registrant shall accept liability for harm caused by wrongful use of the domain name unless it promptly discloses the licensee’s identity and current contact information (as provided by the licensee) to a party providing the Registered Name Holder reasonable evidence of actionable harm. Registrant represents that it will secure the agreement of any third party to the terms and conditions in this Agreement.

MODIFICATIONS TO AGREEMENT. SocialPoint24 may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with its agreements with ICANN, a registry or any other entity or individual, as well as to adjust to changing circumstances. All amendments to this Agreement will be posted on our website at http://www.opensrs.com/docs/contracts/exhibita.htm. Your continued use of the registered domain name will constitute your acceptance of this Agreement with any revisions. If you do not agree to any change, you may request that your domain name be canceled or transferred to a different accredited registrar, and agree that such cancellation or transfer will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement.

ANNOUNCEMENTS. SocialPoint24 reserves the right to distribute information to Registrant that is required by ICANN or Registry policy.

LIMITATION OF LIABILITY. Registrant agrees that SocialPoint24’s entire liability, and Registrant’s exclusive remedy, with respect to the domain registration service provided under this Agreement and any breach of this Agreement, is solely limited to the amount Registrant paid for the initial registration of the domain name. SocialPOint24, ICANN and the applicable registries shall not be liable for any lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the extent permitted by law.

INDEMNITY. The registrant will defend, indemnify, and hold harmless SocialPoint24, ICANN, the applicable registries, and their respective directors, officers, employees, agents, affiliates, and contractors, from all liabilities, claims, and expenses, including attorney’s fees, arising out of or relating to

-Registrant’s registration and use of the domain name registered;>
use of the domain name in violation of this Agreement; or
-Registrant’s violation of any third party right, including Intellectual Property Rights. This indemnification obligation will survive the termination or expiration of this Agreement.

TRANSFER OF OWNERSHIP. The person named as Registrant on record with SocialPoint24 shall be the “Registered Name Holder.” If designated, the person named as administrative contact at the time the controlling account was secured shall be deemed the designate of the Registrant with the authority to manage the domain name. Registrant agrees that prior to transferring ownership of the domain name to another person (the “Transferee”) Registrant shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. If the Transferee fails to be bound in a reasonable fashion (as determine by SocialPoint24 in its sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void. Registrant explicitly authorizes SocialPoint24 to act as their Designated Agent, as stipulated by the ICANN Transfer Policy, to approve a Change of Registrant on their behalf.

BREACH. Registrant agrees that failure to abide by any provision of this Agreement, any ICANN, Registry, URDP or Dispute operating rule or policy, may be considered by SocialPoint24 to be a material breach and that Tucows may provide written notice, describing the breach, to Registrant. If within fifteen (15) calendar days of the date of such notice, Registrant fails to provide evidence, which is reasonably satisfactory to SocialPoint24, that Registrant has not breached its obligations under the Agreement, then SocialPoint24 may delete the registration the domain name. Any such breach by Registrant shall not be deemed to be excused simply because SocialPoint24 did not act earlier in response to that, or any other, breach by Registrant.

DISCLAIMER OF WARRANTIES. Except for the express warranties in this Agreement, SocialPoint24 does not make any other warranty of any kind, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, and non-infringement. SocialPoint24 is not responsible or liable for the deletion or of failure to store any content and other communications maintained or transmitted through the use of the domain name registration service. SocialPoint24 does not warrant that the domain name registrations service will be error-free or uninterrupted. The domain name registration service is not intended for high-risk activities.

INCONSISTENCIES WITH REGISTRY POLICIES. In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of an applicable Registry, the term, condition, policy or procedure of the applicable Registry shall prevail.

NON-WAIVER. SocialPoint24’s failure to require performance by Registrant of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by SocialPoint24 of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when an electronic confirmation of delivery has been obtained by the sender. E-mail notification to SocialPoint24 must be sent to contact@socialpoint24.com. Any notice to Registrant will be sent to the e-mail address provided by Registrant in the Whois record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given five (5) business days after the date of mailing Postal notices to SocialPoint24 shall be sent to:

SocialPoint24
708 Dyer Hollow Road
Mohawk, TN 37810

and, in the case of notification to you, shall be sent to the address specified by you in the registration of your domain name with SocialPoint24.

28. ENTIRETY. Registrant agrees that this Agreement, the applicable dispute, e policy and the rules and policies published by SocialPoint24 and any applicable Registry or other governing authority, are the complete and exclusive Agreement between SocialPoint24 and Registrant regarding the domain registration service.

29. NO THIRD-PARTY BENEFICIARIES. This Agreement shall not be construed to create any obligation by either SocialPoint24 or Registrant to any non-party to this Agreement. Enforcement of this Agreement, including any provisions incorporated by reference, is a matter solely for the parties to this Agreement.

30. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF TENNESSEE AND THE FEDERAL LAWS OF THE UNITED STATES OF AMERICA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN TENNESSEE AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

31. INFANCY. You attest that you are of legal age to enter into this Agreement.

32.FORCE MAJEURE. Registrant acknowledges and agrees that neither SocialPoint24 nor the applicable Registry shall be responsible for any failures or delays in performing the respective obligations hereunder arising from any cause beyond its reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons, and floods.

33. PRIVACY. Information collected about Registrant is subject to the terms of SocialPoint24’s privacy policy, the terms of which are hereby incorporated by reference. SocialPoint24’s privacy policy can be found at:  https://hostingpoint24.com/clients/index.php?m=PrivacyPolicy.

34. CONTROLLING LANGUAGE. In the event that Registrant is reading this Agreement in a language other than the English language, Registrant acknowledges and agrees that the English language version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.

35. TLDs. The following additional provisions apply to any domain names that you register through SocialPoint24 with the various registries:

a. .com and .net Domains: In the case of a “.com” or “.net” registration, the following terms and conditions will apply:
i. Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry; these policies are subject to modification;
ii. For the adjudication of disputes concerning or arising from the use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where SocialPoint24 is located, presently Mohawk, Tennessee.

b. .com and .net Domains: In the case of a “.com” or “.net” registration, the following terms and conditions will apply:
i. Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry; these policies are subject to modification;
ii. For the adjudication of disputes concerning or arising from the use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where SocialPoint24 is located, presently Mohawk, Tennessee.

c. .org Domains: In the case of a “.org” registration, the following terms and conditions will apply:
i. Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry; these policies are subject to modification;
ii. For the adjudication of disputes concerning or arising from the use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where SocialPoint24 is located, presently Mohawk, Tennessee.

36. SUPPORT FOR DNSSEC. We allow you to add DNSSEC on your domain upon request by relaying orders to add, remove or change public key material (e.g., DNSKEY or DS resource records) on your behalf to Registries operating under contract with ICANN that support DNSSEC.

The following fees apply to DNSSEC relay services:

-Add DNSSEC key material: $500 per transaction.
-Change DNSSEC key material: $500 per transaction.
-Remove DNSSEC key material: $0 per transaction.
-Fees charged for DNSSEC support by registration service providers may differ.

ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.


Civil Subpoena Policy

SOCIALPOINT24’s (the “Company”) Privacy Policy prohibits the release of customer or account information without express permission from the customer, except when required by law, to conform to the edicts of the law, or to comply with legal process properly served on the Company or one of its affiliates.

If you seek the identity or account information of the Company customer in connection with a civil legal matter, you must mail, or serve the Company with a valid subpoena.

Submission of Subpoenas

The Company is located in Mohawk, Tennessee and all civil subpoenas should be served at or mailed to:

SOCIALPOINT24
Attn: Subpeonas Request
708 Dyer Hollow Road
Mohawk, TN 37810

Upon the receipt of a validly issued civil subpoena, the Company will promptly notify the customer whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency, the Company will not immediately produce the customer information sought by the subpoena and will provide the customer an opportunity to move to quash the subpoena in court.

Fees for Subpoena Compliance

The Company will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the Company invoice. Checks should be made out to the Company, INC.

The Company’s subpoena compliance costs are as follows:

-Research – $75.00/hour
-Federal Express – Cost as Billed
-Copies – $.50/page
-Compact Discs – $10.00/per CD

Policies Regarding E-mail

The Company will not produce the content of the e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq. prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. The Company’s e-mail servers do not retain deleted or sent e-mail. However, deleted e-mail may be recoverable from back-up servers for a limited time.

The Company reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the Company e-mail address is related to the pending litigation and the underlying subpoena.

Anti-Spam Policy

SOCIALPOINT24 (“the Company”) maintains a zero tolerance policy for use of its network in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail (“SPAM”). You may not use any our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network may not:

-Use or contain invalid or forged headers;
-Use or contain invalid or non-existent domain names;
-Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
-Use other means of deceptive addressing;
-Use a third party’s internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party;
-Contain false or misleading information in the subject line or otherwise contain false or misleading content;
-Fail to comply with additional technical standards described below;
-Otherwise, violate the Company’s terms and conditions.

2. The Company does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through its network. the Company does not permit or authorize others to use its network to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses, which are the Company’s confidential and proprietary information. Use of our network is also subject to our Acceptable Use Policy, Policy Statement, and Terms of Use and Notices.
3. The Company does not permit or authorize any attempt to use its network in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party’s use and enjoyment of any the Company product or service.
4. We monitor all traffic to and from our servers. Customers suspected of using the Company’s products and services for the purpose of sending SPAM will be investigated. It is the Company’s policy to immediately remove and deactivate any offending web site sending SPAM.
5. Customers may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. The Company may consider the lack of such proof of explicit affirmative permission of a questionable mailing.
6. Customers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation.
7. Customers are prohibited from providing hosting services for websites that have been included in SPAM. Hosting includes, but is not limited to, hosting website(s), providing DNS services as well as website redirect services.
8. If the Company believes that unauthorized or improper use is being made of any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. The Company may immediately terminate any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
9. The Company reserves the right to suspend and/or cancel permanently any and all services provided to a User without any notification. If a Customer is in violation of any term or condition of this SPAM Policy, the Acceptable Use Policy, User Agreement or uses of our services to disrupt or, in the Company’s sole judgment, could disrupt the Company’s business operations, the Company reserves the right to charge such Customer an administrative fee equal to $10000 per each piece of SPAM sent.
10. To report an incidence of SPAM, please send an email to abuse@inmotionhosting.com.
11. Nothing in this policy is intended to grant any right to transmit or send the e-mail to, or through, our network. 12. Failure to enforce this policy in every instance does not amount to a waiver of the Company’s rights.
Unauthorized use of the Company’s network in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by state and federal laws.

Domain Name Dispute Claims

Please refer to the Uniform Domain Name Dispute Resolution Policy (the “UDRP”) if you have a concern or dispute concerning a domain name. The UDRP covers domain names disputes; this Policy specifically excludes domain name disputes. Please see http://www.icann.org/udrp/udrp.htm.

Copyright Infringement Claims

If you believe that material located on a site hosted by SOCIALPOINT24 or linked to by a site hosted by SOCIALPONT24 violates your copyright, you are encouraged to notify SOCIALPOINT24 in accordance with its Digital Millennium Copyright Act (“DMCA”) Policy. SOCIALPOINT24 will respond to all such notices. The response by SOCIALPOINT24 may include removing the infringing material or disabling all links to the infringing material if appropriate and required. SOCIALPOINT24 will terminate a customer’s access to and use of the site if the customer is determined to be a repeat infringer of the copyrights or other intellectual property rights of SOCIALPOINT24 or others. In the case of such termination, SOCIALPOINT24 will have no obligation to provide a refund of any amounts previously paid to SOCIALPOINT24.

Unlimited Disk Space & Bandwidth

While SP24 does not meter disk space & bandwidth, for our Managed & WordPress hosting packages for tthe purpose of an SP24 hosting account is to host websites. Using a hosting account primarily for online file storage or archiving electronic files is prohibited.

All of our hosting packages are shared hosting environments, through our virtual private servers to ensure fast & reliable service to all of our clients, accounts that adversely affect server or network performance must correct these issues.

Free Domain Name

Qualifying web hosting purchases may include free domain registration or transfer. When your web hosting account renews, the applicable then-current pricing will be applied to your account.

If Subscriber registers any domain name as part of a “Free Domain Name” promotion in connection with the registration and cancels with eligibility for a refund, Subscriber’s refund will be reduced by the price of the domain of $20.00 per year and a $5.00 administrative fee. Subscriber will retain full ownership and control of any such domain names.

Network Security

Customers may not use SP24’s network as to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy.

Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mailbombing, or other deliberate attempts to overload or crashes a host or network.
Customers will be held liable for incorrect setting of netmasks, routes, or any other network configuration or programming issue which causes unnecessary broadcast or multicast traffic on our network, or denial of service, deliberate or not, caused by forging ARP queries or replies or by configuring IPs into their machine which were not assigned to their server. Any of these actions may result in disconnection of the server at fault from the network and/or correction of the fault at the customer’s risk and expense. Any loss of functionality caused by the attempted correction of the problem will be the customer’s responsibility to solve. If the malignity of the problem is deemed by SocialPoint24 to not warrant such drastic action, the customer will be contacted via the ticketing system to correct the problem himself. Customers are responsible for maintaining their contact information in the ticketing system such that the email address is always reachable even in the event of their SocialPoint24 servers being shut down.

If your server is the initiator or target of a denial of service attack that adversely affects our/somebody else network, we will terminate your account without warning and you will be held responsible for any charges that may result from this action.

Activities that attract denial of service attacks are expressly prohibited. Customers involved in these activities will be terminated as soon as we are aware of them. These activities include, but are not limited to: selling shell accounts, and involvement with IRC of any kind. This prohibition is for the protection of our customer base as a whole; these kinds of services tend to attract attacks that have the potential to degrade service for all of our customers.

SP24 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. Users who violate systems or network security may incur criminal or civil liability. SocialPoint24 reserves the right to charge up to $500 per complaint to investigate.

Mandatory Security Updates

From time-to-time, we notify our clients of any exploit we deem potentially catastrophic. For an exploit to be considered catastrophic, it must be attacking widely deployed applications that are in use on a majority of servers. For example, but not limited to, software related to DNS, APACHE, and SENDMAIL.

The security notification will be sent via our customer subscribed mailing list, with a subject line of “Mandatory Security Update”. It will provide a synopsis of the exploit, what is effected, and probable repercussions associated with failure to update. In addition, the email will provide a link for customers to download updated software or fixes, or patches, and directions on installing it. Customers are responsible for following the instructions in all ” Mandatory Security Update” within 24 hours from their release.

To ensure the security of the clients’ servers and to maintain our network integrity, if 24 hours past notification the software at issue has not been updated or patched, SocialPoint24 reserves the right to apply all necessary updates, fix any other obvious security holes we may find, and bill the customer’s account at the applicable hourly support rate without further notice or customer approval.

Server Interface

The SocialPoint24 Web Interface and Control Panel are proprietary software, a single Perl script at /usr/local/sbin/interface. Although we do not protect the software with compilation nor with encryption, it is protected under copyright and trade secret laws and is not to be modified or distributed in any fashion unless authorized in writing by SocialPoint24. Under no circumstances will we allow changes to the Copyright notice and/or disclaimers on version 2 of the interface (revisions 1.110 and above), since the “Server Interface” Trade Name and logo are already protecting resellers from references to SocialPoint24.

Requests for modification, including translating into other languages, addition of links or advertising, changes to menus, or customer-specific options, must be sent to sales@socialpoint24.com and are subject to an approval process by all departments. In general, the only changes approved are those of a general nature, representing an increase in functionality for all customers. Changes for a single customer which would cause more than one concurrent version of the software will not be considered.

Changes which are approved will be done on a prioritized basis by SocialPoint24’s technical staff. Expedited processing of a change order can be paid for by a customer, but the changes remain the property of SocialPoint24 and may be given to other customers.

Data Backup

SocialPoint24 maintains, as a convenience to its clients, regular automated data backups on accounts of any size. This service is included only with all of our hosting packages and is provided at no additional charge. Hosting packages will have backups for the past seven (7) days. This service is, however, available through our 3rd party service.

While SocialPoint24 maintains the previously stated backups, this service is provided as a convenience only and SocialPoint24 assumes no liability as to the availability or completeness of client data backups. Each client is expected and encouraged to maintain backup copies of their own data. SocialPoint24 will provide, upon request, one (1) data restore per four (4) calendar months free of charge. Additional data restores may be provided but are subject to additional service fees.

Upon Cancellation or Suspension for nonpayment, all data is purged from the server.

Bandwidth Charges

SocialPoint24 does not charge for higher levels of traffic. However, the rates for bandwidth usage are lower for SP24 than for any other services we offer. SP24 provides full access to web reports for network traffic monitoring and reporting. SP24 also provides graphs that show customers’ monthly usage, which is the average rate and reflects the amount of bandwidth transferred during the month. The bandwidth reflects the average monthly bandwidth in Kilobits per second (Kbps) and in Gb/month.

IP Policy

ARIN (the American Registry for Internet Numbers) is becoming very stringent with IP addresses, and refuses to grant them without a strict accounting of the use of existing IP’s; we must, therefore, require periodic updates of IP address use. The way we will implement this, for now, is for customers who need more IP addresses to send a blank email to contact@socialpoint24.com to get detailed instructions via autoresponder.

Any IP numbers which remain unused after a 30-day period, according to our periodic ‘ping’ testing, will be subject to reassignment by SocialPoint24. No prior notice will be given, but we will email you at your current contact address to inform you that we have taken back the IP numbers. You can of course request more when you are ready to use them. And, as stipulated elsewhere, any work incurred in reclaiming unused IP numbers which have been registered as nameservers will be billed at our current administrative services rates.

While we will allocate our customers an “unlimited” number of IP addresses, our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke the authorization to use those IP addresses that could be used with name-based hosting.”

SocialPoint24 may assign its customers IP (Internet Protocol) addresses on a temporary basis or for the life of the contract. Customer agrees that IP addresses are not portable, and acknowledges that IP addresses are the sole property of SocialPoint24 and are assigned as part of the services. Furthermore, the client acknowledges that use of IP addresses not allocated by SocialPoint24 to customer or users is expressively prohibited and will incur a penalty fee.

This fee would be calculated on a standard engineers hourly rate fee of $150 separate from any other service or incident fees prepaid by customer. At the conclusion of Customer’s contract, Customer is required to provide a copy of an Authorized domain registrar (i.e. Network Solutions) records, showing that Customer’s hostname servers no longer claim the use of our IP address we have provided to the customer. This document must be delivered to SocialPoint24 within 10 days after the effective contract termination date.

General Conduct

Customers are prohibited from transmitting on or through any of SP24’s services, any material that is, in SP24’s sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.

SP24’s services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of the United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. SP24’s reserves the right to remove such illegal material from its servers.

The customer is responsible for keeping his billing data with SP24 up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

The resale of SP24’s products and services is not permitted unless specifically permitted and documented in a written agreement.

Important IP Disclosure: SocialPoint24 may assign customer a reasonable amount of IP addresses (Internet Protocol) on a temporary basis or for the life of the contract. Client agrees that IP addresses are not portable and acknowledges that IP addresses are the sole property of SocialPOint24 and are assigned as part of the services. Furthermore, the client acknowledges that use of IP addresses not allocated by SocialPoint24 to customer or users is expressively prohibited and will incur a penalty fee. This fee would be calculated on a standard engineers hourly rate fee of $150 separate from any other service or incident fees prepaid by customer.

Facilitating a violation of this AUP: Software, services, programs, activities, and advertisements that promote, enable, or facilitate any activity that is prohibited within this document, including spam, denial of service attacks, compromise of other systems or attempts to compromise other systems are ALL considered to be violations of this AUP.

To ensure the quality of service of our shared hosting clients, SocialPoint24 reserves the right to migrate high resource utilizing clients to servers which may, or may not, incorporate stated ‘business class hardware’.

Payment

The initial term of this Agreement shall be as set forth in the Order Form (the “Initial Term”). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew.

Additionally, AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE SOCIALPOINT24, INC TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM UNLESS TERMINATED OR CANCELED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the “Term”.

This Agreement may be terminated:

-by giving SOCIALPOINT24 thirty (30) days prior written notice,
-by SOCIALPOINT24 in the event of nonpayment by Customer,
-by SOCIALPOINT24, at any time, without notice, if, in SOCIALPOINT24’s sole and absolute -discretion and/or judgment, Customer is in violation of any term or condition of this Agreement and related agreements, AUP, or Customer’s use of the Services disrupts or, in SOCIALPOINT24’s sole and absolute discretion and/or judgment, could disrupt, SOCIALPOINT24’s business operations.

Cancellation

SP24 reserves the right to cancel service(s) at any time. All fees paid in advance of cancellation will be pro-rated and refunded by SP24 to the customer if SP24 initiates its right of cancellation and customer is NOT in violation of these Terms and Conditions. If cancellation is caused by customers and/or its client’s breach of the Terms and conditions, the customer agrees that no refund is due. Customer understands that service(s) can be canceled at any time effective the end of the contract.

Upon termination, either by SocialPoint24 or Customer, for any reason, Customer is responsible for deleting his/her host registrations from a domain registrar(s) immediately. Customer further agrees to pay SocialPoint24 all reasonable administrative costs if SocialPoint24 must intervene in deregistering the hosts.

Disclaimer

-SP24 is not responsible for any damages your business may suffer.
-SP24 does not make implied or written warranties for any of our services.
-SP24 denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by SP24.
-The Customer will not use its network nor space provided by SP24 to violate any law. In the event Customer violates existing law, SP24 shall have the right to terminate all service set forth in this Agreement. In the event SP24is informed by government authorities of inappropriate or illegal use of SP24 facilities or other networks accessed through SP24, SP24 may terminate customer’s service.
-SP24 will cooperate fully with investigations of violation of systems or network security at other sites.
-SP24 will cooperate with law enforcement authorities in the investigation of possible criminal violations.
-Customers who violate systems and/or network security may incur in criminal or civil liability.
-SP24 reserves the right to amend its policies at any time. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

If you have any questions concerning the above-stated terms and conditions then please Contact Us.

SOCIALPOINT24

PRIVATE POLICY

PLEASE READ THIS PRIVACY POLICY CAREFULLY

BY SIGNING UP FOR AN SOCIALPOINT24 (THE “COMPANY”) ACCOUNT AND/OR USING ITS PRODUCTS, SERVICES, WEBSITES, AND MOBILE APPLICATIONS, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS PRIVACY POLICY. ANY USER’S USE OR CONTINUED USE OF THE COMPANY’S PRODUCTS, SERVICES, WEBSITES OR MOBILE APPLICATIONS CONSTITUTES ACCEPTANCE OF THIS PRIVACY POLICY.

1. Privacy Policy (“Policy”): The Company cares about your privacy. For this reason, the Company collects and uses personal data only as it might be needed for the Company to deliver products, services, websites and/or mobile applications (collectively, the “Services”). Your personal data includes information such as:

-Name
-Address
-Billing and delivery information
-Telephone number
-Email address
-Financial account information
-IP Address
-Other data collected that could directly or indirectly identify you

This Policy explains how and what data the Company collects and how the Company uses your personal data. This Policy also describes options the Company provides for you to access, update or otherwise take control of your personal data that the Company processes. If at any time you have questions about the Company practices or any of your rights described below, you may reach the Company Data Protection Team by contacting the Company at privacy@inmotionhosting.com. This inbox is actively monitored and managed so that the Company can deliver an experience that you can confidently trust.

2. Changes to the Privacy Policy: As the Services may change from time to time, this Policy is expected to change as well. The Company reserves the right, in its sole discretion, to amend this Policy at any time, for any reason, which amendment(s) will be effective upon posting to our website. The date of the last revision to this Policy will be indicated by the “Last Updated” date located at the end of this Policy. Your use of the Services after such changes or modifications have been made shall constitute your acceptance of this Policy was last revised. If you do not agree to be bound by this Policy was last revised, do not use (or continue to use) the Services. In addition, the Company may occasionally notify you of changes or modifications to this Policy by e-mail. It is therefore important that you keep your account information accurate. The Company assumes no liability or responsibility for your failure to receive an e-mail notification if such failure results from an inaccurate e-mail address.

3. Information That the Company Collects:

Personally Identifiable Information: The Company may collect information (online, by phone or paper) that identifies you (“Personally Identifiable Information”) when you provide such information on the Company website(s) or social media website(s) or otherwise interact with the Company. The types of Personally Identifiable Information collected may include, but not limited to, Internet Protocol (IP) address, your name, address, phone number, birth date, billing, and delivery information, e-mail address, information about you or your business, credit card, or other financial account information.

Non-Personal Data: As you interact with the Company through our online resources, the Company may also collect information about your browsing history or certain other information that is not considered Personally Identifiable Information through your use of and visits to these resources through a variety of technologies, including, but not limited to, cookies, tags, beacons, Internet Protocol (IP) address, and other tools. “Cookies” are pieces of code or text placed on your computer when you browse a website. Cookies may be placed by the Company or our web analytics third-party vendors or partners. “Tags” and web beacons refer to code scripts that are primarily used to track visitor activities by web analytics software. The types of non-personal data collected on the Company website(s) through the use of these, and other tools may include the search terms you used, new or returning user, browser information, computer type, operating system, internet service providers, website usage, referring/exit pages, platform type, date/time stamp, number of clicks, ads viewed, among other non-personal data (collectively, all of the foregoing data is considered “Non-Personal Data”). Additionally, Cookies, Tags and other tools placed by our web analytics third-party vendors or partners may collect other information about you and your visits to websites and elsewhere on the Internet including, but not limited to, your industry, company size, among other Non-Personal Data.

4. How the Company Uses and Shares Personally Identifiable Information: The Company strongly believes in both minimizing the data we collect and limiting its use and purpose to only that (1) for which the Company has been given permission, (2) as necessary to deliver the Services, or (3) as the Company might be required or permitted for legal compliance or other lawful purposes.

Use of Your Personally Identifiable Information. Once collected, the Company may use your Personally Identifiable Information in a variety of ways including, but not limited to:

-Provide service communications such as bill reminders, order confirmations, program registrations, and customer service messages
-Respond to your e-mails or online requests for products, services, or information
-Deliver and process surveys
-Processing your job application
-Personalize and improve the usability of the Company website(s)
-Fulfill and/or deliver the Services
-Share with certain other companies to offer you products and services that may be of interest to you as described below
-Tailor content, advertising, and marketing to you
-Share with third parties as required by law or to protect the Company as described below
-Share your e-mail address as permitted under this Policy as described below in this Section
-Communicate with you
-Improve and optimize the operation and performance of the Services
-Diagnose problems with and identify any security risks, errors, or needed enhancements to the Services
-Detect and prevent fraud and abuse of our Services and systems
-Collecting aggregate statistics about the use of the Services
-Understand and analyze how you use the Services and what products and services are most relevant to you

Transfer of personal data abroad. If you utilize the Services from a country other than the country where the Company servers are located, your communications with the Company may result in transferring your personal data across international borders. Also, when you call the Company, the Company may provide you with support from our locations which may be outside of your country of origin. In these cases, your personal data is handled according to this Policy.

Sharing Your Personally Identifiable Information to Fulfill Service Requests and Perform Business Functions. When fulfilling service requests initiated by you, we may share your Personally Identifiable Information with certain third parties to fulfill the requests. We may also share such information with service providers that perform business functions for us. In such cases, the Company may share your Personally Identifiable Information.

Sharing Your Personally Identifiable Information with Certain Other Companies. The Company may share Personally Identifiable Information, except for e-mail addresses, with certain other companies as part of the Company benefits offerings.

Sharing Your Personally Identifiable Information When Legally Necessary or to Protect the Company’s Interests. The Company may disclose your Personally Identifiable Information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process served on the Company, including, but not limited to, compliance with legal, regulatory and law enforcement requests. In such instances, the Company cooperates with government and law enforcement officials and private parties to enforce and comply with the law. the Company will disclose any information about you to government or law enforcement officials or private parties as the Company, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (such as subpoena requests), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity the Company considers to be illegal or unethical. To the extent the Company is legally permitted to do so, the Company will take reasonable steps to notify you in the event that the Company is required to provide your Personally Identifiable Information to third parties as part of legal process; (b) protect and/or defend the rights or property of the Company; (c) protect the personal safety of the Company personnel or users of the public in appropriate circumstances; or (d) if the Company and/or its assets (or a portion of its assets) are sold, assigned, transferred, or merged or if the Company undergoes some other change including a change to its corporate form as part of a bankruptcy proceeding or otherwise, information may be transferred as part of that transaction or change.

Sharing Your E-mail Address Pursuant to the Company Policy.  We do not sell or rent e-mail addresses to anyone outside of the Company. The Company will also not share e-mail addresses to unrelated third-parties or affiliates.

5. How to Manage the Sharing of Your Personally Identifiable Information: To easily access, view, or update your personal data (where available), please sign into your Account. To request that your information is deleted, please email privacy@socialpoint24.com.

If you make a request to delete your personal data and that data is necessary for the products or services you have purchased, the request will be honored only to the extent it is no longer necessary for any Services purchased or required for our legitimate business purposes or legal or contractual recordkeeping requirements.

6. How the Company May Use and Share Non-Personal Data: Through the use of various technological tools, the Company may collect Non-Personal Data to improve the usability of the Company website(s) and the Services and for other business reasons. The Company may share the Non-Personal Data collected with third parties or permit third parties to place tools like Cookies, Tags and web beacons, to collect additional Non-Personal Data when you browse the Company websites. The Company does not share Personally Identifiable Information with third parties with whom it shares your Non-Personal Data. Please note that you may be subject to the privacy policies of non-Company companies when you select an advertising link or other links that takes you to sites not operated by the Company.

7. Tennessee and GDPR Privacy Rights: In addition to the to the rights as explained in this Policy, under Tennessee’s law and/or the European General Data Protection Rules (GDPR), the Company members or non-Company users who provide personal information (as defined in the Shine the Light statute and/or the GDPR) in obtaining products or services for personal, family, or household use are entitled to request and obtain from the Company, once a calendar year, information about the personal information is shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of personal information and the names and addresses of those businesses with which the Company shared such personal information for the immediately prior calendar year (e.g., requests made in 2018 will receive information about 2017). To obtain this information please send your request to (please include your full name and address, domain name(s)):

SOCIALPOINT24
Attn: Privacy Rights
708 Dyer Hollow Road
Mohawk, TN  37810

8. Data Retention: We may retain your Personally Identifiable Information (as well as your Users-of-Users’ Information) for as long as your account is active, as indicated in this Privacy Policy or as otherwise needed to provide you with our Services. We may continue to retain such Personally Identifiable Information even after you deactivate your account and/or cease to use any particular Services, as reasonably necessary to comply with our legal obligations, to resolve disputes regarding our Users or their Users-of-Users, prevent fraud and abuse, enforce our agreements and/or protect our legitimate interests. We maintain a data retention policy which we apply to information in our care. Where your Personally Identifiable Information is no longer required we will ensure it is securely deleted.

9. Age Restrictions: Our Services are not permitted to children under 18 years of age. No one under age 18 should provide any Personal Information to us through any of our Services. We do not knowingly collect Personal Information from children under 18. Parents and guardians should supervise their children’s activities at all times. If you know of or have reason to believe anyone under the age of 18 has provided the Company with any personal data, please contact us at privacy@socialpoint24.com .

10. Information Security: The Company implements commercially reasonable security measures to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. The Company restricts access to personal information to certain companies who may need to know that information in order to operate, develop, or improve the Services. These individuals or partner organizations are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution if they fail to meet these obligations. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, the Company cannot guarantee or warrant the security of any information you transmit to the Society, or to or from the Company online products or services. If you have questions about this Policy, please contact us.

11. User ID and Password: Certain areas of the Company website(s) may require the use of a user ID, e-mail address or password, as an additional security measure that helps protect your information. To help you protect your privacy, the Company website(s) has tools to help you log in and log out.

12. Linking to Other Internet Sites: You should be aware that other Internet sites that are linked from the Company websites or from Company e-mail message may contain privacy provisions that differ from the provisions of this Policy. To ensure your privacy is protected, we recommend that you review the privacy statements of these other linked sites, applications, or other digital platforms.

13. How You Can Access and Change Information: If you are a registered user of the Company website(s) or purchaser of the Services, you may review and update/correct your account profile information directly on the Company’s website (www.socialpoint24.com) or by contacting us at privacy@socialpoint24.com.

14. E-commerce
Those who engage in transactions with SocialPoint24 – by purchasing SocialPoint24’s services or products are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, SocialPoint24 collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with SocialPoint24. SocialPoint24 does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

15. Memberships
A. Protection of Certain Personally-Identifying Information
SocialPoint24 discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors, & affiliated organizations that (i) need to know that information in order to process it on SocialPoint24’s behalf or to provide services available at SocialPoint24’s website, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using SocialPoint24’s website, you consent to the transfer of such information to them. SocialPoint24 will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors, & affiliated organizations, as described above, SocialPoint24 discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental requests, or when SocialPoint24 believes in good faith that disclosure is reasonably necessary to protect the property or rights of SocialPoint24, third parties or the public at large.
If you are a registered user of https://socialpoint24.com/ and have supplied your email address, SocialPoint24 may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with SocialPoint24 and our products. We primarily use our blog to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. SocialPoint24 takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

16. Contact Us: If you have any questions, concerns or complaints about this Policy, our practices or our Services, you may contact us by mail at Attn: Privacy Rights, 708 Dyer Hollow Road, Mohawk, TN  37810 by email at contact@socialpoint24.com or by phone at 1 (423) 609 – 3501. We will attempt to resolve any complaints regarding the use of your Personally Identifiable Information in accordance with this Privacy Policy. We will respond to all requests, inquiries or concerns within thirty (30) calendar days.

Revised: January 16, 2019

 

 

 

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