|Terms of Service (TOS)
Last Modified: 09/30/2008
IMPORTANT NOTICE: All Payments To Sekweta Technologies LLC Are Non-Refundable.
Charges are considered "fully earned" for the month if the Customer's account was active
during one or more days in that billing term.
Sekweta Technologies LLC reserves the right to make refund exceptions on a case-by-case basis,
at our sole discretion. Such case-by-case exceptions shall provide no foundation and set no precedent for additional
refunds for any reason. In such instances where Sekweta Technologies LLC issues a refund,
charges incurred for the period of consumption (the time between the last billing date, and the date cancellation was
made) will be calculated based on the monthly non-discounted rate the customer would have paid
if the account billing cycle was month-to-month.
Sekweta Technologies (referred to herein as "Sekweta Technologies" and "Company")
agrees to furnish services to the Customer, subject to the
following TOS (Terms of Service).
Use of Sekweta Technologies services
constitutes acceptance and agreement to Sekweta Technologies' AUP as well as Sekweta Technologies'
TOS (Terms of Service).
All provisions of this agreement are
subject to the TOS (Terms of Service) of Sekweta Technologies and AUP (Acceptable Use
Policy). The AUP may be changed from time to time at the discretion of the
Company. Customer understands that changes to the AUP by the Company shall
not be grounds for early contract termination or non-payment.
Agreement shall be construed in all respects in accordance with the laws
of the state of Florida, county of Pasco, applicable to contracts
enforceable in that state. Venue for any legal action will be Pasco County, Florida.
|Disclosure to Governmental Agencies and Law
Enforcement: The AUP specifically prohibits the use of Sekweta Technologies
service for illegal activities. Therefore, Customer agrees that
the Company may disclose any and all Customer information
including assigned IP numbers, account history, account use, etc.
to any law enforcement agent who makes a written request without
further consent or notification to the Customer. In addition
Sekweta Technologies shall have the right to terminate all service set forth in
|Service Rates: Customer acknowledges that the
nature of the service furnished and the initial rates and charges
have been communicated to Customer. Customer is aware that the
Company may prospectively change the specified rates and charges
from time to time. The promotional offer is contingent upon
Company achieving and maintaining its cost of service goals
including but not limited to rates charged to company by its
|Payment: Establishment of this service is
dependent upon receipt by the Company of payment of stated
charges. Subsequent payments are due on the anniversary date of
the month for that month's service. All accounts and services
provided by Sekweta Technologies are subject to the current tax rate as imposed
by the County of Pasco, State of Florida which is currently 7.00%.
|Payments and Fees: Credit cards that are
declined for any reason are subject to a $10.00 declination fee.
Service will be interrupted on accounts that reach 7 days past
due. Service interrupted for nonpayment is subject to a $200
reconnect charge and reconnection is at Sekweta Technologies' sole discretion.
Accounts not paid by due date are subject to a $7.95 late fee.
Accounts that are not collectable by Sekweta Technologies may be turned over to
an outside collection agency for collection. If your Sekweta Technologies
account is turned over for collection, you agree to pay the
company a "Processing and Collection" Fee of not less than $50 nor
more than $150. If you desire to cancel your Sekweta Technologies account,
please follow the proper procedure to do this as outlined in this
|Refund and Disputes: All payments to Sekweta Technologies LLC
are nonrefundable. This includes the one time
setup fee and subsequent charges regardless of usage. All
overcharges or billing disputes must be reported within 10 days of
the time the dispute charge occurred. If you dispute a charge to
your credit card issuer that, in Sekweta Technologies' sole discretion is a
valid charge under the provisions of the TOS and/or AUP, you agree
to pay Sekweta Technologies LLC an "Administrative Fee" of not less
than $50 nor more than $150.
|Failure to Pay: Sekweta Technologies may temporarily deny
service or terminate this Agreement upon the failure of Customer
to pay charges when due. Such termination or denial will not
relieve Customer of responsibility for the payment of all accrued
charges, plus reasonable interest and any collection fees.
|Account Cancellation: All requests for
canceling accounts must be made in writing with at least 30 days
notice but not more than 60 days prior written notice and sent to
Sekweta Technologies LLC Attn: Cancellations, P.O. Box 191,
New Port Richey, FL 34656 or you may email
fax the cancellation request to 888-404-2090. You must have all
account information to cancel.
|Company makes no warranties or representations
of any kind for the services being offered. The service is
provided on an "as is" and "as available" basis without warranties
of any kind, either express or implied, including but not limited
to warranties of title, noninfringement, or implied warranties of
merchantability or fitness for a particular purpose. No advice or
information given by Company or its agents or employees shall
create a warranty. Company provides no warranty that the service
will be uninterrupted or error free or that any information,
software or other material accessible on the service is free from
viruses or other harmful components. Under no circumstances shall
Company be liable for any direct, indirect, special, punitive, or
consequential damages that result in any way from your use of or
inability to use the service, or for third parties' use of the
service to access your Web space, or to access the Internet or any
part thereof, or your or any third parties' reliance on or use of
information, services, or merchandise provided on or through the
service, or that result from mistakes, omissions, interruptions,
deletion of files, errors, defects, delays in operation or
transmission, or any failure of performance. If you are
dissatisfied with the Sekweta Technologies service or any of its terms,
conditions, rules, policies, guidelines, or practices, your sole
and exclusive remedy is to discontinue using the service.
|New Domain Accounts: All new webhosting
accounts involving new domains will be set up and entered into
Sekweta Technologies DNS servers within 3 to 5 business days. Due to unforeseen
complications, however, this process may sometimes require up to 7
business days. If the new domain is registered by the account
holder, there will be no handling fee. If the domain is registered
by Sekweta Technologies LLC on behalf of the account holder a
handling fee will be incurred.
|Transfer of Domains: New webhosting accounts
which involve the transfer of a domain from another provider to
Sekweta Technologies LLC will require a minimum of seven (7) days
to be set up and entered into Sekweta Technologies DNS servers. In some cases,
such transfers may take up to sixty (60) days. Due to the
unpredictable nature of the transfer process, no guarantees are
made regarding the amount of time a specific transfer may take. If
the transfer of the domain is done by Sekweta Technologies LLC on
behalf of the account holder a handling fee will be incurred. If
the customer cancels service during the transfer period for any
reason, all charges are considered earned.
|We limit Sekweta Technologies technical support to
Sekweta Technologies' area of expertise. The following is Sekweta Technologies guidelines
when providing support: Sekweta Technologies provides support related to your
server, internet access connection or virtual site physical
functioning. Sekweta Technologies does not offer tech support for application
specific issues such as cgi programming, html or any other such
issue. Sekweta Technologies does not provide technical support for YOUR
|SPAM and Unsolicited Commercial Email (UCE):
Sekweta Technologies takes a zero tolerance approach to the sending of
Unsolicited Commercial Email (UCE) or SPAM over Sekweta Technologies' network.
Very simply this means that customers of Sekweta Technologies may not use or
permit others to use the Sekweta Technologies network to transact in UCE. Customers
of Sekweta Technologies may not host, or permit hosting of, sites or
information that is advertised by UCE from other networks.
Violations of this policy carry severe penalties, including
termination of service.
IMPORTANT NOTICE: Anyone hosting
websites or services that support spammers or cause any of Sekweta
Technologies IP space to be
listed in any of the various Spam Databases will have their Sekweta Technologies
service immediately terminated. The service will not be
reconnected until such time that you agree to remove ANY and ALL
traces of the offending material immediately upon reconnection and
agree to allow us access to your Sekweta Technologies account to confirm that all
material has been COMPLETELY removed. Severe violations may result
in immediate and permanent removal of your account from Sekweta Technologies'
network without notice to the customer. Any customer guilty of a
second violation WILL be immediately and permanently removed from
Sekweta Technologies network without notice.
|Violation of Sekweta Technologies' SPAM policy
will result in severe penalties. Upon notification of an
alleged violation of Sekweta Technologies SPAM policy, Sekweta Technologies will
initiate an immediate investigation (within 48 hours of
notification). During the investigation, Sekweta Technologies may
restrict customer access to the network to prevent further
violations. If a customer is found to be in violation of
Sekweta Technologies SPAM policy, Sekweta Technologies may, at its sole discretion,
restrict, suspend or terminate customer's account.
Further, Sekweta Technologies LLC reserves the right to
pursue civil remedies for any costs associated with the
investigation of a substantiated policy violation. Sekweta Technologies
will notify law enforcement officials if the violation is
believed to be a criminal offense.
|First violations of this policy will
result in an "Administrative Fee" of $250 and your account
will be reviewed for possible immediate termination. A
second violation will result in an "Administrative Fee" of
$500 and immediate termination of your account. Users who
violate this policy agree that in addition to these
"Administrative" penalties, they will pay "Research Fees"
not to exceed $175 per hour that Sekweta Technologies personnel must
spend to investigate the matter. PLEASE, DO NOT SPAM from
|As Sekweta Technologies Customers are ultimately
responsible for the actions of their clients over the
Sekweta Technologies network, it is advisable that Customers develop a
similar, or stricter, policy for their clients.
|IP Address Ownership: If Sekweta Technologies
assigns Customer an Internet Protocol (IP) address for
Customer's use, the right to use that Internet Protocol
address shall belong only to Sekweta Technologies, and Customer shall
have no right to use that Internet Protocol address except
as permitted by Sekweta Technologies in its sole discretion in
connection with the Services, during the term of this
Agreement. Sekweta Technologies shall maintain and control ownership of
all Internet Protocol numbers and addresses that may be
assigned to Customer by Sekweta Technologies, and Sekweta Technologies reserves the
right to change or remove any and all such Internet
Protocol numbers and addresses, in its sole and absolute
discretion. Sekweta Technologies' 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
authorization to use those IP addresses that could be used
with name-based hosting.
|Bandwidth and Disk Usage: Customer
agrees that bandwidth and disk usage shall not exceed the
number of megabytes per month for the Services ordered by
Customer (the "Agreed Usage"). Sekweta Technologies will monitor
Customer's bandwidth and disk usage. Sekweta Technologies shall have
the right to take corrective action if Customer's
bandwidth or disk usage exceeds the Agreed Usage. Such
corrective action may include the assessment of additional
charges or disconnection or suspension of Customer's
|System and Network Security: Users are
prohibited from violating or attempting to violate the
security of the Sekweta Technologies Network. Violations of system or
network security may result in civil or criminal
liability. Sekweta Technologies will investigate occurrences, which may
involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting Users who
are involved in such violations. These violations include,
|Accessing data not intended
for such User or logging into a server or account,
which such User is not authorized to access.
|Attempting to probe, scan or
test the vulnerability of a system or network or
to breach security or authentication measures
without proper authorization.
|Attempting to interfere with
service to any user, host or network, including,
without limitation, via means of overloading,
"flooding", "mail bombing", "crashing" or similar.
|Forging any TCP/IP packet
header or any part of the header information in
any e-mail or newsgroup posting.
|Taking any action in order to
obtain services to which such User is not
|Notification of Violation:
|Sekweta Technologies is under no duty to look at
each customer's or user's activities to determine if a
violation of the AUP has occurred, nor do we assume any
responsibility through Sekweta Technologies AUP to monitor or police
|First violation: Any User, which
Sekweta Technologies determines to have violated any element of this
Acceptable Use Policy shall receive an email, warning them
of the violation. The service may be subject at Sekweta Technologies'
discretion to a temporary suspension pending a User's
agreement in writing, to refrain from any further
|Second Violation: Users that Sekweta Technologies
determines to have committed a second violation of any
element of this Acceptable Use Policy shall be subject to
immediate suspension or termination of service without
|We reserve the right, to drop the
section of IP space involved in Spam or Denial-of-Service
complaints if it is clear that the offending activity is
causing great harm to parties on the Internet.
In certain rare cases, we
may have to do this before attempting to contact you. If
we do this, we will contact you as soon as is feasible.
|Suspension of Service or Cancellation: Sekweta Technologies
reserves the right to suspend network access to any customer if in
the judgment of the Sekweta Technologies network administrators the customer's
server is the source or target of the violation of any of the
other terms of the AUP or for any other reason which Sekweta Technologies
chooses. If inappropriate activity is detected, all accounts of
the Customer in question will be deactivated until an
investigation is complete. Prior notification to the Customer is
not assured. In extreme cases, law enforcement will be contacted
regarding the activity. The customer will not be credited for the
time the customer's machines were suspended.
|Sekweta Technologies reserves the right to amend its
policies at any time. All Sub-Networks, resellers and managed server and colocated
server customers of Sekweta Technologies must adhere to the above policies. Failure to
follow any term or condition will be grounds for immediate
Cancellation. 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.
|Indemnification: Sekweta Technologies wishes to emphasize
that in agreeing to the Sekweta Technologies Acceptable Use Policy (AUP)and
Terms of Service (ToS), customer indemnifies Sekweta Technologies for
any violation of the Acceptable Use Policy
(AUP) and Terms of Service (ToS) that results in loss to
Sekweta Technologies, or the bringing of any claim
against Sekweta Technologies, by any third-party.
This means that if Sekweta Technologies is sued
because of a customer's or a customer of a customer's activity,
the customer will pay any damages awarded against Sekweta Technologies,
plus all costs and attorney's fees.
|Miscellaneous Provisions: You must provide us
with, and keep current, good contact information for you. E-mail,
fax, and telephone contacts are used, in that order of preference.
|A waiver by the Company of any breach
of any provision of this Agreement by Customer shall not
operate as or be construed as a continuing or subsequent
waiver thereof or as a waiver of any breach of any other
|Customer shall not transfer or assign
this Agreement without the prior written consent of the
Company. Company may assign Agreement at anytime without
consent from or notice to Customer. Company reserves right
to cancel customers rights under this contract at anytime
without further obligation.
|Sekweta Technologies takes no responsibility for
any material input by others and not posted to the Sekweta Technologies
network by Sekweta Technologies. Sekweta Technologies is
not responsible for the content of any other websites
linked to the Sekweta Technologies network; links are provided as
Internet navigation tools only. Sekweta Technologies disclaims
any responsibility for any such
inappropriate use and any liability to any person or party
for any other person or party's violation of this policy.
is not responsible for any damages your business may
suffer. Sekweta Technologies does not make
implied or written warranties for any of Sekweta Technologies' services.
Sekweta Technologies 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
|It is absolutely forbidden to host IRC
servers on any type of Sekweta Technologies account. Accounts found
hosting this material will be subject to immediate
cancellation without refund.
|Responsibility for Content: You, as Sekweta Technologies'
customer, are solely responsible for the content stored on and
served by your Sekweta Technologies server.