Terms of Service

Terms of Service

LAST UPDATED 09/02/2021 - INITIAL RELEASE


Sullivan's Hosting LLC provides web hosting and other services to clients worldwide, and we have the responsibility to provide the best services available. Any and all customers, clients, or recipients of services provided by Sullivan's Hosting LLC are subject to the following terms and conditions.


AGREEMENT TO TERMS
The following terms of service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you", "self", "client(s)", "subscriber", "customer", "recipient") and Sullivan's Hosting LLC ("company", "we", "us", "site" or "our"), concerning your access to and use of the https://sullivanshosting.com website as well as any other media form, media channel, mobile website, mobile application related, control panel, linked, or otherwise connected thereto (collectively, the "site"). We are registered in Massachusetts, United States. Our registered mailing address is 482 Southbridge Street, #335, Auburn, MA 01501. You agree by accessing the site, you have read, understood, and agreed to be bound by all of these terms of service. IF YOU DISAGREE WITH ANY OR ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCOUNTINUE USE IMMEDIATELY.

Supplemental terms of service or documents that may be posted on the site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these terms of service from time to time. We will alert you about any changes by updating the "last updated" date of these terms of service, as well as issue an email to any and all active and registered clients. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised terms of service by your continued use of the site and services provided by us after the date such terms of service are posted.

The information provided on the site is not intended for distribution to or use by any person or entity in any jurisdiction, or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this site. You may not use the site in a way that would violate the Gramm-Leach, Bliley Act (GLBA).

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the site. If you are a minor, you must have your parent or guardian read and agree to these terms of service prior to you using the site.

By accepting these terms of service, you are also agreeing to our privacy policy.

INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the site (collectively, the "content") and the trademarks, service marks, and logos contained therein (the "marks") are owned or controlled by us, licensed to us, or available for public use, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The content and the marks are provided on the site "AS IS" for your information and personal use only. Except as expressly provided in these terms of service, no part of the site and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without express prior written permission.

Provided that you are eligible to use the site, you are granted a limited license to access and use the site and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the site, the content and the marks.

USER REPRESENTATIONS
By using the site, you represent and warrant that: (1) All registration information you submit will be true, accurate, current, and complete; (2) You will maintain the accuracy of such information and promptly update such registration information as necessary; (3) You have the legal capacity and you agree to comply with these terms of service; (4) You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this site, and they have reviewed, understood, and agreed to these terms of service; (5) You will not access the site through automated or non-human means, whether through a bot, script or otherwise; (6) You will not use the site for any illegal or unauthorized purposes; and (7) Your use of the site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and services purchased through the site and refuse any and all current or future use of the site or services purchased or redeemed through the site (or any portion thereof).

USER REGISTRATION
You will be required to register with the site in order to obtain products or services from the site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to temporarily suspend, or revoke access to your account at any time in the event your account becomes compromised.

PRODUCTS
All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products/services are subject to change.

PURCHASES, PAYMENTS, AND BILLING
We currently accept the following forms of payment:
- PayPal
- Bitcoin
- Payments by Stripe
- Visa
- Mastercard
- Discover
- American Express

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, billing address, and other contact information, so that we can complete your transactions and contact you as needed. We may change our prices at any time. All payments shall be made in/or converted to U.S. dollars.

You agree to pay all charges at the prices in effect for your purchases, and any applicable gateway fees should they be charged, and you authorize us to charge your chosen payment method for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to us charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you cancel the order. Should you pay with PayPal it is the client's responsibility to cancel the recurring payment subscription through PayPal. For more information on how to cancel a recurring subscription through PayPal, please contact PayPal directly. We reserve the right to correct any errors or mistakes in pricing, even if we have already invoiced for, or received payment. We reserve the right to refuse any order for any reason deemed appropriate by Sullivan's Hosting LLC, its employees, and payment providers.

All of our services are billed according to the dates they were first activated on. In the event a client's account becomes delinquent we will make reasonable effort to contact the client informing them of their delinquency, and their services will become suspended the following day after the invoice due date. After the 31st day of delinquency, the client's data will be destroyed and will no longer be available for recovery.

UPTIME GUARANTEE
We offer our clients a 99.99% uptime guarantee. In the event we fall short of that 99.99% uptime guarantee (measured monthly), we will happily provide the client with a credit based on the situation, and the amount of downtime that occured. However, credits can not and will not be issued for the following reasons:
- DDoS Attacks
- Scheduled Maintenance
- Reboots
- Hardware replacements
- Null-Routes
- Or anything else outside the direct control of Sullivan's Hosting LLC
In order for you to receive compensation for the downtime, you must submit a ticket through our clientarea to our billing department.

REFUND POLICY
Unless otherwise stated, all of our services come with a 24-hour money back guarantee. Any and all refund requests must be forwarded to our billing department by opening a ticket through our clientarea. Special offers, discounts, Domain Names, SSL Certificates, and Dedicated Servers are NOT eligible for the 24-hour money back guarantee under any circumstances, and only an account credit can be issued, unless deemed otherwise by Sullivan's Hosting LLC. Any cryptocurrency payments (for example bitcoin, or BTC) are non-refundable, and only an account credit can be issued.

ACCEPTABLE USE POLICY
All services provided by Sullivan's Hosting LLC may be used for lawful purposes only. Transmission, storage, or presentation of any data or material(s) in violation of any United States federal, state, county, or city law is prohibited. This includes but is not limited to material(s) we find threatening or obscene, material(s) protected by trade secret or other statue, or copyrighted material(s). The client agrees to indemnify, hold innocent and harmless Sullivan's Hosting LLC and its employees from any claims resulting from the use of the service which damages the client or any other party. Our acceptable use policy is strictly enforced. Offending material(s) or users will be suspended, and/or terminated with or without prior notice.

Content relating to hacking, cracking, warez and IRC are not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the material(s). Illegality in any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material(s). Mail spam/abuse is not tolerated and will result in an instant suspension. Accounts suspended due to content or AUP/TOS violation(s) will not be refunded under any circumstances.

Under no circumstances can any services provided by Sullivan's Hosting LLC be used for any illegal activity. The following material(s) are prohibited from being used on any and all of our services provided to you:
- IRC Egg Drops
- Resolvers/Sniffers
- Child Pornography
- Cryptocurrency Miners
- Malicious PHP Shells
- FormMail.cgi, FormMail.pl from Matt's script archive
- Anything Piracy Related
- Illegal activities including but not limited to scamming, pirating software, and phishing
- Destructive activities including but not limited to malware, and SQL injectors
- Usenet Groups
- IP Address Spoofers
- Public VPNs (Personal use allowed)
- TOR or Streaming Services
- Open Proxies
- Anonymous Mailers
- Unsolicited Bulk Email
- Mail/SMS Bombers
- Stressers/Booters

Client further acknowledges that Sullivan's Hosting LLC's liability for its own negligence may not in any event exceed an amount equivalent to a one-months charge payable by the client for services during the period damages occurred. In no event shall Sullivan's Hosting LLC be held liable for any special or consequential damages, loss or injury.

Clients acknowledge that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Sullivan's Hosting LLC and that damages resulting from any interruption of service are difficult to ascertain. Therefore, clients agree that Sullivan's Hosting LLC shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Sullivan's Hosting LLC.

LIMITATION OF LIABILITY
Sullivan's Hosting LLC, OUR DIRECTORS, EMPLOYEES, OR AGENTS IN NO WAY WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM THE USE OF THE SITE, OR THE SERVICES PROVIDED BY THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your contributions; (2) use of the site; (3) breach of these terms of service; (4) any breach of your representations and warranties setforth in these terms of service; (5) or your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable effort to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

DISCLAIMER
Sullivan's Hosting LLC cannot be held liable for system downtime, crashes, or data loss. Sullivan's Hosting LLC has the right to terminate, suspend or cancel any client and or any service without notice or refund. We cannot be held liable for any predicted estimate of profits/income in which a client would have gained if their service was functioning. Certain services provided by Sullivan's Hosting LLC are resold. Thus, routing, software, and programming used by Sullivan's Hosting LLC are not directly owned or written by Sullivan's Hosting LLC. Moreover, Sullivan's Hosting LLC holds no responsibility for the use of our client's accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated, and all services will be suspended, pending deactivation. We reserve the right to remove any account without advance notice for any reason without restitution as Sullivan's Hosting LLC sees fit. Sullivan's Hosting LLC is not responsible for any client's files, data or actions. Further, Sullivan's Hosting LLC retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

CONTACT US

Sullivan's Hosting LLC
482 Southbridge Street
#335
Auburn, MA 01501
[email protected]

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