Hosting Terms of Service

All Payments To Silicon Landscapes, Inc. Hosting Are Non-Refundable past the 30-day (shared hosting) Moneyback guarantee period for shared hosting. WE DO NOT OFFER PRO-RATED REFUNDS FOR THE CURRENT MONTH with the exception of the shared hosting 30 day Guarantee!!! But will refund any advanced payments not including the current month.

Dedicated server purchases and setup fees are NON-REFUNDABLE once purchased. WE DO NOT OFFER PRO-RATED REFUNDS FOR THE CURRENT MONTH!!! But will refund any advanced payments not including the current month.

*Domain Name Registrations, SSL certificates and IP addresses are non refundable once purchased.

Silicon Landscapes, Inc. Hosting ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Silicon Landscapes, Inc. Hosting Service constitutes acceptance and agreement to Silicon Landscapes, Inc. Hosting's AUP as well as Silicon Landscapes, Inc. Hosting's TOS (Terms of Service).

All provisions of this contract are subject to Silicon Landscapes, Inc. Hosting, Inc's TOS (Terms of Service) and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Florida, county of Okaloosa applicable to contracts enforceable in that state. Venue will be Okaloosa County, Florida.

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber 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 Subscriber. In addition Silicon Landscapes, Inc. Hosting shall have the right to terminate all service set forth in this Agreement with or without advanced notice to protect its other clients and interests. Any client terminated with due cause will not be entitled to any refunds of payments made even if made during the 30 (shared hosting) day satisfaction period.

Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber 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 suppliers.

During the initial signup period of new accounts on our shared or dedicated servers we may audit/review content to verify that they meet the requirements of our AUP and TOS, any accounts found to be in violation of either AUP or TOS will be terminated and payments made may or may not be refunded. This is to the sole discretion of the board of directors of Silicon Landscapes, Inc.

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. The above applies to all accounts and services provided by Silicon Landscapes, Inc. Hosting.

Refund and Disputes: All payments to Silicon Landscapes, Inc. Hosting, Inc. are nonrefundable after the 30 (shared hosting) day guarantee period, all other requests will be reviewed and appropriate consideration will be given on a case by case basis. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. WE DO NOT OFFER PRO-RATED REFUNDS FOR THE CURRENT MONTH!!! But will refund any advanced payments not including the current month.

We offer a 99.5% Uptime Guarantee. Members who experience downtime due to hardware failure or network downtime that exceeds the guaranteed limit can ask for a pro-rated refund for that months service.

Backups: We do not do backups of individual sites or account data the user/client is solely responsible for performing backups themselves. While Silicon Landscapes, Inc. makes every reasonable attempt to prevent data loss, there are no claims or guarantees that the client's data can be restored in the event of data loss. Silicon Landsapes, Inc. can accept no responsibility for loss of data or consequences arising from this. Clients who have important data on our servers are strongly advised to implement their own backup system for their own protection. We provide backup of key system files only, in order to restore the server to a running condition as quick as possible.

Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Account Cancellation: Requests for canceling accounts may be submitted to contact @ siliconlandscapes.com.

You must notify us a minimum of 7 days before your next shared hosting or dedicated server bill is due.

Silicon Landscapes, Inc. Hosting's preferred method of cancellation is via e-mail. A Cancellation e-mail must be sent to contact@siliconlandscapes.com. You must have all account information to cancel.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury, whether civil or criminal in nature.

New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 1 to 3 hours. 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 Silicon Landscapes, Inc. Hosting, Inc. on behalf of the account holder a handling fee may be incurred. Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to Silicon Landscapes, Inc. Hosting will require a minimum of seven (7) days to be set up and entered into our 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 Silicon Landscapes, Inc. Hosting on behalf of the account holder a handling fee may be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

Support Boundaries: Silicon Landscapes, Inc. Hosting, will attempt to provide technical support 24/7 to our subscribers. Meaning your question or problem will within reason be answered or solved within 24 hours of the initial contact 7 days a week. Fastest responce time will occur during our normal business hours of operation. We allow emergency calls to a specified number for after hour hosting related down time (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: Silicon Landscapes, Inc. Hosting provides support related to your server or virtual sites physical functioning. Silicon Landscapes, Inc. Hosting does not offer tech support for application specific issues such as cgi programming, html, php, mySQL or any other such issue. Silicon Landscapes, Inc. Hosting does not provide technical support for YOUR customers. If you can email, we encourage you to email contact @ siliconlandscapes.com for assistance.

SPAM and Unsolicited Commercial Email (UCE): Silicon Landscapes, Inc. Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Silicon Landscapes, Inc. Hosting may not use or permit others to use our network to transact in UCE. Customers of Silicon Landscapes, Inc. Hosting 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. Violation of Silicon Landscapes, Inc. Hosting's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Silicon Landscapes, Inc. Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, Silicon Landscapes, Inc. Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Silicon Landscapes, Inc. Hosting may, at its sole discretion, restrict, suspend or terminate customer's account.

Further, Silicon Landscapes, Inc. Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Silicon Landscapes, Inc. Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.

IMPORTANT NOTICE:
Anyone hosting websites or services on Silicon Landscapes, Inc. Shared servers or dedicated servers rented through Silicon Landscapes, Inc. that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server or shared resource 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 the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice and may be assessed reasonable fees associated in removing our ip and resources from said spam lists.

Network
IP Address Ownership: If Silicon Landscapes, Inc. Hosting assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Silicon Landscapes, Inc. Hosting, and Customer shall have no right to use that Internet Protocol address except as permitted by Silicon Landscapes, Inc. Hosting in its sole discretion in connection with the Services, during the term of this Agreement. Silicon Landscapes, Inc. Hosting shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Silicon Landscapes, Inc. Hosting, and Silicon Landscapes, Inc. Hosting reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. 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 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 on the Order Form (the "Agreed Usage"). Silicon Landscapes, Inc. will monitor Customer's bandwidth and disk usage. Silicon Landscapes, Inc. Hosting 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, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Silicon Landscapes, Inc. Hosting's sole and absolute discretion. If Silicon Landscapes, Inc. Hosting 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. In the event that a customer exceeds the included allocation, Silicon Landscapes, Inc. Hosting may, at its sole discretion, collect a deposit, in an amount determined by Silicon Landscapes, Inc. Hosting, against customer's credit card on file with Silicon Landscapes, Inc. Hosting.

Management of the Network: Silicon Landscapes, Inc. reserves the right to manage its network for the greatest benefit of the greatest number of subscribers including, without limitation, the following: rate limiting, rejection or removal of "spam" or otherwise unsolicited bulk email, anti-virus mechanisms, traffic prioritization, and protocol filtering. You expressly accept that such action on the part of Silicon Landscapes, Inc. may affect the performance of the Service. Silicon Landscapes, Inc. reserves the right to enforce limits on specific features of the Service including, without limitation, email storage (including deletion of dormant or unchecked email) and web hosting maximums.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the Silicon Landscapes, Inc. Hosting Network. Violations of system or network security may result in civil or criminal liability. Silicon Landscapes, Inc. Hosting 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, without limitation:
* 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" or "crashing".
* 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 entitled.

Notification of Violation:
Silicon Landscapes, Inc. Hosting 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 our AUP to monitor or police Internet-related activities.

First minor violation: Any User, which Silicon Landscapes, Inc. Hosting 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 Silicon Landscapes, Inc. Hosting's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second minor Violation: Users that Silicon Landscapes, Inc. Hosting 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 further notice.

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 particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. 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: Silicon Landscapes, Inc. Hosting reserves the right to suspend network access to any customer if in the judgment of the Silicon Landscapes, Inc. Hosting 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 Silicon Landscapes, Inc. Hosting 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.

Silicon Landscapes, Inc. Hosting reserves the right to amend its policies at any time. All Sub-Networks, resellers and dedicated server clients of Silicon Landscapes, Inc. Hosting 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: Silicon Landscapes, Inc. Hosting wishes to emphasize that in agreeing to the Silicon Landscapes, Inc. Hosting Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Silicon Landscapes, Inc. Hosting for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Silicon Landscapes, Inc. Hosting or the bringing of any claim against Silicon Landscapes, Inc. Hosting by any third-party. This means that if Silicon Landscapes, Inc. Hosting is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Silicon Landscapes, Inc. Hosting, 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 Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber 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 Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

Silicon Landscapes, Inc. Hosting takes no responsibility for any material input by others and not posted to the Silicon Landscapes, Inc. Hosting network by Silicon Landscapes, Inc. Hosting. Silicon Landscapes, Inc. Hosting is not responsible for the content of any other websites linked to the Silicon Landscapes, Inc. Hosting network; links are provided as Internet navigation tools only. Silicon Landscapes, Inc. Hosting 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.

Silicon Landscapes, Inc. Hosting is not responsible for any damages your business may suffer. Silicon Landscapes, Inc. Hosting does not make implied or written warranties for any of our services. Silicon Landscapes, Inc. Hosting 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 Silicon Landscapes, Inc. Hosting.

Responsibility for Content: You, as Silicon Landscapes, Inc. Hosting's customer, are solely responsible for the content stored on and served by the web server.

Silicon Landscapes, Inc. reserves the right to refuse service to anyone at any time for any reason with or without notice.

How to Contact Us
If you have any questions or concerns about the Silicon Landscapes, Inc. online policy for this site or its implementation you may contact us at contact @ siliconlandscapes.com.