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.

This 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.
1. 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 this Agreement.
2. 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 suppliers.
3. 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%.
4. 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 TOS.
5. 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.
6. 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.
7. 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 or fax the cancellation request to 888-404-2090. You must have all account information to cancel.
8. 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.
9. 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.
10. 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.
11. 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 customers.
12. 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.
a. 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.
b. 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 your account.
c. 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.
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.
13. Network
a. 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.
b. 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 account.
c. 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, without limitation:
i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing", "crashing" or similar.
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not entitled.
14. Notification of Violation:
a. 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 Internet-related activities.
b. 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 violations.
c. 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 further notice.
d. 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.
15. 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.
16. 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.
17. 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.
18. 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. 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 provision thereof.
b. 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.
c. 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.
d. Sekweta Technologies 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 Sekweta Technologies.
e. 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.
19. Responsibility for Content: You, as Sekweta Technologies' customer, are solely responsible for the content stored on and served by your Sekweta Technologies server.

Sekweta Technologies, LLC
PO Box 191
New Port Richey, FL 34656
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