THE SMALL PRINT IN A READABLE SIZE.
NOTE: THIS IS A LEGALLY BINDING AGREEMENT, READ THROUGH THE ENTIRE SET OF TERMS
Terms. Client shall be understood to be you, the purchaser of service. Web site shall be understood to be your web site respectively
located on ServerForest's systems. Account shall refer to your account provided by ServerForest. Service provider shall be understood to be Universal Networks (d.b.a. ServerForest).
I. Length of the Agreement. Service is for one year term unless otherwise specified. Renewal will be required for service to continue
after that term.
II. Applicable Law. Account may not be used for illegal activity as defined by the laws of the United States, the State of Missouri,
and Saint Charles County, MO. Client waives right to choose a legal venue other than St. Charles, MO for any legal action. Client
further waives rights to legal action as explained in section XIII.
III. Subscription Billing. If payment is made via PayPal, payment shall be entered as a subscription unless otherwise specified. By
signing up for a PayPal subscription, you authorize PayPal to make a payment to Universal Network at each renewal date until you either
(a) cancel your ServerForest account via your PayPal account or (b) notify Universal Networks to terminate your account.
IV. Prohibited Content and Activities. Content deemed hateful, pornographic and/or immoral solely by the discretion of ServerForest
shall be deemed reasonable cause for termination of the client's account and the seeking of damages if applicable. No IRC servers,
automated systems ("bots") or related services may be operated on the server, no daemons may be installed on the server without
administrator permission. ABSOLUTELY NO UNSOLICITED E-MAIL DISTRIBUTION ("SPAM") SHALL BE PERMITTED ON THIS SERVER. If the client uses
unsolicited methods and causes the server to be listed in SPEWs or otherwise disabled, the client agrees to pay fines issued by
V. Respect of Copyrights on the Server. Copyrighted materials may not be placed on the server unless authorized by the copyright
holder. PIRATED SOFTWARE ("WAREZ"), SOUND RECORDINGS AND OTHER FILES THAT VIOLATE COPYRIGHT LAW ARE STRICTLY PROHIBITED. ServerForest
accepts no responsibility for content placed on the server by the client.
VI. Early Termination. Should the service cease operations or the client's account be terminated prior to the one year period, the
remaining months of service will be refunded at their full monthly rate, so long as the termination is not related to a violation of
the terms of this agreement.
VII. Unreasonable Server Usage. The account shall not place undue burden on server that lowers quality of service for other users.
Should such happen, reasonable attempts at resolution will be made. ServerForest is the sole arbiter of what shall constitute
VIII. Indemnification. You agree to indemnify and hold guiltless Universal Networks and Universal Networks' providers from any legal
action against your site, including but not limited to any losses, claims, damages, liabilities, penalties, actions, proceedings or
judgments (collectively, "Losses"). Universal Networks shall not be responsible for clients' web sites.
IX. Violation of Agreement. If a site fails to follow these terms, in most cases, a reasonable period will be provided for resolution.
If prohibited content and/or activities are detected on the client's account, the service shall be immediately disabled.
X. Support Obligations. The client acknowledges that this service is provided as unsupported in cases of "Special Edition" accounts.
Client acknowledges that "Pro" accounts are semi-supported with an expectation that the client can perform most actions on the account.
Universal Networks may advise a client to upgrade to a managed "Site Solutions" account if the client requires more support than is
provided by "Special Edition" or "Pro" accounts.
XI. Malicious Behavior. The client shall not participate in any activity likely to cause retaliation against Universal Networks or its
providers, including, but not limited to, distribution of malicious scripts, programs, or other forms of malicious behavior. The client
also agrees not to intercept messages not intended for the client.
XII. Bad or Failed Payments. You authorize Universal Networks to assess a processing service charge equal to any fees assessed to
Universal Networks and its affiliates plus twenty-five dollars ($25.00) or 10%, whichever is greater, upon a bounced check, chargeback
or other failure on the client's end that causes payment failure and incurrence of fees to Universal Networks from PayPal, a credit
card processing company, bank or other entity by which your payment was to be routed.
XIII. Changes to the Terms of Service. The terms of this agreement may be changed at any time with the changes becoming binding if not
rejected within 30 days of publication at http://www.serverforest.com/aup-tos.html . It is the responsibility of the client to stay
apprised of the changes published at this address.
XIV. NO WARRANTY. THESE SERVICES ARE PROVIDED BY THE SERVICE PROVIDER (UNIVERSAL NETWORKS) "AS IS" AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE SERVICE PROVIDER OR RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL,EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF
XV. Arbitration. Client agrees to use arbitration for any claims that might arise from and be related to the service, waiving any other
legal avenues for making the said claims. The Better Business Bureau or another mutually agreeable arbitrator shall be chosen in such
Acceptable Use Policy/Terms of Service D-091229.