Terms of Service (TOS) [Updated: February 15, 2007] THIS AGREEMENT BETWEEN Sycoblue.com and you where “you” is referred to as (“Account Holders "Users", “Members”, “Customers”, or “Subscribers”) WHEREAS Sycoblue.com agrees to furnish IT - internet based services associated with web sites, web hosting, and domain registration to the User. Use of Sycoblue.com Service constitutes acceptance and agreement to Sycoblue.com's policies are subject to the terms above and as follows: Content: At Sycoblue.com, we strongly prohibit the use of any our service for any illegal activities, if need SycoBlue will do aa investigation of your site with or without the client's consent. If so we will gain access to what ever is need to make sure nothing illegal is taking place, and the Terms of Service is being followed as stated. Although we are a global web hosting service provider, all our subscribers must be in accordance with U.S. Federal, State and local laws. Ultimately you, the customer, are solely responsible for the content stored on your Sycoblue.com account. User shall not include content, or internet links to content on the Site that contain, promote or involve any of the following. Examples include but are not limited to: 1. Any copyright, patent, trademark, or other intellectual property right. 2. Child Pornography 3. Hate content 4. Threatening, racial, or otherwise abusive content. 5. Any and all content inciting, instructing, or promoting illegal activities. 6. Fraud, MLM (Multi-Level Marketing), Pyramid schemes, or any other activities deemed to be fraudulent. 7. Hacking/Phreaking, warez, cracks, spam software or any material that contains a virus or any other harmful code. 8. Abuse towards our staff or other clients on our network is not tollerated. Your account and all associated will be suspended pending termination after reveiw. Slander about Sycoblue.com over the internet is grounds for account termination. 9. The term Un Metered / Unlimited applies to files that are needed to host your website and or business. Use of our servers prohibits the storage of home computer files / mp3,4 / Mass storage of software / movies / your account can host files pertaining to your website and or clients. 10. Seeding Torrets /Bit Torrents are not allowed 11. If your account is hosted on our shared server and not a VPS or dedicated server, you are subject to a 20% server use policy. No one account can maintain server CPU usage that last longer than 3 Minutes that exceeds 10% of the server available power. 12. Shout cast or streaming music is prohibited. 13. Links to Any copyright, patent, trademark, or other intellectual property right, that is not permitted by the owner of said property. Payment: Establishment of service is reliant upon receipt by the Company of payment of affirmed charges. Following payments are due on the anniversary date of the month for that month's service. Payments and Fees: Accounts that reach 5 days past due will be suspended and are subject to a late fee. Accounts that are not collectable by Sycoblue.com may be turned over to an outside collection agency for collection. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Dedicated servers cancelation must be done 20 days before due date, or you will be responsible for the invoice that comes due. Failure to Pay: Sycoblue 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 made in writing or through the helpdesk system. Sycoblue.com’s preferred method of cancellation is via the helpdesk of your Sycoblue.com account. Please log into the helpdesk and you can request to have your account cancelled. Disclosure to Law Enforcement: At Sycoblue.com, we specifically forbid the use of our service for any unlawful activities. Therefore, User agrees that the Company may reveal 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 Sycoblue.com shall have the right to terminate all service set forth in this Agreement. Support Boundaries: Sycoblue.com, provides technical support to our subscribers and our staff is limited to our area of expertise. The following are our guidelines when providing support: • Sycoblue.com does not offer tech support for application specific issues such as cgi programming, html or any other such issue. • Sycoblue.com does not provide technical support for YOUR customers. If you can email, we encourage you to email Support@Sycoblue.com.com for assistance. SPAM and Unsolicited Commercial Email (UCE): Sycoblue.com 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 Sycoblue.com may not use or permit others to use our network to transact in UCE. Customers of Sycoblue.com 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 Sycoblue.com's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Sycoblue.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, Sycoblue.com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Sycoblue.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Sycoblue.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Sycoblue.com will notify law enforcement officials if the violation is believed to be a criminal offense. Network 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"). Sycoblue.com will monitor Customer's bandwidth and disk usage. Sycoblue.com 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 Sycoblue.com's sole and absolute discretion. If Sycoblue.com 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, Sycoblue.com may, at its sole discretion, collect a deposit, in an amount determined by Sycoblue.com, against customer's credit card on file with Sycoblue.com. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Sycoblue.com Network. Violations of system or network security may result in civil or criminal liability. Sycoblue.com 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: Sycoblue.com is under no duty to look at each customer's or user's activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities. Sycoblue.com reserves the right to suspend any account in violation with out warning or notifacation. 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. Sycoblue.com takes no responsibility for any material input by others and not posted to the Sycoblue.com Network by Sycoblue.com. Sycoblue.com is not responsible for the content of any other web sites linked to the Sycoblue.com Network; links are provided as Internet navigation tools only. Sycoblue.com 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. Sycoblue.com is not responsible for any damages your business may suffer. Sycoblue.com does not make implied or written warranties for any of our services. Sycoblue.com 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 Sycoblue.com. It is absolutely forbidden to IRC servers on. Accounts found hosting this material will be subject to immediate cancellation without refund. Sycoblue.com reserves the right to suspend and terminate any account without permission of the user at the sole discretion of SycoBlue.com REFUNDS AND GUARANTEES Money back guarantee on all our web hosting plans and packages: To prove to you how confident we are in our services, we will offer you a 15 day money back guarantee on web hosting plans and packages. Domain name registration and transfers are non-refundable. If for any reason you are not completely satisfied with our services and cancel your account within the initial 15 days from the order date of your account we will refund you all your money (excluding any setup fees). Refunds may take up to two weeks to process. Please note: Sycoblue.com will not issue refunds to users who have their account terminated by Sycoblue.com, for breach of our terms of service. Refunds will not be made to users who exceed their allocated bandwidth limit. Accounts that are renewed for additional terms are also not subject to our money back guarantees. Other Network Provisions: 98% uptime guarantee: If for any reason (except for scheduled downtimes) our network or servers are down for longer than 0.10% in any month, you can request a 5% discount for your following month's services. For clients paying yearly, the equivalent to 5% of a monthly payment will be deducted off the next payment. Responsibility for Content: You, as Sycoblue.com's customer, are solely responsible for the content stored on and served by your Sycoblue.com server or hosting account. All provisions of this contract are subject to the TOS (Terms of Service) of Sycoblue.com and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of Sycoblue without notice. Subscriber understands that change to the AUP by Sycoblue shall not be grounds for early contract termination or non-payment. Charge backs, and paypal disputes will be an automatic account cancelation. (regardless of the out come) Even though Sycoblue.com does server back ups. It is your responsiblity to have complete back ups of your account(s). Sycoblue reserves the right to change or modify, the tos at any time. Sycoblue has the right to suspend or terminate (at our discretion) any accounts that violate the Terms of Service without notice to the user. Proxy Hosting: Proxy hosting is provided on the basis of being for the use of legal and moral practices. Any account found to be in violation of this may be terminated. The pre-installed script for all Sycoblue proxy accounts is done with the interest of the majority of our clients in interest, if the user wishes to use a different script s/he may use the following scripts PHProxy, Glype, Zelune, and/or Proxono. We do NOT allow “CGI Proxies” We choose to auto-install PHProxy as it seems to be the most popular. If you would like to have a different script installed by Sycoblue please contact us through the support platform, but please beware a one time setup fee of 9.95 will be charged.