This Terms of Service (TOS) agreement is an agreement between SuperiorASP.NET ("SuperiorASP.NET", "us", "we", "our") and you ("customer", "client", "member", "you", "your", "they"). Use of any SuperiorASP.NET services constitutes acceptance and agreement to this Terms of Service (TOS) agreement as well as the SuperiorASP.NET Acceptable Use Policy (AUP), Privacy Policy and Unlimited Policy. Our Data Processing Addendum under the European General Data Protection Regulation (GDPR) also forms part of the TOS.
SuperiorASP.NET reserves the right to terminate this TOS for any reason or no reason. SuperiorASP.NET reserves the right to refuse service to anyone.
The features and details of the Services governed by this TOS are described on our website at "SuperiorASP.NET". Throughout this TOS, the aspects of the Services provided to you by SuperiorASP.NET, are referred to together as the "Service." Certain parts of the Service may be provided by third party vendors. These third parties may have reserved the right to make changes, including material changes, to their products and incorporated into our Service. If a third party makes a change to its products, you may not terminate this TOS based on such a change, even if it materially affects the Service.
If you believe that this AUP is being violated, you may report this issue to abuse@SuperiorASP.NET. Please note that we require full details and the identification of the portion of this AUP that is being violated, and furthermore, we do not review anonymous reports. Your notice must contain your first and last name, a valid e-mail address and telephone number.
SuperiorASP.NET reserves the right to amend its service offerings and add, delete, suspend, or modify the Service and Service fees at any time at its sole discretion, and reserves the right to determine whether and when any such changes apply to both existing and future customers.
SuperiorASP.NET offers different billing cycle periods for hosting charges. In choosing a billing cycle, Customer agrees to a term contract for SuperiorASP.NET Service for a period equivalent to their billing cycle. Hosting service contracts automatically renew in perpetuity after the billing cycle period for the same contract period unless the Service is canceled by the Customer or the billing cycle is changed. If the billing cycle is changed, then the contract is automatically renewed each term in perpetuity at the new billing cycle unless the Service is cancelled by the Customer or if the billing cycle is changed.
The date of the initial online order for SuperiorASP.NET Service will set the Account monthly Billing Date for all future billings. Some adjustments of the Billing Date will be performed should the online order date occur on the 29th, 30th, or 31st of the month. Services are provided on a prepayment basis and fees for services will be billed on the Billing Date of the specific billing cycle of the Service. All fees are fully earned when due and non-refundable when paid. Customer agrees that SuperiorASP.NET will charge all Service Fees to the credit card supplied by Customer. All payments shall be made in US Currency. The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder. If applicable, all taxes will be paid by the Customer.
If Customer terminates this Agreement within 30 calendar days of the order's initial sign up date and they request immediate termination, they will receive a full refund of the hosting Service Fees paid when setting up the account. Setup fees, new domain name registration fees purchased by Customer are not refundable. If Customer requests termination at the end of the first 30 days, then there will be no refund. This Money Back Guarantee does not apply to the renewal term or plan/period changes. Customers can submit account cancellation requests through the Client Area and select immediate termination or termination at the end of the first 30 days.
If Customer has purchased or received one or more discounted or complimentary SuperiorASP.NET services with their hosting plan, SuperiorASP.NET reserves the right to charge Customer for the full retail price of those services upon termination for refund. SuperiorASP.NET purchases these services from third parties and does not have the ability to cancel them until their term ends.
SuperiorASP.NET Services allow customers to order and manage multiple hosting accounts within their Client Area. For each hosting account, the customer can select from different billing cycle period terms.
Any one time fees are due and payable at the time they are incurred and are non-refundable.
Certain services are provided by Third Parties - such as Domain Name registration, Domain Privacy, SSL Certificates, SiteBackup, EmailBackup, M365Backup, SiteLock Services, SpamExperts, and GoMobi - and may be on a billing cycle which can be out-of-sync with the Billing date. Most services will autorenew, but for some services the customer is responsible for logging into their client area and renewing these third party services manually. Customer understands that SiteLock Services, SiteBackup, EmailBackup, M365Backup, SpamExperts, and SSL certificates are refundable within 30 days of purchase/renewal. Customer understands that fees paid for Domain Name registration and Domain Privacy are non-refundable.
Under this TOS, the Customer has the option, through the Order Form or as part of service activation within the Client Area, to request SuperiorASP.NET to register a new domain name on behalf of the Customer. Customer understands and acknowledges that SuperiorASP.NET is not a Domain Registrar and that SuperiorASP.NET will register new domain names through a Domain Registrar partner selected by SuperiorASP.NET. Customer understands that the domain registration process requires SuperiorASP.NET to pass Customer Information to the Domain Registrar partner and such information may become public information. SuperiorASP.NET will not be responsible if a domain name is not available for any reason. SuperiorASP.NET will not be responsible for any infringement of any third party rights caused by its domain registration on behalf of Customer. For such new domain name registrations, Customer shall comply with the current Domain Registration Agreement, ICANN Uniform Domain Name Dispute Resolution Policy posted at https://www.icann.org/dndr/udrp/policy.htm, and Registrant's Benefits and Responsibilities Under the 2009 Registrar Accreditation Agreement posted at https://www.icann.org/en/resources/registrars/registrant-rights/benefits. ICANN also provides Registrant educational materials at https://www.icann.org/en/resources/registrars/registrant-rights/educational.
SuperiorASP.NET will automatically renew domain names that we register on behalf of the Customer for one year, unless Customer deselects the Domain Auto-Renew service. If the customer deselects the Domain Auto-Renew service, the customer will receive an email to notify them of their upcoming domain expiration date and there will be alerts in the Client Area domain section. The customer must then renew their domain through the SuperiorASP.NET client area. The most current domain registration fee is posted on the SuperiorASP.NET site at https://www.superiorasp.net/members/cart.php?a=add&domain=register.
If the domain name expires, the domain name will become inactive and will enter a grace period. The customer can renew their domain after its expiration through the SuperiorASP.NET client area during the grace period. If the domain has expired and passes the grace period, the domain name enters the redemption period and the customer must contact SuperiorASP.NET billing department to renew. If the customer desires to obtain rights to the domain name that is in the redemption period, the customer will be charged $200 ($300 for .store domain) to reclaim their rights to the domain name. If the domain is beyond the end of the redemption period, the customer understands that SuperiorASP.NET can no longer renew the domain name.
SuperiorASP.NET may participate in Account Updater Services supported by your payment card provider. With this program, your card provider may notify SuperiorASP.NET of any changes to your card number or expiration date. In accordance with the program, if SuperiorASP.NET is notified of any changes, we will update your payment information on your behalf. SuperiorASP.NET makes no guarantee that we will request or receive any updated card information.
Should any service credits be issued to the Customer account, they will be used to offset hosting fees assessed in the future. Service credits are not cashable and cannot be transferred to other accounts.
SuperiorASP.NET uses various technologies to screen orders for fraud prevention. Each order for new Service is subject to our fraud prevention screening. SuperiorASP.NET is not obligated to provide Service to Customer until Customers comply with all fraud prevention program requests. Any unfulfilled requests may result in account suspension and/or account cancellation. Customers may still be responsible for any Third Party Service that they may subscribe to. SuperiorASP.NET is not responsible, and Customer agrees to hold SuperiorASP.NET harmless from, any liability or damage that Customer or any third party may sustain, should Customer fail to meet the criteria of the fraud prevention controls.
If Customer wishes to cancel Service for any reason, the Customer must log into their Client Area at https://www.superiorasp.net/members/ and use the cancellation link to submit a cancellation request to us. Once we approve the cancellation request, it takes effective immediately or at the end of the current billing period depending on the customer's choice. For security and privacy, all customer files, data, and e-mail remaining on SuperiorASP.NET servers after the cancellation date will be destroyed and unrecoverable. It is the Customer's responsibility to backup their files and data and download their e-mail prior to requesting Cancellation. SuperiorASP.NET is not responsible, and Customer agrees to hold SuperiorASP.NET harmless from, any liability or damage that Customer or any third party may sustain, should customer files and data be destroyed after site cancellation.
Abiding by Domain Registrar policies, you are free to move domains that were registered through SuperiorASP.NET to other domain registrars. A domain name unlock tool is made available in the Client Area.
All SuperiorASP.NET services are non-refundable. Customers seeking to resolve any billing errors are required to open a billing ticket through the Support Portal at https://support.SuperiorASP.NET. The Customer agrees not to issue chargebacks for any credit card payments. A chargeback of payment for services rendered will result in an additional charge of $150.
All payments are due in full on the Billing Date. Failure to remit payment for services on the Billing Date is a violation of this TOS. Failure to remit payment for ten (10) consecutive days, including the Billing Date, shall result in a suspension of public access to Customer services. Failure to remit payment for services within twenty-five (25) consecutive days, including the Billing Date, shall result in termination of access to the service network and all services shall be reclaimed. All Customer files and data remaining after twenty-five (25) days of non-payment will be destroyed and unrecoverable for security and privacy reasons.
Customer agrees that they will not use excessive amounts of CPU processing on any of SuperiorASP.NET's servers. Any violation of this policy may result in remedy action by SuperiorASP.NET, which may be taken in SuperiorASP.NET's sole discretion with or without notice.
For SuperiorASP.NET Basic, Customer agrees that bandwidth and disk space usage shall not exceed the number of gigabytes per month ordered by Customer or similarly situated Customers. For all plans, SuperiorASP.NET will monitor Customer's bandwidth and disk space usage. For your convenience, a Resource Usage meter is provided in the Hosting Control Panel. SuperiorASP.NET shall have the right to take remedy action if Customer's bandwidth or disk space usage exceeds the Agreed Usage or if usage does not adhere to SuperiorASP.NET's Acceptable Use Policy (AUP) or Unlimited Policy.
Customer is prohibited from violating or attempting to violate or circumvent the security of the SuperiorASP.NET Network. Violations of system or network security will result in civil or criminal liability. SuperiorASP.NET will investigate any such violations and will cooperate with law enforcement authorities in prosecuting any Customer who is involved in such violations.
Customer Content will include content uploaded to, submitted to, stored on or distributed by Customer via SuperiorASP.NET Services. Customer Content also includes content of users of Customer's website and materials as well as content provided by third parties. Customer will be solely responsible for the development, operation, maintenance and backup of Customer Content.
SuperiorASP.NET may take remedy action with or without notice, which may result in the following: a) removal of all or a portion of the Customer Content, b) disconnection or discontinuance of any and all Services, or c) termination of this Agreement in the event of i) violation of our AUP, ii) notice of violation by Customer of this TOS, iii) non-payment, or iv) chargeback. Customer agrees that SuperiorASP.NET will have no liability to Customer due to any Remedy Action that we may take. Customer also agrees that SuperiorASP.NET will not provide any refunds of any fees paid by Customer prior to Remedy Action. In the event of Remedy Action against Spamming Activities or Internet Abuse, SuperiorASP.NET will charge the customer a $500.00 clean up fee.
We reserve the right to immediately suspend the Service and/or terminate this TOS: (i) for a violation of any of our policies, including those incorporated by reference; and/or (ii) your failure to pay any amounts due. This right of termination is without prejudice to any other rights we may have. You are not entitled to any type of notice or protest should we decide to exercise these rights, nor will you receive a refund of any Fees.
Your use of the Services must be reasonable and you may not place excessive burdens on our servers or other resources. You agree that we may place restrictions on your use of the Service, and charge you excess fees, to the extent that they exceed the use of the Service of similarly situated customers. You understand that disk space, bandwidth, connection speeds and other similar indices of capacity are maximum numbers. Reaching these capacity numbers on a regular basis may result in SuperiorASP.NET placing restrictions on your use of the Service.
When a Site is terminated or canceled, all files and data will be destroyed and unrecoverable for security and privacy reasons. SuperiorASP.NET has no responsibility to forward e-mail, or other communications, for you once your Site is closed and you will no longer have access to the hosting control panel. You are encouraged to keep the Service active during a transition period should you seek to forward your e-mail or other communications.
Customer represents and warrants to SuperiorASP.NET that during the Term that Customer owns, has a valid license, or has the right to use the Customer Content, including all text, graphics, and code, and the use, reproduction, distribution and transmission of the Customer Content and any information and materials contained therein does not, and will not, (i) infringe any copyright, trademark, or any other proprietary right of a third party, (ii) violate any criminal laws and will only be used for lawful purposes, (iii) constitute false advertising, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation, or (iv) contain and will at all times remain free of computer viruses, trojan horses, worms, and other malicious code.
You represent and warrant to SuperiorASP.NET that: (i) you have the knowledge necessary to use the Service; (ii) you understand and appreciate the risks inherent from accessing the Internet; (iii) you will use the Service without extra effort on our part; and (iv) that you will pass through the terms of our Acceptable Use Policy to End Users.
Customer grants SuperiorASP.NET a royalty-free, non-exclusive, worldwide right and license to reproduce, copy, use and distribute Customer Content and to make archival or backup copies of the Customer Content solely to provide and operate the Services. SuperiorASP.NET acknowledges that they are not acquiring any right, title or interest in or to the Customer Content, all of which shall remain solely with the Customer.
SuperiorASP.NET grants to Customer a non-exclusive, non-transferable, royalty-free license, during the term of this Agreement, to use SuperiorASP.NET Technology solely for the purpose of accessing and using the Services. Customer may not use the SuperiorASP.NET Technology for any purpose other than accessing and using the Services. Except for the rights expressly granted herein, this Agreement does not transfer from SuperiorASP.NET to Customer any SuperiorASP.NET Technology, and all rights, titles and interests in and to the SuperiorASP.NET Technology shall remain solely with SuperiorASP.NET. Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from any of the SuperiorASP.NET Technology. SuperiorASP.NET's trademarks, tradenames, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of SuperiorASP.NET. Customer may not use any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of SuperiorASP.NET.
SuperiorASP.NET and Customer are independent contractors. Nothing contained in the TOS places SuperiorASP.NET and Customer in the relationship of principal, agent, partner or joint ventures. Neither party may represent itself as having any authority to make contracts or enter into any agreements in the name of the other party.
Any feedback, data, answers, questions, comments, suggestions, idea or the like which Customer sends to SuperiorASP.NET relating to the Services will be treated as being non-confidential and non-proprietary. SuperiorASP.NET may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.
You are responsible for and must provide all Internet connectivity services, computers, software, hardware, and other services necessary to access SuperiorASP.NET servers and Services. SuperiorASP.NET makes no representations, warranties, or assurances that customer's equipment will be compatible with SuperiorASP.NET Services.
This Agreement shall be governed in all respects by California law without regard to the conflict of law provisions thereof. Both parties submit to personal jurisdiction in California. The terms of this section shall survive any termination of this Agreement.
Customer may not export, re-export, transfer or make available, whether directly or indirectly, any regulated items or information to anyone outside the United States in connection with this TOS without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction Customer operates or does business.
Each party agrees to indemnify and hold harmless the other party, the other party's affiliates, and each of their respective officers, directors, agents, attorneys, and employees from and against any and all claims, demands, obligations, liabilities, damages, losses, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party's actual or alleged infringement or misappropriation of a third party's copyright, trade secret, patent, trademark, or other proprietary right.
Customer agrees to use all Services and any information obtained through or from SuperiorASP.NET, at Customer's own risk. Customer acknowledges and agrees that SuperiorASP.NET exercises no control over, and accepts no responsibility for, the content of the information passing through SuperiorASP.NET's host computers, network, or the Internet. THE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF SuperiorASP.NET, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE ("SuperiorASP.NET PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT SuperiorASP.NET PROVIDES. NO SuperiorASP.NET PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. SuperiorASP.NET IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S USERS VIA THE SERVICES PROVIDED BY SuperiorASP.NET. NO ADVICE OR WRITTEN INFORMATION GIVEN BY ANY SuperiorASP.NET PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.
Customer agrees that no SuperiorASP.NET Person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to SuperiorASP.NET at the time) which may exist in the Services or SuperiorASP.NET's equipment used to provide the Services.
Under no circumstances, including negligence, shall any SuperiorASP.NET Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its users, or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if SuperiorASP.NET has been advised of the possibility of such damages.
No SuperiorASP.NET Person shall be liable to Customer, any of its users, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to SuperiorASP.NET's records, programs, equipment, or services.
IN NO EVENT WILL SuperiorASP.NET'S LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE ACTUAL SERVICE FEES PAID TO SuperiorASP.NET BY CUSTOMER DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
SuperiorASP.NET CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. SuperiorASP.NET WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
Customer understands, acknowledges and agrees that if SuperiorASP.NET takes any remedy action under this Agreement because of an action of Customer or its website users, Customer agrees that SuperiorASP.NET shall have no liability to Customer due to such remedy action by SuperiorASP.NET.
The terms of this section shall survive any termination of this Agreement.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, acts of government or other legal order, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
We each warrant to the other that: (i) we have the power, authority and legal right to enter into this TOS; and (ii) we have the power, authority and legal right to perform our obligations under this TOS and all incorporated provisions.
This TOS may be assigned by SuperiorASP.NET. It may not be assigned by you. This TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.
No waiver of rights under this TOS, or any other SuperiorASP.NET policy shall constitute a subsequent waiver of this or any other right under this TOS.
This Agreement represents the entire agreement between the parties, and supersedes all previous agreements. All rights and restrictions contained in the Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect. Customer hereby represents that they are either, an individual entering this Agreement for their personal use and is of legal age to execute this Agreement, or a corporation, limited partnership or other legal entity, validly existing under the laws of the state of its organization and the person acting on behalf of Customer is authorized to execute this Agreement on behalf of Customer.
