This agreement represents the complete agreement and understanding between
SuccessNet and the account holder (hereinafter called Customer) and supersedes
any other written or oral agreement. Upon notice published on-line via SuccessNet
may modify these terms and conditions, amplify them, and/or modify the prices,
as well as discontinue or change services offered.
If you do not agree to these terms and conditions, please notify as to firstname.lastname@example.org
so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall
constitute your approval.
makes no warranties of any kind, whether expressed or implied, for the service
it is providing. SuccessNet
also disclaims any warranty of merchant ability or fitness for a particular
will not be responsible for damages the customer suffers. This includes
loss of data resulting from delays, non-deliveries, mis-deliveries, or service
interruptions caused by its own negligence, subscriber's errors or omissions,
or due to the fault of third parties.
2. Services provided to the Customer by SuccessNet
may only be used for lawful purposes. Transmission or publication of any
information, data or material in violation of any U.S. Federal or state
regulation or law is prohibited. This includes, but is not limited to, material
protected by copyright, trade secret or any other statute, threatening material
or obscene material. SuccessNet
reserves the right remove any and all materials which infringe on copyright
work. Such materials will be removed at any time upon receiving a complaint
and or notice of copyright infringement.
3. Customer agrees to defend, hold harmless and expeditiously indemnify
from any liability, claim, loss, damage or expense arising out of the indemnifying
party's breach or violation of any covenant contained in this Policy and
resulting from the Customer's use of the service.
accounts cannot be transferred or used by anyone other than the subscriber.
Customers may not sell, lease, rent or assign the connection or parts of
the connection to any party not named in this Policy. Customer may allow
ftp access to its server and host web sites for its customers without violating
this Policy. Network bandwidth charges in excess of allocated amount will
be assessed from access log reports generated by the HTTPD server.
reserves the right to cancel service for any reason without prior notice.
In case of cancellation, unused fees may be returned to the subscriber on
a pro-rata basis. Fees for setup and the first month's service are not refundable.
If a customer reregisters after SuccessNet
cancellation of the account without SuccessNet
written consent, SuccessNet
will cancel Customer's account and all dues and fees paid to date regardless
of whether service has been rendered will be forfeited. Additionally, any
amounts due will be immediately payable.
6. Setup fees are not refundable.
7. At the time of account cancellation, a Cancellation Code will be provided.
If accounts are billed in error after the Cancellation date, credits will
only be issued with a valid
SuccessNet Cancellation Code. If cancellation
is done in writing, it will be the responsibility of the Customer to contact
for the Cancellation Code.
8. Additionally, CUSTOMER agrees not to utilize the SuccessNet
service, equipment or email address in connection with the transmission
of the same or substantially similar unsolicited message to 30 or more recipients
or eight or more newsgroups in a single day. CUSTOMERS responsible for violating
this clause of the SuccessNet
Acceptable Use Policy will be fined $200 per message. Payment by CUSTOMER
under this provision shall not prevent
SuccessNet from seeking other legal remedies
9. Customer agrees not to transmit, promote, or otherwise make available
any software, product or service that is either illegal or designed to violate
this Agreement. Such software, products or services include, but are not
limited to, programs designed to send unsolicited advertisements (i.e. "spamware")
and services which send unsolicited advertisements.
requires that its agreements be made with a person who is qualified to contract.
As such, subscriber must be over the age of eighteen (18) years. Otherwise,
a parent or guardian must accept this agreement and enclose the proper payment.
cannot accept payments from persons who are not at least eighteen (18) years
of age, nor can we accept agreements from persons who are not at least eighteen
(18) years of age.
11. Customer shall ensure that its use of SuccessNet
network services shall not disrupt SuccessNet,
its associated networks or equipment forming part of the systems. In instances
in which an excessive amount of system resources are utilized by a subscriber,
reserves the right to place CPU process limits on
the Customer's account to prevent disruption of service to other customers.
Customers shall not transmit any communication where the meaning of the
message, or its transmission or distribution, would violate any applicable
law or regulation or would likely be offensive to the recipient thereof.
No message may be mass distributed, "broadcast," or otherwise sent on an
intrusive basis to any SuccessNet
user or to any directly or indirectly attached network. Use of SuccessNet
connection in a manner that is disruptive, damaging,
unlawful, offensive, or intrusive as determined by SuccessNet
shall be considered a breach of this Policy and may result in cancellation
of service. This prohibition extends to sending of unsolicited mass mailings
from another service which in any way implicates the use of SuccessNet's
equipment or any site hosted on any SuccessNet
12. Customer warrants that any material submitted for publication on SuccessNet
does not violate or infringe any copyright, trademark,
patent, statutory common law or proprietary interest of others or contain
anything obscene or libelous. SuccessNet
reserves the right to remove any and all materials which infringe on copyright
work. Such materials will be removed at any time upon receiving a complaint
and or notice of copyright infringement.
13. If SuccessNet
becomes aware of material that could be infringing on a third party's copyright,
it will initiate an investigation. To conduct an investigation of copyright
infringement, the Complainant must submit at least two items. First, Complainant
must submit a claim in writing with the applicable copyright or trademark
registration number and a copy of the underlying copyrighted work along
with the Customer's materials. Second, Complainant must offer a good faith
certification signed under penalty of perjury. This certification must state
that the work is the property of the Complainant, that the work has been
copied and that use of the work is not defensible. With this information
at its discretion, may, at any time deny access to the challenged material
14. Use of other organizations' networks or computing resources is subject
to their respective permission and usage policies.
15. For all new domains, there is an initial InterNIC registration fee of
$40.00 for the first two years. SuccessNet
will automatically pay this fee as well as all annual renewal fees of $20.00
to the InterNIC on your behalf while your SuccessNet
account is active and current. These fees will appear on your billing statement
unless prior arrangements are made with our customer service department.
16. Use of SuccessNet's
hosting services could involve listing subscriber's participation in relevant
directories, and subscriber expressly grants permission for such listings.
17. Although all hosting plans permit unlimited data transfer, each plan
is subject to a surcharge in the event usage exceeds the allotted free bandwidth
for that plan. Customer is responsible for charges related to bandwidth
exceeding the plan's allotted data transfer.
is registered with the United States Copyright Office pursuant to the Digital
Millennium Copyright Act. If you believe that your work has been copied
in a way that constitutes copyright infringement by a SuccessNet
customer ("the Customer"), you ("the Complaining Party") must first provide
Copyright Agent with the following information in writing ("the Notification"):
Copyright dept for Notice of claims of copyright infringement can
be reached as follows:
receipt of the written Notification containing the above information by
the Complaining Party, and only upon receiving such Notification, SuccessNet
an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest that is allegedly infringed;
a description of the copyrighted work that you claim has been infringed;
if multiple copyrighted works at a single site are covered by a single
notification, then include a representative list of such works at that
a description of where the material that you claim is infringing is
located on the site sufficient to permit us to locate the allegedly
your address, telephone number, and email address;
a statement that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
the Customer may send a "Counter-Notification" to SuccessNet.
To be effective, the Counter-Notification must be in writing and include
the following information:
Remove or disable access to the material that is alleged to be infringing;
Forward the written notification to the alleged infringer ("the Customer");
Take reasonable steps to promptly notify the Customer that it has removed
or disabled access to the material.
receipt of the written Counter-Notification containing the above information
by the Customer, and only upon receiving such Counter-Notification, SuccessNet
The Customerís physical or electronic signature;
Identification of the material that has been removed or to which access
has been disabled and the location at which the material appeared before
it was removed or access to it was disabled;
A statement under penalty of perjury that the Customer has a good faith
belief that the material was removed or disabled as a result of a mistake
or misidentification of the material to be removed or disabled;
The Customerís name, address, and telephone number, and a statement
that the Customer consents to the jurisdiction of the Federal District
Court in which the address is located, or if the Customer is outside
the United States, for any judicial district in which SuccessNet
may be found, and that the Customer will accept service of process from
the person or his agent who provided the original Notification.
Provide the Complaining Party with a copy of the Counter-Notification;
Inform the Complaining Party that it will replace the removed material
or cease disabling access to it within ten (10) business days;
Replace the removed material or cease disabling access to the material
within ten (10) to fourteen (14) business days following receipt of
the Counter-Notification, provided SuccessNetís
Copyright Agent has not received notice from the Complaining Party that
an action has been filed seeking a court order to restrain the Customer
from engaging in infringing activity relating to the material referenced
in the Notification.
19. Any party seeking to report any other potential violations of this Agreement
may contact SuccessNet via e-mail at email@example.com
20. Transferring your domain to another provider does not constitute canceling
your SuccessNet account. You must notify SuccessNet to formally cancel your
account with SuccessNet
to avoid further charges.
21. On occasion, SuccessNet
may have a need to communicate with its customers through e-mail issues
related to billing, as well as changes, additions and modifications to the
network. It is the responsibility of the customer to check e-mail sent to
the primary login e-mail address on the account.
22. It is the responsibility of the customer to contact SuccessNet
of any changes to their account, such as phone number, address, credit card
information, etc. Customers will be required to provide verification for
security purposes authorizing them to make any changes to that account.