Last updated: May 4, 2019
Samex, LLC dba Samex (“The Company”) agrees to furnish services to the subscriber, subject to the following TOS (Terms of Service).
Use of Samex, LLC Services constitutes acceptance and agreement to Samex AUP (Acceptable Use Policy) as well as Samex TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Samex and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the company. Subscriber understands that change to the AUP by the company shall not be grounds for early contract termination or non-payment.
The agreement shall be construed in all respects in accordance with the laws of the country of United States applicable to all contracts enforceable in that country. Venue will be Oakland County, Troy, Michigan USA.
- Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP addresses, account history, account use, etcetera to any law enforcement agent who makes a written request corresponding to a subpoena or other court order without further consent or notification to the Subscriber. In addition Samex shall have the right to terminate all service set forth in this Agreement.
- Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Subscriber. Subscriber is aware that Samex 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.
- Payment: Establishment of this service is dependant 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, else on the anniversary date of the year for that year’s service if Subscriber has opted for annual payment.
- Payments and Fees: Payments via any method which are declined for any reason are subject to a $25.00 NSF fee. Payments via check which are declined are subject to the $25.00 NSF fee PLUS any bank charges which Company incurs. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for non-payment is subject to a $15 late fee which is payable before service will be restored. Accounts that are not collectable by Samex may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay Samex a “Processing and Collection” fee of not less than $75. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
- Refunds and Disputes: All payments to Samex are non-refundable after 30 days and Cost of Domain Name Purchase are non-refundable at any time. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your bank or credit card issuer that, in Samex’s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Samex an “Administrative Fee” of not less than $75 and not more than $200.
- Failure to Pay: Samex 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 hosting accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to: Celeritas Interactive Media, LLC dba Samex, 731 East Broad Street, Columbus, OH 43205. Or you may call or fax the cancellation request to 614-681-1748. Once you submit your cancellation notice, we will contact you either by the telephone number or email address you have on record to confirm the cancellation. You must then verify the cancellation within 48 hours. You must have all account information to cancel.
- Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption are difficult to ascertain. Therefore, Subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Samex. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Subscriber for services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, injury, or loss.
- New Domain Accounts: All new web hosting accounts involving new domains will be setup and entered into our 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 manually by Samex on behalf of the account holder a handling fee will be incurred. Each Domain name will have its own domain account, the only exceptions are Alias domain names which have the same starting point as the main domain name.
- Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to Samex will require a minimum of seven (7) days to be setup and entered into our 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 Samex 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.
- Support Boundaries: Samex provides technical support to our subscribers (except for a few holidays and short company meetings when we are unavailable). We limit our technical support to our area of expertise. We will provide support with all account, server and service problems free of charge, specifically server based issues ONLY. We will only offer support for specific scripts, open source web software or systems: Joomla!, WordPress, Drupal, Magento Commerce, HTML, CGI, PHP, or other such application related software, if Subscriber agrees to pay additional fees which will be agreed upon by both parties as and when the need arises or if Subscriber is in an Application Support agreement. Samex does not provide support for YOUR customers. If you can email, we encourage you to email firstname.lastname@example.org for assistance. If the matter is urgent, you may also contact us via live support whereby our sales team will forward you to one of our support staff. Lastly, we encourage you to check the FAQ section and any help files available for the service you are having problems with before contacting support.
- SPAM and Unsolicited Commercial Email (UCE): Samex 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 Samex may not use or permit others to use our network to transact in UCE. Customers of Samex may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
- Violation of Samex SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Samex will initiate an immediate investigation (within 48 hours of notification). During the investigation, Samex may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Samex may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Samex reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Samex will notify law enforcement officials if the violation is believed to be a criminal offence,
- 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 $224.99 per hour that Samex personnel must spend to investigate the matter. PLEASE, DO NOT SPAM.
- Bandwidth and Disk usage: Customer agrees that bandwidth and disk usage shall not exceed the limit per month for the services ordered by the customer on the Order Form (The “Agreed Usage”). Samex will monitor customer’s bandwidth and disk usage. Samex shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such correction 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 Samex sole and absolute discretion. If Samex 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.
- System and Network Security: Users are prohibited from violating or attempting to violate the security of the Samex Network. Violations of system or network security may result in civil or criminal liability. Samex will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved with 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:
- Samex 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 our AUP to monitor or police internet-related activities.
- First violation: Any user, which Samex determines to have violated any element of the AUP shall receive an email warning them of the violation. The service may be subject at Samex discretion to a temporary suspension pending a user’s agreement in writing to refrain from any further violations.
- Second violation: Users that Samex determines to have committed a second violation of any element of the AUP shall be subject to immediate suspension or termination of service without further notice.
- 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 party is causing great harm to parties on the internet. In particular, if open relays are on your network or a customers’ network, or denial of service attacks are originating from your network. 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.
- Suspension of Service or Cancellation: Samex reserves the right to suspend network access to any customer if in the judgment of the Samex network administrators the customer’s server is the source or the target of the violation of any of the other terms of the AUP or for any reason which Samex 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.
- Indemnification: Samex wishes to emphasize that in agreeing to the Samex Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies Samex for any violation of the AUP and TOS that results in loss to Samex or the bringing of any claim against Samex by any third-party. This means that if Samex is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Samex plus all costs and attorneys fees.
- Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. Email and telephone contacts are used, in that order of preference.
- A waiver by the Samex of any breach or provision of this agreement by subscriber 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.
- Subscriber shall not transfer or assign this Agreement without the prior written consent of the Samex. We may assign Agreement at anytime without consent from or notice to subscriber. Samex reserves right to cancel customers rights under this contract at anytime without further obligation.
- Samex takes no responsibility for any material input by others and not posted to the Samex network by Samex. Samex is not responsible for the content of any other websites linked to the Samex network; links are provided as internet navigation tools only. Samex 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.
- Samex is not responsible for any damages your business may suffer, including “hacked” websites. Samex does not make implied or written warranties for any of our services. Samex 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 Samex.
- It is absolutely forbidden to host pornographic content or servers on hosting accounts without prior written consent. Any accounts found in violation of this will be subject to immediate cancellation without refund or compensation.
- Responsibility for Content: The Subscriber as a Samex customer are solely responsible for the content stored on and served by your Samex server/hosting account.
- Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.
- Ownership of the intellectual property rights in the Developed Software by Samex.
All relevant intellectual property rights in the Developed Software, Mobile Applications, Web Applications, Code, Programming and any Associated Documentation and Associated Tools will, upon their creation, vest in the Client/Subscriber after final payment/project sign-off. For the avoidance of doubt, unless expressly stated to the contrary, ownership of relevant intellectual property rights in Software, Tools or other materials that existed at the commencement of the Contract is not affected. Any and all source code will be NOT be available to the Client/Subscriber at anytime during the working project, only until final payment is received.
Web, Mobile Development and Design Projects: If all work on a project is ceased before 30 days and a request for a returned deposit is required; the deposit will be subtracted the amount of billable hours at full price or $195.25 per hour, whichever is greater. All deposits received, again, are non-refundable.