SubNetworx is committed to respecting and protecting the privacy of visitors to our web sites as well as the privacy of our actual customers.
For visitors, we've structured our web sites so that, in general, you can visit us on the web without identifying yourself or revealing any personal information.
For customers, once you choose to provide us personally identifiable information (any information by which you can be identified), you can be assured that it will only be used to support your customer relationship with SubNetworx.
Visitors To Our Web Site
What information do we collect?
When you visit our web site, our web server collects basic user information about you that includes your ISP's domain, the time you accessed our web site, and the pages from within our web site that you visit.
We may at times also use cookies, which are small pieces of information that a web site can store in a designated file on your computer. Cookies allow a web application to respond to you as an individual. By gathering and remembering information about your preferences, the web application can tailor its operation to your needs, likes, and dislikes.
Our web server does not collect your e-mail address or aggregate information on what other pages on the Web you have accessed or visited.
How do we use this information?
The basic user information collected is used to help us analyze web traffic and to improve the content of our web site. Cookies may be used to facilitate your customer interaction with us. For example, we may use a cookie on the landing page of products sold online which record the customer information that is required on the order form, and then forward this information to our internal sales tracking database.
We may from time to time disclose to third parties aggregate information on our web site's traffic profile. For example, Internet advertising companies may require this data to help us better target our advertisements on our web site(s) and/or other web sites.
Note that our site provides links to products and services offered by other companies; the company's web site that you link to will be able to determine that you linked from our web site.
SubNetworx Customers
What information do we collect?
When you sign up for SubNetworx's services, you provide us with both contact and payment information. Contact information typically includes your name, address, and phone number. Payment information typically includes your credit card number.
While you are a SubNetworx customer, we manage information with regard to your account status, choice of services, and customer logs. In addition, we may store customers' electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.
How do we use this information?
We use the contact information you provide us to establish our service for you. We use payment information for payment processing purposes only. We create and maintain other information such as customer account status, choice of services, and customer logs in the normal course of providing service.
SubNetworx may share customer information with selected partners/third parties, for example, to provide you with information about products which might be of interest to you or to enable you to take advantage of special partner programs. SubNetworx may also use customer information to provide customers with system information or information about new or upgraded products.
We will not otherwise disclose customer personal and account information unless we have reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of SubNetworx, our customers, or others, or where SubNetworx has a good faith belief that the law requires such disclosure.
SubNetworx also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that SubNetworx stores or transmits for its customers. The circumstances under which SubNetworx will disclose such electronic customer communications are when:
It is necessary in order to provide service to the customer; It is necessary to protect the legitimate interests of SubNetworx and its customers; It is required to cooperate with interception orders, warrants, or other legal process that SubNetworx determines in its sole discretion to be valid and enforceable; and It is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by SubNetworx and appear to pertain to the commission of a crime. SubNetworx disclaims any intention to censor, edit, or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. SubNetworx will, however, review, delete, or block access to communications that may harm SubNetworx, its customers or third parties. The grounds on which SubNetworx may take such action include, but are not limited to, actual or potential violations of SubNetworx's Terms of Use.
Customers may opt out of receiving newsletters and/or notices of new or upgraded products from SubNetworx by sending a request to abuse@SubNetworx.com. In this request, customers must identify their domain name and contact information.
Please note, however, that SubNetworx reserves the right to send bulletins and other important information regarding our services at our discretion.
Terms of Use
IMPORTANT NOTICE: *All Payments To SubNetworx Corporation Are Non-Refundable*
SubNetworx Corporation ("The Company") agrees to furnish services to the Subscriber, subject to the following TOU (Terms of Use).
Use of SubNetworx Service constitutes acceptance and agreement to SubNetworx's AUP as well as SubNetworx's TOU (Terms of Use).
All provisions of this contract are subject to the TOU (Terms of Use) of SubNetworx Corporation 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.
This Agreement shall be construed in all respects in accordance with the laws of the state of Illinois, county of Cook applicable to contracts enforceable in that state. Venue will be Cook County, Illinois
1. 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 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 SubNetworx shall have the right to terminate all service set forth in this Agreement.
2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company 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.
3. Payment: Establishment of this service is dependent 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. All accounts and services provided by SubNetworx are subject to the current tax rate as imposed by the City of Chicago, State of Illinois. The above applies to all accounts and services provided by SubNetworx.
4. Payments and Fees: Credit cards that are declined for any reason are subject to a $25.00 declination fee. Service will be interrupted on accounts that reach 25 days past due. Service interrupted for nonpayment is subject to up to a $700 reconnect charge. Accounts not paid by due date are subject to a 30% of total contract amount late fee. Accounts that are not collectable by SubNetworx may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $10,000.00. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOU.
5. Refund and Disputes: All payments to SubNetworx Corporation are non refundable. This includes the one time setup fee and subsequent charges regardless of Use. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in SubNetworx's sole discretion is a valid charge under the provisions of the TOU and /or AUP, you agree to pay SubNetworx an "Administrative Fee" of not less than $50 and not more than $10,000.00.
6. Failure to Pay: SubNetworx 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.
7. Account Cancellation Policy: In the event you want to cancel the Service, you must NOTIFY SUBNETWORX IN WRITING POST MARKED FOURTEEN (14) DAYS PRIOR TO THE END OF THE CURRENT BILLING CYCLE IN ORDER TO AVOID AUTOMATIC RENEWAL OF YOUR ACCOUNT. This notice must be sent by, fax or postal mail to the following:
* Faxed: 773-527-2893
* Mailing Address: Attention: Cancellations, SubNetworx Corp, 3501 North Southport Ave, #303 Chicago, Illinois 60657-1475
All cancellation notices must include the following:
1. Billing party’s name as it appears on the last billing invoice and statements received from SubNetworx Corp;
2. User account login and password; and
4. A statement requesting termination of either all or part of service provided, by SubNetworx.
If you fail to provide timely written notification of cancellation with the above listed items included, cancellation of your account may be delayed, which may result in further access fees incurred by you. Set up fees may not be refundable.
A VERBAL REQUEST FOR CANCELLATION, WHETHER DELIVERED TO A VOICE MAILBOX OR TO A SUBNETWORX STAFF MEMBER, DOES NOT CONSTITUTE A VALID CANCELLATION UNDER THE CANCELLATION POLICY.
FAILING TO PROVIDE ACCESS FEE PAYMENT DOES NOT CONSTITUTE A VALID CANCELLATION UNDER THE CANCELLATION POLICY.
Cancellation/Renewal Policy for Other Service Agreements:
Other Service Agreements, (Such as DSL, T1 or Greater, Satellite, Wireless, Colocation, Dedicated Servers, which have SLA's and are out side of the scope of these terms), will last for the initial term you selected. Upon completion of that term, the account will automatically be renewed on a month-to-month basis unless you agree to a new term and contract. You can cancel a month-to-month account any time by providing 30 days written notice; Likewise, Subnetworx reserves the right to cancel the account by proving 30 days written notice.
8. 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 of service 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 company. 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 SubNetworx be liable for any special or consequential damages, loss or injury. This includes backups of your site information, including and not limited to images, verbiage, agreements with you and other parties. Subnetworx systems provide automated backup service through the administrative control panel. To insure the sustainability of your site the client agrees to setup and perform backups of their own.
9. New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 10 business weeks. If the account holder registers the new domain, there will be no handling fee. If SubNetworx Corporation registers the domain on behalf of the account holder a handling fee will be incurred.
10. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to SubNetworx Corporation will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to ten (10) weeks. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If SubNetworx Corporation does the transfer of the domain 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.
11. Support Boundaries: SubNetworx provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: SubNetworx provides support related to your server or virtual site physical functioning. SubNetworx does not offer tech support for application specific issues such as cgi programming, html or any other such issue. SubNetworx does not provide technical support for YOUR customers. If you can email, we encourage you to email support@SubNetworx.com for assistance. If you are able to get online and have other questions, the answers may be on our support page at http://www.SubNetworx.com/support.htm - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.
12. SPAM and Unsolicited Commercial Email (UCE): SubNetworx 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 SubNetworx may not use or permit others to use our network to transact in UCE. Customers of SubNetworx 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 and or fines of 5.00 per UCE received.
a. Violation of SubNetworx's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, SubNetworx will initiate an immediate investigation (within 48 hours of notification). During the investigation, SubNetworx may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, SubNetworx may, at its sole discretion, restrict, suspend or terminate customer's account. Further, SubNetworx reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. SubNetworx will notify law enforcement officials if the violation is believed to be a criminal offense.
b. 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 $500.00 per hour that SubNetworx personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
c. As our Customers are ultimately responsible for the actions of their clients over the SubNetworx network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
13. Network
a. IP Address Ownership: If SubNetworx assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to SubNetworx, and Customer shall have no right to use that Internet Protocol address except as permitted by SubNetworx in its sole discretion in connection with the Services, during the term of this Agreement. SubNetworx shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by SubNetworx, and SubNetworx reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address Use, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
b. Bandwidth and Disk Use: Customer agrees that bandwidth and disk Use shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order form (the "Agreed Use"). SubNetworx will monitor Customer's bandwidth and disk Use. SubNetworx shall have the right to take corrective action if Customer's bandwidth or disk Use exceeds the Agreed Use. 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 SubNetworx's sole and absolute discretion. If SubNetworx 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, SubNetworx may, at its sole discretion, collect a deposit, in an amount determined by SubNetworx, against customer's credit card on file with SubNetworx.
c. System and Network Security: Users are prohibited from violating or attempting to violate the security of the SubNetworx Network. Violations of system or network security may result in civil or criminal liability. SubNetworx 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:
i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not entitled.
14. Notification of Violation:
a. SubNetworx is under no duty to look at each customer 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.
b. First violation: Any User, which SubNetworx determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at SubNetworx's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
c. Second Violation: Users that SubNetworx determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
d. 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 activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if 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.
15. Suspension of Service or Cancellation: SubNetworx reserves the right to suspend network access to any customer if in the judgment of the SubNetworx network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which SubNetworx 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.
16. SubNetworx reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of SubNetworx must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
17. Indemnification: SubNetworx wishes to emphasize that in agreeing to the SubNetworx AUP and Terms of Use (TOU), customer indemnifies SubNetworx for any violation of the Acceptable Use Policy and Terms of Use (TOU) that results in loss to SubNetworx or the bringing of any claim against SubNetworx by any third-party. This means that if SubNetworx is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against SubNetworx, plus all costs and attorney's fees.
18. 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.
a. A waiver by the Company of any breach of any 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.
b. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customer's rights under this contract at anytime without further obligation.
c. SubNetworx takes no responsibility for any material input by others and not posted to the SubNetworx Network by SubNetworx. SubNetworx is not responsible for the content of any other web sites linked to the SubNetworx Network; links are provided as Internet navigation tools only. SubNetworx 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.
d. SubNetworx is not responsible for any damages your business may suffer. SubNetworx does not make implied or written warranties for any of our services. SubNetworx 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 SubNetworx.
e. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
19. Responsibility for Content: You, as SubNetworx's customer, are solely responsible for the content stored on and served by your SubNetworx account(s).
20. Trademarks
Names of SubNetworx Corp. referenced herein are trademarks or registered trademarks of SubNetworx Corporation. All other company, product, or service names as well as screen images referenced in this web site are solely used for identification purposes and may be the trademarks of their respective owners.
30 Day Money Back Guarantee
All Web Hosting plans include a 30 day money back guarantee. You are entitled to a refund of the first month’s access or usage fees if there are reported technical difficulties with the account that cannot be rectified by SubNetworx. Such difficulties must be reported by you, written or faxed within 14 days of establishment of the account. If SubNetworx cannot adequately resolve the difficulties within 30 days of establishment of the account, you are entitled to close the account and receive a refund for the monthly access or usage fees. No refunds will be given after 30 days of establishment of the account. Only access or usage fees will be refunded according to this provision; setup fees may not be refunded. This does not apply to metered billed service plans (such as per minute charges) or service plans with time or usage limits.
Our refund policy does not apply to any additional items or services; this includes but is not limited to POP accounts, Real Audio®/Video® and mSQL. Also excluded are Domain Parking services, Domain Registration and Dedicated services, as well as Reseller programs. No refunds are available after 30 days. Any request for cancellation must be received via the web contact form, regular mail or fax and you will receive a confirmation upon the cancellation of your account. Cancellations over the telephone and informal email are not accepted.
The 30 day money back guarantee does not apply to reseller accounts, dedicated servers, and colocation or any fees associated with these accounts.
Accounts cancelled/terminated by SubNetworx for violating our Terms of Use do not qualify for the 30-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.
Please allow 4-6 weeks for refunds of check or money order payments. |
