Terms of Service
Revision date: 10/30/18
All services provided by Spry Servers, LLC ("Spry Servers") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Spry Servers, LLC from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to Spry Servers, LLC's servers, or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content or links:
(includes, but not limited to) pirated software, hacker programs or archives, warez sites and child pornography.
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, VIRUSES OR ANY OTHER ILLEGAL FILES/CONTENT, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $250.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, SPRY SERVERS, LLC WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Spry Servers' Responsibilities
Spry Servers agrees to furnish services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Service. Spry Servers reserves the right to refuse services to any potential client and/or to deny renewal of Services to any existing client, at the sole discretion of Spry Servers.
All account plans which do come with a predetermined amount of traffic allowance are monitored, and will be charged $0.08 for each GB of traffic exceeded. Your account will not be terminated or suspended, but you will be charged overages on your following billing cycle. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.
Excess Storage Usage
If your hosting plan comes with a predetermined maximum storage size, we will not suspend your account from over use. We will, however, charge for overages at $1.00 for each gigabyte used over the allowed amount. Additionally, this number is rounded up. If your hosting plan is allowed 50 GB and you use 50.1 GB, you will be charged for 51 GB.
We currently do not allow IRC or IRC bots to be operated on our servers.
Any attempt to undermine or cause harm to a server or customer of Spry Servers, LLC is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of Spry Servers, LLC must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
By the Account Activation Date of each month, Spry Servers, LLC shall either:
(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month.
When an invoice is delivered to the client, payment shall be remitted to Spry Servers, LLC by no later than the specified payment due date. Spry Servers, LLC shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on either a monthly, quarterly, semi-annual, or annual basis. All credit cards, if on file, will be billed automatically within 15 days following the invoice date. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
Certain services carry a setup fee charged by Spry Servers, LLC to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Spry Servers, LLC and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
Free Domain Names
Free domain registration for one domain, for a term of one year, with the purchase of any shared web hosting subscription of one year or more. This offer is subject to change or discontinuation with or without notice. Domain must be one of the following TLDs to qualify (.com .net .info. org .biz) As your term nears its end, domain renewals will be charged the then market rate for the TLD of the selected domain.
Free SSL Certificate
Certain plans come with SSL certificates at no additional charge. If you receive an SSL certificate with your hosting plan, you own this certificate for the duration of your hosting account life. We will renew the certificate for you when the time comes at no additional charge. However, if you would like an upgraded certificate, you will need to purchase this additionally. (ie. Wildcard/Organization Validated/EV Certificates) If you elect to upgrade, we will not renew the free certificate. If you have a free SSL certificate and decide to switch to another hosting provider, the SSL certificate is non-transferable and will be revoked. If the SSL certificate was purchased as an upgrade, it is yours to keep/transfer.
Money back guarantee
We offer a 30 day money back guarantee on many items. If you are not satisfied with your purchase for any reason, on any shared hosting product, SSL certificate, or reseller hosting account, you may request a full refund within 30 (thirty) days of your original purchase. Your refund will be processed within 1-2 weeks, and credited back to your method of payment automatically. We are not responsible for bank holds. Domain name registrations and dedicated servers are non-refundable. If you purchase a plan that comes with a free domain name, you will receive a credit for the hosting plan minus the cost of said domain name at the current applicable market rate.
We do not offer refunds on products and services not explicitly defined within our money back guarantee. Any and all charge disputes must be reported directly to Spry Servers within thirty (30) days of the date which the charge originally occurred. If a charge which is deemed valid by Spry Servers, and validated by our Terms of Service or AUP, is disputed to a financial institution by performing a charge-back, you will be notified by e-mail. If the chargeback was accidental ("friendly fraud"), you must notify the issuing bank (request to reverse chargeback) and Spry Servers, LLC no later than 7 calendar days after you receive communication from us that a chargeback has been initiated. If we do not hear from you within 7 calendar days, we will assume it was genuine fraud or abuse of your cardholder agreement. Your service will be terminated and your account will be closed. If you wish to re-open your account, the client agrees to pay (with a different payment method), an 'Administrative Fee' of $250 in addition to original amount of funds which were reclaimed.
Non-Payment/Late Fees/Service Interruption
Accounts, unless otherwise explicitly defined, will be deactivated within 2 days from the invoice due date if payment is not received. Any account deactivated due to non-payment will require a reactivation fee (late fee) of $25.00. (typically, but not always billed on the following cycle) Data stored on a client's services will not be available to the client until re-connection is established or alternative arrangements are made to the sole satisfaction of Spry Servers, LLC. Clients deactivated for non-payment or charge-back are subject to their data being destroyed seven (7) days from invoice due date for dedicated/cloud servers and (7) days from suspension/charge-back date for shared hosting or reseller accounts. Clients whom either cancel their service after the due date, or let their service be terminated due to non-payment are subject to a $25 late termination fee. Clients who accrue and carry an overdue balance in excess of the amount paid for active (paid) services are subject to having all their services suspended and/or terminated at Spry Servers sole discretion. Spry Servers, LLC is not responsible for data integrity, regardless of circumstance. Spry Servers, LLC strongly recommends keeping up to date and off network backups to protect against data loss.
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability
Spry Servers, LLC shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Spry Servers, LLC ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, Spry Servers, LLC shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Spry Servers, LLC ' servers. All damages shall be limited to the immediate termination of service. This being said, we will do our best to have backups of your data in the case of a disaster or hardware failure.
Violations of these Acceptable Use Policies should be referred to email@example.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Spry Servers, LLC cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Spry Servers, LLC are resold. Thus, certain equipment, routing, software and programming used by Spry Servers, LLC are not directly owned or written by Spry Servers, LLC. Moreover, Spry Servers, LLC holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Spry Servers, LLC sees fit.
In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of Spry Servers. All information available to Spry Servers about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United States, or abroad. Additionally, fraudulent orders will be reported to FraudRecord.com to prevent you from opening an account with another hosting provider.
By activating your account with Spry Servers, LLC, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee/Service Level Agreement (SLA)
Spry Servers, LLC guarantees 99.9% service (http, ftp, pop, imap, smtp) and network uptime on all hosting plans & dedicated servers. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime within the given billing period. For month-by-month payments- $Paid(%refund). For yearly pre-paid plans, $Paid/12(%refund). You must request in writing (submit a ticket) within 14 days of the downtime in order to be refunded.
Listed below is our SLA refund chart:
Spry Servers, LLC reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.