Terms of Service

The use of services from SYSTURNALIA (hereafter referred to as “SYSTURNALIA”) constitutes agreement to these terms. SYSTURNALIA users are entirely liable for all activities conducted through your (“you” or “Client” or “Customer”) administrator and all your end clients accounts through its web site located at www.systurnalia.com (the “Site”), subject to this Terms of Service agreement (“TOS”). The following terms of service are designed to provide the highest level of service available. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service.

Responsibilities

SYSTURNALIA agrees to furnish services, which are paid for, to the Customer, subject to complete compliance to the Acceptable Use Policy (AUP) and Terms of Service (TOS). SYSTURNALIA reserves the right to refuse any potential customer, at the sole discretion of SYSTURNALIA . The failure by a customer to meet or follow any of the policies/terms is grounds for account deactivation. SYSTURNALIA will be the sole arbiter as to what constitutes a violation of the AUP. SYSTURNALIA reserves the right to remove any account without prior notice.

Changes

The TOS and AUP are both subject to change at any time at the sole discretion of SYSTURNALIA , a change in policy shall not be grounds for early contract termination or non-payment. Customer recognizes that the nature of the service supplied and the initial rates and charges have been communicated to Customer. The Customer is aware that from time to time rates may change based on availability of hardware and overall market fluctuations, if a change is going to in any way alter the recurring monthly bill of a customer, it will be communicated prior to actual billing.

Refunds

Unfortunately SYSTURNALIA does not provide a refund for shared or WordPress hosting.

Suspension

If any violation of these rules will occur SYSTURNALIA reserves a right to suspend a violating account. You, as an administrator, will have a permission to reactivate your client account. After the account will be reactivated, you or your client will have 12 hours to resolve the incident. If incident will not be resolved in 12 hours after you will reactivate account or any violation will occur in future by the same account, SYSTURNALIA reserves a right to terminate violating account and disable client profile (we will not disable your administrator profile, only your end client profile). Root user will always safe from any violated action caused by their end user.

Billing

Payment must be received in full for brand new accounts before activation. SYSTURNALIA invoices for all services 10 days prior to the recurring due date. You are responsible for arranging payment by the due date. Accounts that become past due will be subject to a 10% (ten percent) late fee after 10 days of being overdue. This late fee is non-negotiable and will be automatically added to any overdue invoices. After an invoice becomes 30 days past due, all services affiliated with the invoice are subject to immediate termination.

Fraud

In the event fraud is discovered, the fraudulent customer is subject to immediate suspension/termination at the sole discretion of SYSTURNALIA . All information available to SYSTURNALIA about the fraudulent account will be submitted to both local authorities, as well any financial institutions involved. All fraud orders are investigated, and all fraudulent customers will be prosecuted to the fullest extent of the law, whether it is within the United States, or abroad.

Disputes & Charge Backs

The Customer acknowledges that any attempt to dispute or initiate a charge back with PayPal or their Credit Card issuer will result in a suspension of all services and a fine of $100 will be assessed to the customer’s account. A charge back imposed under false pretenses is considered Fraudulent and will be treated as such.

Financial Liability

The Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of SYSTURNALIA , and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the Customer agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of SYSTURNALIA . The Customer further acknowledges that SYSTURNALIA ‘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. Any attempt to violate TOS/AUP agreement is strictly prohibited and may result in immediate termination of services rendered by SYSTURNALIA without refund. SYSTURNALIA is the sole arbiter as to what constitutes a violation of the above provisions. A fine of $200 USD (two-hundred) may be implemented for intentional server abuse, TOS/AUP violation.

Support

SYSTURNALIA only provides hardware support related to customers server functioning and only directly to our Customers. SYSTURNALIA does not offer software support. Please see our User Guides and Support Links for additional help.

Data & Backups

SYSTURNALIA performs nightly backups on all of our servers to ensure critical files are never lost. Our server does not create daily backups for users sites. The Customer must manually create a backup that you may download on your own. We do not restore a file any user has accidentally deleted or modified. We are not responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups.

Transfer & Migration

SYSTURNALIA does not transfer or migrate your site to us. Please see our User Guides and Support Links for additional help. SYSTURNALIA reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

DMCA Complaints

SYSTURNALIA handles any and all DMCA complaints very seriously, and will investigate them. SYSTURNALIA reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of copyright laws will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email at info (at) SYSTURNALIA.com with brief information. If the request is of a licensing issue, we may require further documentation.

Overages

Your storage and traffic usage may vary and require additional allocations. SYSTURNALIA will not charge your card automatically if your account requires more resources. However, you must keep your email address updated within your cPanel, so that you may receive an email when your account reaches account limits. Bandwidth that exceeds 80% will received a warning so you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments are in excess.

SYSTURNALIA web hosting accounts are not to be used for the purposes of distributing and/or storing an unusual amount of files. SYSTURNALIA is a web hosting provider not a remote file storage provider. Any web site whose disk space usage for storing the files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of files. At that point, if we find that those files are illegal or harmful in any way, you will be notified.

Customer’s programs and services may not use more than 90% of one CPU core per process thread for more than 15 minutes. Customer’s programs and services will be limited to 90% of 1 CPU core if found to be using more than 90% of one CPU core per process thread. Subscriber’s programs and services may not use more than 200% of two CPU cores for more than 2 minutes.

IP Blacklists

If any Customer or any Third Party User that is a customer of our Customer uses SYSTURNALIA services, network, or its physical Information in a manner that causes SYSTURNALIA , or any IPs issued by SYSTURNALIA to be blacklisted or blocked, SYSTURNALIA reserves the right to suspend or terminate services of such customer and/or suspend or terminate the access to services, network, and/or its physical information. Operating SYSTURNALIA service on behalf of, or in connection with or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.

Security

Users are prohibited from violating or attempting to violate the security of the SYSTURNALIA . Violations of system or network security may result in civil or criminal liability. SYSTURNALIA will investigate occurrences, which may involve cooperation with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

1) Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access,
2) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
3) Attempting to interfere with service to any user, host or network, including, without limitation, via means of ‘overloading’, ‘flooding’, ‘mail bombing’ or ‘crashing’,
4) Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting,
5) Taking any action in order to obtain services to which such User is not entitled,
6) Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations,

Each hosting package purchased is unique to a do main name and use – you are not allowed to purchase multiple plans to obtain combined bandwidth & space. SYSTURNALIA will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Denial of Service Attacks

Any activity which affects the ability of other people or systems to use any services or other Internet services. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the client’s responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination.

Liabilities

SYSTURNALIA , makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall SYSTURNALIA be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of this web site or from any information, services or products provided through your web site. We are not responsible for any content on any server in our network and will not take any action against any questionable material or action until the website in question is brought to our attention by emailing us.

Payment Verification

Customers agree to potentially having to submit to fraud checking measures, designed for both the security of the customer as well as the security of SYSTURNALIA . The fraud checks require scan copy of Credit Card Authorization Form by SYSTURNALIA , a front side screenshot of the Credit Card used as payment, as well as a valid scan copy of recent photo ID (Passport/Driving License/Student ID). We may ask for Payment Verification if payment done by Credit/Debit Cards. If payment made from unverified PayPal accounts, we may ask for verification documents as well.