We have the right to refuse service or to cancel existing services of a current customer if either the Acceptable Use Policy or Terms of Service agreements have been broken, the customer has been abusive towards any staff member or has abused the services he/she subscribed to.

We (“The Company, Sage Media Host”) agree to furnish services to the client or Subscriber, subject to the following TOS (Terms of Service).

Use of our Service constitutes acceptance and agreement to our AUP (Acceptable Use Policy) as well as our TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of Sage Media Host. The Client or Subscriber understands that changes to the AUP by the Sage Media Host 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 states of California and Texas, counties of San Francisco and Harris, which are applicable to all contracts enforceable in that state. Venue will be San Francisco County, California and Harris County, Texas.

  1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, the Client or Subscriber agrees that Sage Media Host may disclose any and all 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 Client or Subscriber. In addition we shall have the right to terminate all service set forth in this Agreement.
  2. Service Rates: The Client or Subscriber acknowledges that the nature of the services furnished and the initial rates and charges have been communicated to the Client or Subscriber. The Client or Subscriber is aware that Sage Media Host may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Sage Media Host achieving and maintaining its cost of service goals including but not limited to rates charged to Sage Media Host by its suppliers.
  3. Payment: Establishment of this service is dependent upon receipt by Sage Media Host of payment of stated charges. Subsequent payments are due on the anniversary date of initial sign-up. This includes both monthly and yearly payments.
  4. Payments and Fees: Service will be interrupted on accounts that reach 7 days past due. We allow only a 7 day grace period from the initial due date. Upon the 8th day of non-payment, a penalty fee of $10 will incur on the account and the account will be suspended. If non-payment lasts for 14 days or more, Service will be terminated for non-payment and is subject to a $50 reconnect charge. Accounts that are not collectable by us 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 no more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
  5. Refunds and Disputes: All payments to us are non-refundable. This also includes subsequent charges regardless of usage. 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 our sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay us an “Administrative Fee” of not less than $50, no more than $150.
  6. Failure to Pay: Sage Media Host may temporarily deny service or terminate this Agreement upon the failure of the Client or Subscriber to pay charges when due. Such termination or denial will not relieve the Client or Subscriber of any responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
  7. Account Cancellation: Requests for canceling accounts may be made in writing with at least 14 days notice for Monthly accounts and 30 days notice for Yearly accounts but not more than 60 days prior written notice by email.
  8. The Client or 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. The Client or 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 the client or subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
  9. Support Boundaries: We provide technical support to our subscribers (except for a few major holidays and and company meetings.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: we provide support related to your server or virtual site physical functioning. We do not offer tech support for application specific issues such as cgi programming, html or any other such issue unless a specific service was purchased which falls into this category. We do not provide technical support for YOUR customers if any.We encourage you to email us for assistance. If you are able to get online and have other questions, the answers may be in our Frequently Asked Questions or Support section – 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 contacting Tech Support.
  10. SPAM and Unsolicited Commercial Email (UCE): We take a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that clients or Subscribers may not use or permit others to use our network to transact in UCE. Customers 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.
    • Violation of the SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, we will initiate an immediate investigation (within 48 hours of notification). During the investigation, we may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, we may, at its sole discretion, restrict, suspend or terminate the offenders account. Further, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense.
    • 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 $175 per hour that our personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account!

    Anyone hosting websites or services on our servers that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their hosting accounts immediately removed from our network. The hosting account in violation will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account from our network without notice to the customer. Any hosting account guilty of a second violation WILL be IMMEDIATELY and permanently removed from our network without notice.

  11. Network
    • IP Address Ownership: If we assign a Client or Subscriber an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to us, and Client or Subscriber shall have no right to use that Internet Protocol address except as permitted by us in our sole discretion in connection with the Services, during the term of this Agreement. We shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by us, and we reserve 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 usage, 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.
    • Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by the Client or Subscriber on the Order Form (the “Agreed Usage”). We will monitor Customer’s bandwidth and disk usage. We have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. 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 our sole and absolute discretion. If we take 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, we may, at our sole discretion, collect a deposit, in an amount determined by us, against the client or subscribers credit card on file with us.
    • System and Network Security: Users are prohibited from violating or attempting to violate the security of our Network. Violations of system or network security may result in civil or criminal liability. We 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:
      • 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.
  12. Notification of Violation:
    • We are 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 we determine 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 our discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
    • Second Violation: Users that we determine 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.
    • 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.
  13. Suspension of Service or Cancellation: We reserve the right to suspend network access to any client or subscriber if in the judgment of the network administrators the clients or subscribers account is the source or target of the violation of any of the other terms of the AUP or for any other reason which we choose. 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.
  14. We reserve the right to amend its policies at any time. All clients or subscribers 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.
  15. Indemnification: We wish to emphasize that in agreeing to the Acceptable Use Policy (AUP) and Terms of Service (ToS), client or subscriber indemnifies us for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to us or the bringing of any claim against us by any third-party. This means that if we are sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against us, plus all costs and attorney’s fees.
  16. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and multiple telephone contacts.
    • A waiver by Sage Media Host of any breach of any provision of this Agreement by the Client or 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.
    • The Client or Subscriber shall not transfer or assign this Agreement without the prior written consent of Sage Media Host. Sage Media Host may assign Agreement at anytime without consent from or notice to the Client or Subscriber. Sage Media Host reserves the right to cancel the client or subscribers rights under this contract at anytime without further obligation.
    • We take no responsibility for any material input by others and not posted to our web site by us. We are not responsible for the content of any other websites linked to us; links are provided as Internet navigation tools only. We disclaim 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.
    • We are not responsible for any damages your business may suffer. We do not make implied or written warranties for any of our services. We deny 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 us.
    • It is absolutely forbidden to host pornographic content or IRC servers on all Accounts. Any Accounts found hosting this material will be subject to immediate cancellation without refund.
  17. Responsibility for Content: You, as the client, subscriber and customer, are solely responsible for the content stored on and served by your account.
  18. Abuse Towards Our Staff or Network Staff: Abuse Towards our staff or our network staff will not be tolerated. If you use foul language, threaten us, or anything we may find offensive, we may suspend your account and we will most likely just delete the account with no refund. Per Our AUP and TOS, We offer No Refunds.

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