SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at firstname.lastname@example.org or mailing us at: Service Metric, LLC 2118 Loretta Ln., Rowlett, TX, 75088, United States
SECTION 3 – SERVICE METRIC, LLC
Our servers are located in a secure data center. The data center maintains very strict access which allows us to confidently store all of our customer data.
Your data is stored through Service Metric’s data storage, and databases. We store your data on a secure server behind a firewall.
SECTION 4 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Links: When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 5 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow generally accepted industry standards.
SECTION 6 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
Please read carefully the following Service Metric, LLC payment and refund policy.
SECTION 8 - Payment
All services provided by Service Metric, LLC are pre-paid in advance for either one month, six month, or annually periods. Service Metric, LLC sales will be notified about your payment as soon as the transaction is completed. Most services are usually activated within 4 hours after payment has been processed but usually take less than an hour. Full payment is required at the time of purchase and account creation or when additional services are added to any account. Your account will be setup with automatic reccuring billing beginning on the day of sign-up to withdrawl from your accounts every month, six months, or annually thereafter (this is your "billing date") until a cancellation request is received prior (more than 7 days prior for monthly and more than 30 days prior for 6 month or annual plan) to your billing date. Please note that if payment for our services is not received in full by one day after your billing date the service will be automatically suspended. If you pay your invoice within 9 days the service will be automatically unsuspended. After 10 days of nonpayment beyond your billing date the account will be automatically terminated and all content permanently deleted. For more information about payment policy and method, please contact us at email@example.com.
SECTION 9 - Cancellation
If you no longer wish to continue with our services you are required to cancel recurring payments 7 days prior to your billing date for monthly, 30 day prior for quarterly, 6 month, or annual plans, otherwise automated payments will continue to be processed on your billing date for monthly, quarterly, 6 month, or annual billing. If you also no longer wish to receive invoices and reminders you are required to submit a cancellation request through the client area of our website. See [Section 10 - Refund] for information on applicable refund policy.
SECTION 10 - Refund
Service Metric, LLC has developed and strictly adheres to the following refund policy for our services. We appreciate the fact that you have chosen us as your IaaS provider and value you as our customer. Quarterly, 6 month, and annual plans will be refunded only if requested within the first 30 days after the purchase date. If you receive any discounts on some qualifing plans such as plans that offer discounts based on quarterly, 6 month, or annual billing cycles the refund amount will be issued minus the first month's full purchase price. Monthly plans and any applicable set up fees will not be refunded. This is necessary to discourage abuse of our service. There will be no refunds on Web Hosting, SSL Certificates, or Domain registration after 30 days from the date of purchase.
Important Note: Service Metric, LLC reserves the right to modify the present refund policy at any time without any prior notice to you. It is your responsibility to check the website for any changes and modifications to the present refund policy.
SECTION 11 - Content
The Service Metric, LLC network may only be used for lawful purposes. The transmission of material that is in violation of any federal, state or local law, or that is protected by trademark, copyright, trade secret or other intellectual property is strictly prohibited. More details about Copyright infringement are below. Clients are prohibited from using the Service Metric, LLC network to transmit material that is judged by Service Metric, LLC to be illegal, proprietary to a third party, legally obscene, criminal, or in some fashion inconsistent with the generally accepted standards of the Internet community. If any Service Metric, LLC client interferes with another's use and enjoyment of the services provided by Service Metric, LLC, such client shall be deemed to be in violation of this Acceptable Use Policy.
Anyone who publishes materials and information that are accessible through Service Metric, LLC network is solely responsible for the content of such materials and information and is solely responsible to know and comply with all laws applicable to the publication and distribution of such materials and information. Service Metric, LLC does not accept responsibility for the content of the materials and information published by others that are accessible through the Service Metric, LLC network and does not accept responsibility for the violation of any laws resulting from such publication or distribution.
Service Metric, LLC is an Internet services provider and as such exercises no control over the content of the information passing through its network. It is expected that Service Metric, LLC's clients will comply with all rules and Acceptable Use Policies that are appropriate for those networks accessed through Service Metric, LLC. Each Service Metric, LLC client accepts the responsibility to avoid any material he or she finds offensive. Service Metric, LLC makes no guarantee and assumes no liability for the security of any data on any server including "secure servers." Our clients are reminded that no computer system should be considered safe from intrusion. E-mail may pass through many computer systems, and should not be considered a secure means of communication.
Service Metric, LLC reserves the right to access a client's services to resolve system problems or mail system errors, or to access information requested by subpoena. Service Metric, LLC has and will comply with official subpoenas for information by appropriate legal authorities for investigation of claims of illegal activity, including but not limited to illegal transfer or use of copyrighted material, postings or e-mails containing threats of violence, or other illegal activity.
Examples of unacceptable on all Dedicated, VPS, Backup services, Cloud storage, Web hosting, Email hosting and other services include:
Sites promoting illegal activities
Bulk Email Scripts/Software
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
TOR Exit Relays/Nodes or TOR Middle Relay
(HYIP) High Yield Investment Programs
Use over 25% of system resources, including but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period.
Execute long-running, stand-alone, unattended server-side processes, bots or daemons.
Run any type of web spiders or indexers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent.
Participate in any P2P or file-sharing networks.
Use excessive resources which in Service Metric's sole discretion result in damage or degradation to the performance, usage, or experience of OrderBox, other users, other orders, and any of Service Metric's services.
Use the email service for sending or receiving unsolicited emails.
Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists feature rather than using your email account. Upon detection of such mails going through the regular mailing system, such mails will get classified as spam even though the recipient might have opted in for receiving such mails. This would lead to immediate cessation of mail sending capabilities for the user or the domain name. Frequent violation would lead to permanent suspension of the domain name.
Sending mails to invalid recipient email addresses. On receipt of too many bounce back messages due to invalid recipient email addresses, the user sending such mails would get blocked. Frequent violation would lead to permanent suspension of the domain name.
Sending mails from an email address that is not valid and which results in triple bounces would result in suspension of the user sending such mails. Frequent violation would lead to permanent suspension of the domain name.
Send emails with malicious content. Such emails could be emanating from user(s) whose machine(s) are infected with a virus or malware and such activity could be happening without the user(s) knowledge or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited.
Run cron entries with intervals of less than 15 minutes.
Engage in any activities related to purchase, sale or mining of currencies such as Bitcoin.
SUB-SECTION 11. Web, Email Hosting Specific terms
As a backup/storage device.
Run any gaming servers.
Store over 100,000 files.
Constantly create and delete large numbers of files on a regular basis, or cause file system damage.
Run any MySQL queries longer than 15 seconds.
Divide Multi-Domain Hosting Orders into smaller packages to resell. Multi-Domain Hosting Orders can only be used by a single Company or Customer to host websites that are fully owned by them. Certain relevant Documents, other than domain name whois details, with respect to company and domain names/website ownership will need to be presented when requested. Having the same whois details for all domain names in your Multi-Domain Hosting Order will not be enough to substantiate ownership.
Store a large number of media files (audio, video, etc.), wherein the limit is at Parent's sole discretion.
Send over 100 messages per hour per user and/or 300 messages per hour for a domain name. Receive a high volume of emails, by a user or domain name, in any given period of time.
Purchase/use a Dedicated IP Address without installing an SSL Certificate.
Violate the above Terms of Usage for a Hosting Order which comprises of the Do-It-Yourself website builder powered by Jigsy.com.
Use more than 50% of the website's disk space used by your Hosting order for storing emails.
Use a WHMCS license issued by the Service Metric with any product/service other than the one for which it was issued.
Store more than two website backup files.
Use more than 5GB per database.
SECTION 12 - Zero Tolerance Spam Policy
Service Metric, LLC has no tolerance for the use of its network for the distribution of bulk commercial e-mail transmissions (spam). This includes the transmission of bulk e-mail by a third party to advertise a website or e-mail address hosted on the Service Metric, LLC network. Mass commercial email messaging with opt-out provisions is considered spam, and is not permitted. Receipt of complaints of spam from SpamCop, Spamhaus, or equivalent entities, or "poor" ranking of an IP address in SenderBase, are considered evidence of spam activity and a violation of this ToS.
Service Metric, LLC will not tolerate the use of its network for the posting of messages or commercial advertisements which violate the rules, regulations, FAQ or charter of any newsgroup or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
Violating the spirit or the language of this section may result in immediate suspension or termination of services without any refund, and if a contract is in effect there may be full enforcement of penalties as described in the contract language for default of contract.
SECTION 13 - Scheduled Maintenance
We will make reasonable efforts to provide at least 24 hours advance notice by e-mail for scheduled maintenance. Outages due to scheduled network maintenance are not grounds for any credits or claims for damages. The client understands that the cumulative liability of Service Metric, LLC for any and all claims relating to the services provided, in contract, tort, or otherwise, shall not exceed the total amount of the basic service fees the client paid to Service Metric, LLC for services during the period in question.
SUB-SECTION 13a - Support
All Virtual Private Servers(VPS) services are self managed by the customer and receive no support in regard to OS, configurations or Applications unless the purchase of Professional IT Services has been quoted, approved, and paid in full before work is to begin. Professional IT services start at $125.00/hour with a two hour minimum. Customers must submit a ticket through the Service Metric client area with all details of their request. Once the ticket has been reviewed, Service Metric sales will email a quote with a scope of work and a projected time frame in which the work should be completed. That time frame may change depending on the complexity of the work being performed or from other issues that may arise outside of the control of the work that Service Metric support is tasked with doing. If the quoted, approved, and paid for Professional IT Services looks as though it will exceed the time frame in which the work has been paid for, support will stop work until additional time has been purchased to complete the work. Support request can be made for VPS services with regard to resource upgrades, OS refreshes, IP issues, or any other suspected infrastructure issues. VPS services come with a 99.9% uptime guarantee with the exceptions discussed in the Section 17 of this Terms of Service agreement.
All Dedicated Servers services are self managed by the customer and receive no support in regard to OS, configurations or Applications unless the purchase of Professional IT Services has been quoted, approved, and paid in full before work is to begin. Professional IT services start at $125.00/hour with a two hour minimum. Customers must submit a ticket through the Service Metric client area with all details of their request. Once the ticket has been reviewed, Service Metric sales will email a quote with a scope of work and a projected time frame in which the work should be completed. That time frame may change depending on the complexity of the work being performed or from other issues that may arise outside of the control of the work that Service Metric support is tasked with doing. If the quoted, approved, and paid for Professional IT Services looks as though it will exceed the time frame in which the work has been paid for, support will stop work until additional time has been purchased to complete the work. Support request can be made for Dedicated Servers services with regard to resource upgrades, OS refreshes, IP issues, or any other suspected infrastructure issues. Dedicated Servers services come with a 99.9% uptime guarantee with the exceptions discussed in the Section 17 of this Terms of Service agreement.
Free Cloud Storage accounts are managed by the customer. The underlying infrastructure such as servers, networks, mass storage devices, and applications are managed by Service Metric and can not be altered by the customer. All decisions related to infrastructure are solely in control by Service Metric. Cloud Storage service is offered as is and may change at the will of Service Metric without need for notice to the customer. Free Cloud Storage accounts come with email support which can be submitted by creating a ticket in the Service Metric client area. Service outages or trouble connecting issue tickets submitted will receive our highest priority. All other support request receive a lower priority of support and will be answered within 72 hours of the ticket creation. These tickets do not receive 24/7 support and will only be addressed between normal office hours of 9am - 4pm CST M-F. Free Cloud Storage accounts come with a 99.9% uptime guarantee with the exceptions discussed in the Section 17 of this Terms of Service agreement.
Standard Cloud Storage accounts are managed by the customer. The underlying infrastructure such as servers, networks, mass storage devices, and applications are managed by Service Metric and can not be altered by the customer. All decisions related to infrastructure are solely in control by Service Metric. Cloud Storage service is offered as is and may change at the will of Service Metric without need for notice to the customer. Standard Cloud Storage accounts come with 24/7 support which can be submitted by creating a ticket in the Service Metric client area. Service outages or trouble connecting issue tickets submitted will receive our highest priority. All other support request receive a normal priority of support and will be answered within 48 hours of the ticket creation. Standard Cloud Storage accounts come with a 99.9% uptime guarantee with the exceptions discussed in the Section 17 of this Terms of Service agreement.
Pro Cloud Storage accounts are managed by the customer. The customer will receive admin group access to their Pro Cloud Store instance. This will allow the customer to add users as well as enable/disable applications installed by default in their Pro Cloud Storage instance. The customer can request additional applications to be available in their Pro Cloud Storage instance by submitting a ticket in the Service Metric client area. Depending on the application installation request there may be additional setup fees as well as additional monthly subscription fees. These fees will be determined upon request. Service Metric does not offer support for any customizations of the configuration files associated with the customer's Pro Cloud Storage instance. Customers may perform their own customizations within the Admin area of the Pro Cloud Storage instance. If the customer has issues applying those customizations Service Metric support may at their discretion offer support. The underlying infrastructure such as servers, networks, mass storage devices, and applications are managed by Service Metric and can not be altered by the customer. All decisions related to infrastructure are solely in control by Service Metric. Pro Cloud Storage service is offered as is and may change at the will of Service Metric without need for notice to the customer. Pro Cloud Storage accounts come with 24/7 support which can be submitted by creating a ticket in the Service Metric client area. Service outages or trouble connecting issue tickets submitted will receive our highest priority. All other support request receive a normal priority of support and will be answered within 48 hours of the ticket creation. Pro Cloud Storage accounts come with a 99.9% uptime guarantee with the exceptions discussed in the Section 17 of this Terms of Service agreement.
SECTION 14 - Coupons and/or Promotions
Discounts and coupon codes may be reserved for first-time accounts *or first-time customers* only and may not be used for the purchase of a domain registration or other add-ons unless otherwise specified. Unless specified otherwise, the use of a coupon, will not allow the use of another identical coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.
SECTION 15 - Price Policy and Modification to Terms of Service
Service Metric, LLC reserves the right, at any time, to change its fees and billing procedures and otherwise modify this agreement, effective thirty (30) days after an on-line posting in Service Metric, LLC's web page: http://www.servicemetric.com/tos.html .Service Metric, LLC may also elect, at its discretion, to supplement such notice of billing charges and modifications to this agreement through e-mail to the client's account or through the US mail to the account holder. Use of Service Metric, LLC after the effective date of such notice constitutes acceptance of the new terms and conditions.
SECTION 16 - DMCA Copyright Infringement Information
In accordance with the Digital Millennium Copyright Act, we have a policy to suspend or terminate accounts that are found to be in violation of copyright laws and standards. We respect the intellectual property of others, and we ask you to do the same. In appropriate circumstances and at our discretion, we may disable and/or terminate the accounts of customers who refuse to remove access to illegal copyrighted material upon our request, or who are determined to be repeat offenders.
If you believe that your work has been copied in a way that constitutes illegal copyright infringement, or your intellectual property rights have been otherwise violated, you must provide a Notice to our Copyright Agent (identified below) that includes the following information: 1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2) A description of the copyrighted work or other intellectual property that you claim has been infringed; 3) A description of where the material that you claim is infringing is located on the site; 4) Your address, telephone number, and email address; 5) A statement by you that you have in good faith the belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized agent to act on the copyright or intellectual property owner's behalf. Our agent for notice of claims of copyright infringement can be reached as follows:
Service Metric, LLC
[Re: Copyright Infringement Agent]
[2118 Loretta Ln., Rowlett, TX 75088, United States]
SECTION 17 - Disclaimer
Service Metric, LLC makes no express or implied warranties or representations of any kind as to the quality, or fitness for the client's particular purposes, of the Internet, or its affiliates, or the services which are being provided. We explicitly disclaim any express or implied warranty of merchantability or fitness for any particular purpose whatsoever. We are not responsible for any loss the client suffers as a result of using Service Metric, LLC, including but not limited to loss resulting from delays, improper or incomplete delivery of information, possible "computer viruses" or interruption of service, regardless of cause; wrongful use of the client's account by others; or the client's receipt of inaccurate data from any network accessed through Service Metric, LLC. Force Majeure: We will not be responsible for any failure to perform any obligation or provide any Services hereunder because of any Act of God or nature, strikes, work stoppage, equipment or facilities shortages, governmental acts, directives or abuse, war, riot or civil commotion, or any other force beyond our immediate and reasonable control.
SECTION 18 - Disclosure
Service Metric, LLC reserves the right to revise its policies at any time without notice.
The client agrees that Service Metric, LLC reserves the right to terminate the client's account at any time, for any reason, including, but not limited to, the client's failure to abide by the terms of this agreement as stated herein, or the client's failure to pay any fees or charges when due. If Service Metric, LLC becomes aware of a violation of these Terms and Conditions, Service Metric, LLC reserves the right to suspend or terminate the client's service without notice, and the client is responsible for any early termination fees if the service is provided on a contract basis. In addition, Service Metric, LLC reserves the right to interpret these Terms and Conditions in its sole discretion and to amend, revise, add or delete any provision of the Terms and Conditions. Violation of any of the terms and conditions of this Agreement may also result in possible civil proceedings against the client for any damages suffered by Service Metric, LLC.
These terms and conditions shall be governed and interpreted in accordance with the laws of the state of Texas, United States of America. Use of Service Metric, LLC services constitutes acceptance of the terms and conditions.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our privacy agent at firstname.lastname@example.org.