We apologize in advance for creating this AUP. It was created only out of
necessity to avoid billing and support assumptions and misunderstandings.
More importantly from our perspective, we needed a policy to protect
Syncronicity from the unethical customers out there who request and use of
services for a period of time - then refuse to pay and from others who
simply change the DNS records and move in "the middle of the night".
This policy protects
both of us. If you have any questions or concerns regarding this policy,
please call us at 303-256-4657 for clarification.
If customer does not understand or agree with this policy, you must contact
us via phone within 14 days of activation to request clarification and/or
termination without penalty. Continued use of our services after the
initial 14 day account activation period constitutes acceptance of this AUP
- there are no exceptions.
not allow adult-oriented sites or the solicitation of
illegal activities on any of its servers. Customers found distributing this
type of materials will be terminated and billed $500 per incident.
SYNCRONICITY does not allow software (freeware, shareware, third-party apps,
etc) to be stored or downloaded from our servers. Any customer found
re-distributing illegal software will be terminated and billed $250 per
not allow abuse of server resources of any kind, including but not
limited to excessive disk space & bandwidth utilization, spamming, unsecured
ASP/PHP/CFM scripts, illegal audio/video streaming or inefficient Access
databases (over 10mb) causing high CPU utilization or overall server
performance issues. Customers in violation of this policy may have their
accounts suspended until they are in compliance.
understands that SYNCRONICITY'S equipment and/or vendor property is to be used only for lawful
purposes. Customer takes full responsibility for any wrongful actions he or she
commits or allows being committed using SYNCRONICITY'S equipment or
SYNCRONICITY or other relevant authorities may determine inappropriate usage of this
service and your user account may be revoked at SYNCRONICITY'S discretion.
shall indemnify SYNCRONICITY against any and all damages, losses, costs, and expenses
(including reasonable attorneys' fees) arising from any negligent act or omission or
misconduct of customer, or its employees, agents or sub-contractors, and for any breach by
customer of any term or condition of this agreement.
1.4 In no event
shall SYNCRONICITY be liable for loss of profits, indirect, incidental, special,
consequential, or other similar damages, arising out of the performance of this
agreement. In the event any remedy fails of its essential purpose, or in any other
event, SYNCRONICITY'S liability shall not exceed the amount of monthly fee paid to
SYNCRONICITY by customer under this agreement.
service is provided on an "as-is", "as-available" basis without
warranties of any kind, either express or implied. SYNCRONICITY
any representation or warranty that the SYNCRONICITY
service will be error-free, secure or
uninterrupted. No oral advice or written information given by SYNCRONICITY, it's
employees, licensors or the like, will create a warranty; nor may you rely on any such
information or advice.
1.6 Limitation of
liability. Under no circumstances, including negligence, will SYNCRONICITY, or one
of its affiliates be liable for any direct, indirect, incidental, special or consequential
damages that result from the use of or inability to use SYNCRONICITY
or the Internet,
including but not limited to reliance on any information obtained via the SYNCRONICITY'S
service or obtained from the Internet; or that result from mistakes, omissions,
interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects,
viruses, delays in operation, or transmission, or any failure of performance, whether or
not limited to acts of God, communications failure, theft, destruction or unauthorized
access to SYNCRONICITY'S records, programs or services. You hereby acknowledge that
this provision will apply whether or not SYNCRONICITY
is given notice of the possibility
of such damages and that the provision will apply to all content, merchandise or services
available from SYNCRONICITY.
SYNCRONICITY is not liable for backups for any person or company who we
provide hosting services for. It is the customers' responsibility to make backups of your
materials (html, images, databases) on a regular basis (or as often as you
feel necessary). Although we perform routine backups internally,
we cannot guarantee any restoration of lost customer data. SYNCRONICITY assumes no legal or monetary liability for
website content or database materials housed on our virtual servers that is lost
for any reason unless the individual client contract specifies otherwise.
SYNCRONICITY strongly recommends that customers practice common-sense
security procedures by refraining from storing credit card information or
any proprietary data within their web/ftp space without the use of very
strong encryption software. The Internet is a shared public network with
access by hundreds of millions of people - therefore we assume no
responsibility for the loss or theft of credit card or propriety
information unless otherwise specified in your monthly or annual service contract.
Web and e-mail hosting customers are fully responsible for protecting
their personal property (PC's/Networks) against viruses, adware, trojan
horses and any other internet-related bug/vulnerability. It is your
responsibility to maintain current virus definitions, adequate firewall
software, O/S and browser upgrades and software application patches which
help reduce your risk of infection/vulnerability. In some cases we
are able to help customers troubleshoot and repair their computers via
phone. Call for fees. Additionally, we would be happy to recommend a
qualified technician that can come to your home/office.
SPAM, JUNK MAIL, FORM-MAIL & GENERAL SERVER ABUSES
Syncronicity requires all form-mail and file-upload scripting code to be
free from any known bugs, hacks and vulnerabilities. It is the
sole responsibility of your webmaster to ensure that your domain is
free from such attacks such as e-mail header injection scripts which can
be used to send out tens of thousands of e-mail messages (usually spam)
from your website or to attempt to upload files to our servers. Vulnerable
or un-secure code includes scripts written in PHP, Cold Fusion, ASP,
FrontPage and/or java-script forms where code is not protected from use by
others outside your domain. Failure to protect or secure your domain may
result in account termination as well as fines of up to $500 per incident.
These fines are imposed on us by the data center where our servers are
hosted. Customer (you) accepts full responsibility for any
and all fines incurred by us if your website is used for any type of abuse
Syncronicity understands that websites may be prone to attack via outside
sources that are beyond anyone's control. Our servers are
pro-actively monitored 24 hours a day and our staff, consultants and
upstream IP carriers work round the clock to prevent such instances.
However, in the event that such attack (commonly referred to as "DDOS")
occurs that we can not prevent/mitigate due to matters outside of our
control (such as DNS and IP addresses handled by another party), the
customer assumes responsibility for any and all charges. We do not
charge the customer (you) for tech support hours required to mitigate the
situation, but customer (you) accepts full responsibility for any
and all fines incurred for bandwidth overage caused by such an attack.
Bandwidth is billed at our actual wholesale cost.
Customers have full FTP access 24/7 and are able (strongly encouraged) to make backups at their
convenience as many times per month as needed. Syncronicity is
not responsible for creating backups or archiving client data unless
specified in writing. Although we routinely backup data on a
daily/weekly basis, these are used for internal disaster recovery events such as
hardware (disk) or software server emergencies only. Do yourself a favor, make
backups regularly - there's no extra charge to do it - so be pro-active
and schedule it often.
order to avoid the constant mail server "blacklisting" that was taking
place during recent weeks, SYNCRONICITY will no longer allow customer
e-mail accounts to forward to Comcast addresses.
Effective 11.17.06, all current customers who forward to e-mail to
Comcast, will be converted to POP3 accounts or you can choose to forwarded
mail to another provider like Yahoo, HotMail or Gmail. This policy
only applies to mail forwarding accounts and only to @comcast.net
addresses. We apologize for the inconvenience.
abuse is bad for all clients in a shared hosting environment. We
continually monitor the performance loads on all of our web servers and in
the past three years have experienced higher than normal CPU usage -
specifically from Cold
Fusion based websites using Microsoft Access databases over 10MB. If
your Access database grows beyond 10MB and it crashes, becomes corrupt or
otherwise causes performance issues for other clients in our shared
environment, SYNCRONICITY will immediately warn you of the situation via
strongly encourage you to upsize to either MSSQL server. Please take
this seriously. Failure to
comply with 14 days, may result in the de-activation of your database and
or eventual termination of the website until the problem is corrected.
We will assist you in migrating (upsizing) your database to SQL at no
additional charge, however assistance with any HTML coding that may be
required is available on a hourly basis.
2. BILLING AND PAYMENTS
account activation and/or new domain registration set up fees are non-refundable.
Additional service upgrades and options are assessed a nominal one-time activation where applicable.
2.2 Billing for
services begins at the time your request for service is activated on our
servers. There are no exceptions. We send out
confirmation messages via e-mail, fax or phone immediately after the account is
established notifying the client that the account has been activated.
is due at the time service is requested. Your username and password will be
sent to your or your webmaster when payment is received and confirmed. Payment can be made via credit card,
PayPal, personal or business check.
SYNCRONICITY does not store credit card numbers on any computer, server or
backup device connected to the internet. This for our mutual
protection. Additionally, access to your credit card information is
password-protected and access is limited to two staff members who have been
with the company since it's inception in 1997.
is responsible for any/all fees associated with collecting monies owed to
Syncronicity. These fees include late charges of $10/per month or 1.75% of
the amount owed (whichever is greater), collection agency fees, attorneys
fees and court fees. Your account will remain open and billing will continue
until the entire balance & fees are paid.
SYNCRONICITY no longer offers a monthly billing option for new customers.
Unless otherwise specified or contracted for in writing, all new
accounts will be billed quarterly. Monthly billing
arrangements for our legacy customers is still available -
but requires payment via credit card and will incur a $4.95/mo administrative fee.
If you wish to avoid the fee, simply request a quarterly or annual pay option.
in full is due on the date indicated on the invoice. Payments must be received on
or before the due date or they will be considered late and are subject to
a minimum $10 service fee or 1.75% of the total outstanding monthly
balance (whichever is higher). Accounts which are 7 days past due
will be automatically placed on administrative hold ("suspended"). Web sites
will be re-activated only after payment in full is received plus a $50
server re-activation fee.
2.7 Customer is
responsible for any and all bank charges incurred by SYNCRONICITY - plus a $20
handling/processing fee - as a result of lack of funds in your bank/credit card account.
Your web and mail account will be immediately de-activated until we receive payment via
If needed, payments may
be pro-rated during your first month of service. Please request this when
ordering. Only applicable to customers on quarterly billing cycles.
Annual pre-paid plans. If you subscribe to one of our discounted annual or
multi-year pre-paid plans
in order to take advantage of a special or discounted rate - then decide to switch providers or cancel service
before your term is completed, you will be eligible for a pro-rated refund based on
current monthly fees during the time your plan was active (with 45-days
written notice). A check in the amount of the difference (if
any) will be mailed to you within 60 days.
VPS personal plan is non-refundable.
In the event that SYNCRONICITY is sold or acquired, you will be
entitled to a full cash refund of any remaining account balance or
we will make sure the new company honors your current service contract
rates and terms. You will have the option to
continue or cancel service - your investment is 100% safe - we guarantee it.
SYNCRONICITY is proud of it's reputation of never having to issue a credit
card chargeback. We only bill your credit card with your
authorization. You will never have a questionable charge appear on
your monthly credit card statement from us - we simply don't do business
2.10 Customers who have
pre-paid for service can upgrade their account plans at any time. SYNCRONICITY
review your current account balance, apply the new rate plan, and will adjust the amount
of pre-paid time remaining on your service contract.
2.11 Additional Disk
Storage Space per month is billed at $25/100MB block.
2.12 Additional Monthly Data Transfers are billed at
Customer accounts requiring higher than normal CPU, disk, bandwidth and
server memory allocations are subject to additional resource utilization
fees ranging from $125-225 per month. Customer will be contacted a minimum
of 30-days in advance to notify of any pending increases and/or to discuss
managed dedicated server options.
Advanced Spam & Virus Filtering is available @ $1.95/mailbox per month. Blocks of
"Email Defense Service" (EDS) accounts may be purchased at a discounted rate - please contact our
department. Five (5) mail aliases are included per (EDS) account (same
There is no fee to activate auto response/vacation messaging or mail
forwarding. Customers have access to a browser enabled mail
configuration page and can customize their mail settings/options 24 hours a
day. We will gladly assist you in creating a mail auto-responder and
training you how make changes.
2.16 Any additional
services requested outside the scope of the services offered as part of your hosting
service plan are available at a rate of $35-125/hour. These services include, but
are not limited to, training, consulting services, troubleshooting &
repairing broken code, file retrieval from tape backup
("archives"), uploading HTML or graphic files which you provide on ZIP diskettes
or CD-ROM to the SYNCRONICITY servers.
Some service upgrades and options (add-ons) may require a nominal one-time activation
fee. Refer to your specific plan for options and applicable rates.
3. SERVICE CANCELLATION
3.1 SYNCRONICITY has a 12-year reputation for
delivering exceptional customer support services. However, if a
customer is not completely satisfied with the service(s) we provide
directly or through our outsourcing partners, you have the right to cancel
your service without an early termination penalty. Customer MUST make us aware (via phone or e-mail) of any technical issues and
more importantly, give us an opportunity to validate and correct the issue(s). SYNCRONICITY
takes a great deal of pride in our work and will do whatever we can to
earn your business long-term.
3.2 Customer agrees to
notify SYNCRONICITY via e-mail, US Mail or faxcimile 60 days prior to account cancellation and
agrees to pay any remaining account balances via credit card the same day
the termination request is received in our office.
Requests for service cancellation will be honored as soon as the account
is paid in full - which is equal to a minimum of one quarterly billing cycle.
3.3.a All services
will be terminated immediately or according to the specific termination
instructions on your fax or e-mail. Account cancellations that do not
provide 60 days advance notice (per 3.1) are subject to a $75
administrative processing fee plus the one quarterly billing
cycle - payable via credit card.
3.3b All requests for termination must
include the effective date of termination. If a termination date is not
included, services will be de-activated
on the day the request is received by our staff. Accounts which are not
terminated in accordance with the above procedures shall remain active and continue to incur service charges until properly terminated.
Billing for services will continue and your account will remain open until
all payments are received. The effective date can not be
Accounts will not be considered closed when you change the DNS records to
another ISP or Webhost without notifying SYNCRONICITY first as described in
section 3.1. Your account will remain open and billing will continue until
balance is paid. All deadbeat accounts are turned over to Centennial
Credit & Collections,
and in extreme cases where amounts over $500 are due, will be reported to the Better Business Bureau, the State Attorney General
and the Internal Revenue Service.
3.4a Although we do not experience a high customer turnover rate, we
have had a few unethical clients "walk out" overnight without paying or
notifying us. Simply changing ISP's or Web hosting companies without notifying
us and/or paying off any unpaid balances FIRST is considered theft and
will be reported to the proper authorities in your area - including the
Better Business Bureau, the State Attorney General and the Internal
3.4b Syncronicity assumes no responsibility for loss of data (web/mail)
as a result of improperly terminated accounts. We strongly recommend that
all customers coordinate the transfer from our servers to their new
provider's servers to ensure a smooth transition - this includes making
sure you have good recent data backups before changing the
DNS servers. Failing to coordinate or communicate clearly can cause an
interruption in services which makes everyone look bad and causes bad
3.4c Customer reserves the right to cancel the
initial termination request.
In such cases, customer MUST send a written request (fax or e-mail)
requesting that Syncronicity re-activate all services specified in such
message. It sounds odd...but it does happen. Customer will be responsible
for paying a one-time activation fee and agrees to re-establish service for a
minimum of one quarterly billing cycle - payable via credit card.
- Syncronicity reserves the right to modify this AUP without notice in at
our sole discretion. Such modifications shall be effective when posted.
link to this AUP is printed on all invoices and it is the
customer's responsibility to make sure they understand and agree to it
while they remain an active customer. Payment of your initial invoice by
check, money order or credit card constitutes
acceptance of these terms. If you do not agree with the terms stated
on this page, you should contact us immediately for clarification or to
discontinue your account. Failure to do so constitutes acceptance of
3.6 In the event of any
termination for breach of this agreement you may not establish a new
subscription with SYNCRONICITY for one year from the date of termination.
Customers who previously had accounts terminated due to lack of payment
are no longer welcome on our network or servers. Upon and after
termination, SYNCRONICITY will not be obligated to provide you with access
to any stored e-mail or content related to your account.
4. CGI SCRIPTS, WEB STATS
AND OTHER TECHNICAL SUPPORT ISSUES
4.1 All CGI/Perl
scripts must be pre-approved by SYNCRONICITY prior to use on our servers.
Customer agrees to send all CGI scripts to:
help desk and should
include short description of what the script actually does in the body of the message. As a
courtesy, once the script is approved we will upload it to the server for immediate
use. Bad scripts will be returned to you for repair by your webmaster. Failure to
have your script pre-approved before upload may result in account termination.
SYNCRONICITY is not responsible for poorly written applications and coding
errors that cause performance problems. Our software engineering staff is
available (for a fee) to assist with with coding and database issues. Please
contact us for support.
understands that SYNCRONICITY is a web hosting provider and that we are not responsible
for technical support issues relating to your Internet Service Provider (i.e.: slow access
speeds, old software, connection issues, etc.)
Some of our hardware/software and backend infrastructure as well as system
administration support services may be contracted out to our data center
staff. There may be instances when you will be referred directly to them for
support issues beyond our immediate control. Rest assured, your
satisfaction is always guaranteed. If you feel you are not getting an issue
resolved in a timely manner, please contact management immediately.
4.3 Web site
maintenance can be performed 24 hours a day via FTP or the FrontPage Publishing
Wizard. SYNCRONICITY is not responsible for poorly written source code or scripts
which result in broken links, inaccessible areas or slow server response times on your web
site. Please consult directly with your webmaster to ensure the accuracy and
efficiency of your files before uploading them to the server.
4.4 Upon request,
SYNCRONICITY will set up web statistics viewing for our clients. If you would like
SYNCRONICITY to configure web site statistic viewing, you must
to request it.
Customers can review their site statistics anytime, 24 hours a day and have
the option of downloading/saving the results directly to their computer for
future review and manipulation or simply printing them for future review.
strongly urges clients to download or print your web stats on a regular basis.
Although our web stat policy only guarantees access to your web site statistical
data for a
maximum of 90 days,
SYNCRONICITY may often times offer stats for
longer periods of time as disk storage space and personnel resources allow. If it is
absolutely essential that you have statistical data for a full calendar year, please
contact us immediately at (303) 256-4657 and we will work with you to set this up.
can provide support for third party software cgi-enabled products like
bulletin boards, shopping carts, guest books, hit counters, etc. However,
there is a nominal system administration set up fee to install these. It's always best to ask
April 1, 2005, SYNCRONICITY will no longer provide FREE software upgrades
or security patches for third-party add-on software programs (ie: bulletin
boards, etc). Our staff is available to assist with these type of support
requests at a rate of $55/hr. Additionally, it's important to note that
sites which are not upgraded or patched are vulnerable to hackers, so we
reserve the right to terminate any non-patched sites as needed to protect
our web/mail servers.
reserves the right to not
install or discontinue use of any third-party scripts or databases that we feel pose a
security risk or that require high than normal CPU resources on our servers.
Effective March 18, 2005, additional fees of $20-50/mo for bulletin board or
discussion board software may apply due to heavy CPU server loads.
Customers who install third-party software applications such as PHPBB will
not be allowed to use the "private messaging", "message notification" or
"avatar" features. This policy is in effect to circumvent security
vulnerabilities. SYNCRONICITY reserves the right to terminate access
to any third-party application that is not "patched" on a regular basis.
offers free and unlimited technical support via phone for the first 90
days. After 90 days, all non-emergency server support must be submitted
via e-mail. Advanced hourly or monthly retainer support packages are
5. DOMAIN NAMES &
not charge a fee to transfer your existing domain or to set up a new domain for
your "virtual" web site at the time your new account is activated. However,
we will charge a one-time $10 domain-processing fee to register additional
domain name(s) for your business. There is no limit to the number of
domains you can register.
SYNCRONICITY will help register or transfer a domain name to our servers per
your request. Network Solutions, DomainSite, GoDaddy, Register.com and OpenSRS are reputable registrars and
can range anywhere between $9-35 per year.
5.3 If requesting
the registration of a domain name, you certify that to the best of your knowledge the use
of this name does not violate the trademark, service mark, or other proprietary name or
mark of any other person or entity. Registering a domain name does not infer any
legal rights to that name and any disputes between parties over the rights to use a
particular name are to be settled between the contending parties.
domain "pointers" in excess of your account package may be
purchased. Please refer to our
"pointing" service for specific details.
5.5 Domain Name
Parking only customers are not allocated web space. All "parked" domain
names will be temporarily pointed at our root-level domain (syncronicity.net) until the customer signs up for a VP hosting package
or our DNS Plus service.
6.1 Customers can
request a Private SSL certificate (required for secure server-browser
communications). First year fee is $275 and includes a one year certificate
Consulting/Verisign or GeoTrust. Annual renewal fees are $125-$175.
6.2 The SSL
certification application process involves the completion and submission of a lot of
paperwork. This paperwork is required to authenticate your business and is mandatory
before a certificate will be issued. The normal process can take up to three weeks - but
can be expedited if you have a Dunn & Bradstreet number (DUNN).
Unless otherwise requested, all SSL certificates are regular strength. If
you require 128k strong encryption, the certificate authority
(CA) does charge a bit more - please call 303.256.4657.
understands that simply having an SSL certificate does not necessarily
protect data submitted via form-mail scripts. Only the data communications
between the clients web browser and the server is encrypted. Form scripts
that capture data and save it to the server as a file or scripts that
encrypt the email via a "wrapper" are considered "secure". Customer is
responsible for protecting their websites accordingly.
understands that they should not store or maintain credit card information
on a shared web hosting server. Customer is responsible for protecting
their clients credit card or personal information. If you need to store or
maintain credit card information, you should consider a "dedicated" server
with dedicated firewalls, etc. These services are available to you, please
contact us for a quote.
7. WEB HOSTING SPACE
Our referral program continues to be very popular. However, if you would
like to move a block of customers to our service, please call us at
inquire about available bulk discounts we can provide to your
Reseller programs are available with discounts ranging from 15-30% the
posted fees. Discount % is determined on the type of reseller option you
chose. Contact us at (303) 256-4657 for specific information.
8. PROMOTIONAL OFFERS,
DISCOUNTS & AND PREPAID ACCOUNTS
does not allow clients to combine
advertised or non-advertised specials, promotions or discounts with any other
special, discount or promotion.
8.2 Customer understands
that some pre-paid promotional offers may be non-refundable.
Proof of 501c3 non-profit status is required to take advantage of our
special discounted no-profit hosting rates. The 15-20% discount applies to
the base hosting only - service option and upgrades are not included.
Promotional discounts and offers are only available to first-time customers
or customers who have not had service with us for at last 12-months.
9. WEB SITE DESIGN /
Client understands that they are hiring SYNCRONICITY
as a consultant and as such, will be responsible for submitting a 1099
annually. Additionally, all consulting service fees must be paid at
the time service is rendered and are non-refundable.
does not allow clients to combine
advertised or non-advertised specials, promotions or discounts with any other
special, discount or promotion.
9.2 Customer will be billed at an hourly rate of $50-125 per hour for any web design services
above and beyond the contracted project or proposal.
Photo scanning and image manipulation is billed at a flat rate of $15 and
$35 per item respectively with discounts on multiple images. It's always
best to have us quote a firm price for your entire project.
a web site
has been approved by the customer and is uploaded to our servers (or theirs), the customer
shall retain full ownership of the source code and are
fully responsible for keeping it current. We can provide ongoing site maintenance
on a per project basis or on a flat per month rate - please call.
All web design projects created by SYNCRONICITY become the sole property
of the customer (you) only after payment in full has been received.
Unless otherwise contracted for, the customer will be responsible for
downloading and maintaining current backups/archives as described in
section 2 of this policy.
SYNCRONICITY is not liable for any loss of website data resulting from
viruses, system hardware/software crashes or incompetence on your end. If
backups or archives are required, you must contract to have this service
provided on a regularly scheduled basis or simply download a copy via FTP
at your convenience 24 hours a day.
acknowledges the current rate plans and understands that they are responsible for any and
all charges incurred beyond the original proposal. No additional work (text
changes, graphic images, etc) will be provided free of charge UNLESS you
are participating in our non-profit / pro-bono development offer and have
a written statement from us indicating such changes.
Customer agrees to pay a 50% deposit on all web design projects before
work begins. The remaining balance is due with 5 business days after
completion - at which time ownership rights and full access will be
granted to you or your organization.
reserves the right to modify this agreement and/or hosting packages at any
time and without notice. A link to this AUP is provided at the bottom of
every invoice and it is your responsibility to review and agree to the
terms and conditions set forth above prior to initiating or continuing
service. Current customers will be notified of any policy violation
and will be given an opportunity to correct the situation.
important to note that our prices have not increased in the past 10 years
and many plan prices have been decreased. Therefore, if you signup for a
plan today and do not make any significant changes, you're
locked at that rate forever. However, if your specific hosting plan
price is reduced or services are increased, customer shall contact us to
make the adjustment moving forward.
All of the
terms & conditions mentioned above are a matter of policy and intended to
avoid any possible misunderstandings that may arise. Most matters can be
resolved quickly via telephone. Please call 303.256.4657 with any
questions. After you have read,
understand and agreed to the above terms and conditions, then you may:
"If you like our service, tell someone...If not, tell us!"