Service Fees. By the Tenth (10th) of each month, SupraGlobal Networks shall either (i) debit Client's credit card (where such information is provided by Client) or (ii) deliver by e-mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current month. Where an invoice is delivered to Client, Client shall remit payment to SupraGlobal Networks by no later than 10 days after the specified payment due date. SupraGlobal Networks shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to SupraGlobal Networks. Certain services carry a set-up fee charged by SupraGlobal Networks to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to SupraGlobal Networks and    agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, unless a contract is in    place, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus,    for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid SupraGlobal    Networks for such Services, refunds will be issued for any unused full month month portions less one month of the Services upon    Clients request. Therefore, if Client's account is cancelled at any point during the one (1) year term, Client will be entitled to a    refund for all but one of the full months remaining after notice given by the 25th of the preceding month.

Late payments. Any payment not received within twenty (20) days of the invoice date, will be assessed a late fee of one and one-half percent (1 1/2%) per month or the highest rate allowed by applicable law, whichever is lower, with minimum of a $5.00 fee. Customer also shall pay to SupraGlobal Networks all expenses incurred by SupraGlobal Networks in exercising any of its rights    under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to,    reasonable attorneys' fees and the fees of any collection agency retained by SupraGlobal Networks.

Taxes. Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed   on the transaction and/or the delivery of Services.

Domain Names. If Client chooses to register a domain name(s) through SupraGlobal Networks, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar.SupraGlobal Networks does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.



3. CLIENT LIABILITY AND INDEMNIFICATION·

The parties agree that in no event shall SupraGlobal Networks be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless SupraGlobal Networks from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.



4. TERM, TERMINATION & REINSTATEMENT

Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must follow instructions for cancellation provided on the Server Cancellation Information page. All cancellation requests must be received by the 25th of the respective month of cancellation. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 - 8 shall survive termination or expiration of this Agreement.

If SupraGlobal Networks suspends a virtual account for non-payment, Client shall be allowed to re-instate Client's use of the Services within Five (5) business days of cancellation upon approval from SupraGlobal Networks and full payment of balances due.

If SupraGlobal Networks disconnects a Dedicated Server or Colocation server for non-payment, the Client shall pay a fee of Fifty Dollars ($50) prior to any re-instatement of Client's server. Once payment has been received, Client's account will be activated within Forty-Eight (48) business hours. SupraGlobal Networks will maintain an archival copy of Client's data files for (5) days after SupraGlobal Networks disconnects the server.

If a Client terminates their account, SupraGlobal Networks will disable the server/account the day the client specifies the account is cancelled. SupraGlobal Networks will not maintain an archival copy of the Clients Web site or files. It is the responsibility of the Client to remove any data off the server prior to the date provided in their cancellation notice.



5. TAXES·

Client will pay and indemnify and hold SupraGlobal Networks harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.



6. DISCLAIMER OF WARRANTY·

THE SERVICES, THE SUPRAGLOBAL NETWORKS SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE SUPRAGLOBAL NETWORKS SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. SUPRAGLOBAL NETWORKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUPRAGLOBAL NETWORKS SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.



7. LIMITATION OF LIABILITY·

IN NO EVENT SHALL SUPRAGLOBAL NETWORKS BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE SUPRAGLOBAL NETWORKS SITE OR ANY SUPRAGLOBAL NETWORKS PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL SUPRAGLOBAL NETWORKS CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).



8. MISCELLANEOUS

Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.

If to SupraGlobal Networks:

SupraGlobal Networks
18021 Biscayne Blvd.
Tower 2 South, Suite 1202
North Miami Beach, FL 33160-5200
U.S.A

If to Client:

Name and address provided for account setup.

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by SupraGlobal Networks. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it’s conflict of law rules. This Agreement and SupraGlobal Networks’s policies are subject to change by SupraGlobal Networks without notice. Continued usage of the Services after a change to this Agreement by SupraGlobal Networks or after a new policy is implemented and posted on the SupraGlobal Networks Site constitutes your acceptance of such change or policy. We encourage you to regularly check the SupraGlobal Networks Site for any changes or additions.

In the course of serving its customers, SupraGlobal Networks acquires, stores and transmits customer communications and information that customers may regard as private or sensitive. Some of this information - such as the customer's name, address, telephone number, and credit card data - is provided to SupraGlobal Networks by its customers in order to establish service. Other information - such as the customer's account status, choice of services, and customer logs - is created and maintained by SupraGlobal Networks in the normal course of providing service. SupraGlobal Networks also uses cookies, which are small pieces of information that a web site can store in a designated file on a user's computer for various reasons. In addition, SupraGlobal Networks may store customers' electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.

Data Security

SupraGlobal Networks will protect the confidentiality of its customers' information, account information and personal communications to the fullest extent possible and consistent with the law and the legitimate interests of SupraGlobal Networks, its partners, its employees and other customers of SupraGlobal Networks’s services. To protect the loss, misuse, and alteration of information that is collected from customers, SupraGlobal Networks has appropriate physical, electronic, and managerial procedures in place.

How is customer information used?

SupraGlobal Networks may share customer information with selected partners, for example, to provide customers with information about products which might be of interest to the customer or to enable the customer to take advantage of special partner programs. SupraGlobal Networks may also use customer information to provide its customers with system information or information about new or upgraded products.

Modification of customer information.

Customers may modify their personal information by logging a to the My Account area.

Will SupraGlobal Networks ever send me direct mailings?

From time to time, SupraGlobal Networks may send its customers information about various products and services that may be of interest. We will not send you information of this type without specifically allowing you to "opt out" of such mailings. You can opt out by sending an e-mail to billing@supraglobal.com

In addition, if you are a SupraGlobal Networks reseller, SupraGlobal Networks and/or its partners and advertisers may from time to time send you newsletters, promotional material, and other mailings. You can opt out by sending an e-mail to billing@supraglobal.com

How do I protect my Personal Information in public forums?

SupraGlobal Networks may offer interactive forums, such as message boards and chat. SupraGlobal Networks users should be aware that when they voluntarily disclose Personal Information to other users or to third parties on the SupraGlobal Networks system, through e-mail, or outside of the SupraGlobal Networks system, that information can be collected and used by others and may result in unsolicited messages from other members or third parties. While SupraGlobal Networks strives to protect your Personal Information, SupraGlobal Networks cannot guarantee the security of any information that you transmit to SupraGlobal Networks, and you are solely responsible for maintaining the secrecy of any passwords or other account information.

What about privacy on sites that SupraGlobal Networks links to?

SupraGlobal Networks may provide links to its partners and other Internet sites. These sites have separate data and privacy practices independent of SupraGlobal Networks, and SupraGlobal Networks disclaims any responsibility or liability for their policies or actions.

Disclosure of customer information and communications

SupraGlobal Networks will not otherwise disclose its customers' personal and account information unless SupraGlobal Networks has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of SupraGlobal Networks, SupraGlobal Networks’s customers, or others, or where SupraGlobal Networks has a good faith belief that the law requires such disclosure.

SupraGlobal Networks also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that SupraGlobal Networks stores or transmits for its customers. The circumstances under which SupraGlobal Networks will disclose such electronic customer communications are when:

1. it is necessary in order to provide service to the customer;
2. it is necessary to protect the legitimate interests of SupraGlobal Networks and its customers;
3. it is required to cooperate with interception orders, warrants, or other legal process that SupraGlobal Networks determines in its sole discretion to be valid and enforceable; and
4. it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by SupraGlobal Networks and appear to pertain to the commission of a crime.

SupraGlobal Networks disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. SupraGlobal Networks will, however, review, delete or block access to communications that may harm SupraGlobal Networks, its customers or third parties. The grounds on which SupraGlobal Networks may take such action include, but are not limited to, actual or potential violations of SupraGlobal Networks’s Acceptable Use Policy.

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward SupraGlobal Networks, but also because it can overload SupraGlobal Networks's network and disrupt service to SupraGlobal Networks clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, SupraGlobal Networks has the discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail list. Refer to our UCE/SPAM Policy <http://www.supraglobal.com/info/uce-spam.html> for more informtion.

Intellectual Property Violations

Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. SupraGlobal Networks is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also SupraGlobal Networks’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Adult Material

Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why SupraGlobal Networks has been forced to create its no adult sites policy for its virtual server users.

What does SupraGlobal Networks consider "Adult Material?"

· Any site whose revenue is gained in part or whole from its adult content.
· Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
· Revenue-generating hyperlinks to sites who violate policy #1.

Why does SupraGlobal Networks have this policy?

Bandwidth and Resources

A virtual server is a shared environment where many servers reside on each particular machine. This being said, consider that an average "adult site" gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.
SupraGlobal Networks reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order.

Defamatory or Abusive Language

Using SupraGlobal Networks’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks

Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Background Running Programs

Background Daemons in general are prohibited on SupraGlobal Networks servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation.
SupraGlobal Networks will be the sole arbitor of what consitutes a violation of the above policy.

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Export Control Violations

Exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet Groups

SupraGlobal Networks reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities

Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities

Engaging in activities, whether lawful or unlawful, that SupraGlobal Networks determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. SupraGlobal Networks will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with SupraGlobal Networks policy or applicable law. When SupraGlobal Networks becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
SupraGlobal Networks also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, SupraGlobal Networks urges its clients to assume that all of their on-line communications are insecure. SupraGlobal Networks cannot take any responsibility for the security of information transmitted over SupraGlobal Networks’s facilities.
SupraGlobal Networks will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. SupraGlobal Networks may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, SupraGlobal Networks may disclose information, including but not limited to, information concerning a client, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. SupraGlobal Networks assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, SupraGlobal Networks may disclose client information or information transmitted over its network where necessary to protect SupraGlobal Networks and others from harm, or where such disclosure is necessary to the proper operation of the system.
We hope this AUP is helpful in clarifying the obligations of Internet users, including SupraGlobal Networks and its clients, as responsible members of the Internet. Any complaints about a client's violation of this AUP should be sent to mailto:abuse@SupraGlobal.com.

· The bulk UCE, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to SupraGlobal Networks or any URL (domain) that is hosted by SupraGlobal Networks.
· Unsolicited postings to newsgroups advertising any IP or URL hosted by SupraGlobal Networks.
· The use of webpages set up on ISPs that allow SPAM-ing (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses hosted by SupraGlobal Networks.
· Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to SPAM.

Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.

For further information on mail abuse, please visit the Mail Abuse Prevention System (MAPS) website.

Repercussions of SPAM:

Across the Web, it is generally accepted that SPAM is an inconsiderate and improper business practice.

SupraGlobal Networks:

SPAM is not only harmful because of its negative impact on consumer attitudes toward SupraGlobal Networks, but also because it can overload SupraGlobal Networks’s network and resources, especially on our shared (virtual) server environments.

Our Providers:

Since it is unsolicited, users who receive SPAM often become angry and send complaints to our upstream providers. This upsets our providers who abhor SPAM for the same reasons that SupraGlobal Networks does - it causes negative consumer attitudes and drains resources. We strive to maintain favorable business relationships in the Web community and obviously will not allow any practice that threatens these relationships.

Punishment For SPAM:

SupraGlobal Networks reserves the right to terminate, without warning, any account that violates this policy. Usage of SupraGlobal Networks services constitutes acceptance and understanding of this policy.

SupraGlobal Networks may, at its option, charge $25.00 per SPAM complaint we receive for both Dedicated and Virtual Server customers. Resellers will be charged for resold accounts, receiving SPAM complaints. Reseller may choose to pass this charge down to their client. These are non-refundable charges and will be invoiced at the time of complaint notification.
SupraGlobal Networks reserves the right to decide what it considers "SPAM", "UCE", "mail bombing", or "bulk e-mail", and to determine from all of the evidence whether or not the e-mail recipients were from an "opt-in" e-mail list.
Should you choose to e-mail from SupraGlobal Networks servers, especially if you use mailing lists, you must read and adhere to the following guidelines, which are offered as a statement of Internet standards and best current practices for proper mailing list management and preventing e-mail abuse.