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Sun Hosting's Customer Terms of Use

The General Center for Internet Services Inc. (GCIS), a federally incorporated Quebec corporation, doing business under the name of Sun Hosting, (from herein referred to as 'Sun Hosting') furnishes to the Customer, this Web hosting service, conditional to this Customer Terms of Use.

This agreement represents the complete agreement and understanding between Sun Hosting and the account holder (hereinafter called the Customer) and supersedes any other written or oral agreement. This agreement also works in direct conjunction with our Acceptable Use Policy (AUP) and must be respected at all times.

Upon notice published online via the Sun Hosting website, Sun Hosting may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered. It is of the full responsibility of the Customer to stay current with any changes or conditions set forth in this Terms of Use agreement.

IMPORTANT: USE OF YOUR WEB HOSTING ACCOUNT WITH SUN HOSTING CONSTITUTES YOUR FULL APPROVAL OF THESE TERMS AND CONDITIONS AND SIGNIFIES THAT YOU ARE IN FULL AGREEMENT WITH ALL RULES AND REGULATIONS SET FORTH IN THIS TERMS OF USE AGREEMENT.

Last updated on Aug. 26, 2009 at 6.31 AM EST.

1. Sun Hosting makes no warranties of any kind, whether expressed or implied, for the service it is providing. Sun Hosting also disclaims any warranty of merchantability or fitness for a particular purpose. Sun Hosting will not be responsible for any damages, directly or indirectly that the customer could suffer in the case of any outage. This includes, but is not limited to, loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties or power disturbances.

2. Services provided to the Customer by Sun Hosting may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. Sun Hosting reserves the right to completely shutdown a website, or to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.

3. Customer agrees to defend, hold harmless and expeditiously indemnify Sun Hosting from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service.

4. Sun Hosting accounts cannot be transferred or used by anyone other than the subscriber. Customers may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this Policy. Customer may allow FTP access to Sun Hosting's servers and host websites for its customers without violating this Policy, provided Customer only uses it's designated allocated hosting areas and the conditions that apply to that Customer under the plan he or she has selected.

5. Sun Hosting reserves the right to cancel any service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis. Fees for setup and the first month's service are not refundable. If a customer re-registers after Sun Hosting's cancellation of the account without Sun Hosting's written consent, Sun Hosting will cancel Customer's account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable.

6. Setup fees are not refundable under any conditions.

7. When a Sun Hosting Customer wishes to cancel his account, an email must be sent to Sun Hosting a minimum of 30 days prior to the discontinuation of Customer's hosting services. The cancellation email must come from the exact email address that Sun Hosting has in its records or will be IGNORED. Failing to respect Article 7 will result in the Customer's obligation to pay in full for the last month of hosting service. This applies to all Sun Hosting customers, whether the account in question is just a regular individual hosting account, a virtual server, a fully dedicated server or a server colocation account.

8. At the time of account cancellation, a Cancellation Code will be provided. If accounts are billed in error after the Cancellation date, credits will only be issued with a valid Sun Hosting Cancellation Code. If cancellation is done in writing, it will be the responsibility of the Customer to contact Sun Hosting for the Cancellation Code.

9. Additionally, CUSTOMER agrees not to utilize any of Sun Hosting's Web hosting services, equipment or email addresses once account has been cancelled.

10. Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware") and services which send unsolicited advertisements.

11. Sun Hosting requires that its agreements be made with a person who is qualified to contract. As such, Customer or subscriber must be over the age of eighteen (18) years, or must be of legal age in his or her country of residence. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. Sun Hosting cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age, or of legal age in their country of residence.

12. Customer shall ensure that its use of Sun Hosting's network services shall not disrupt Sun Hosting, its associated networks or equipment forming part of the systems. In instances in which an excessive amount of system resources are utilized by a subscriber, Sun Hosting reserves the right to place CPU process limits on the Customer's account or any other necessary means to prevent disruption of service to other customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any Sun Hosting user or to any directly or indirectly attached network. Use of Sun Hosting's connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Sun Hosting shall be considered a breach of this Policy and may result in the complete cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of Sun Hosting's services, Sun Hosting's equipment or any site hosted on any Sun Hosting's family of networks located all over the world.

13. Customer warrants that any material submitted for publication on Sun Hosting does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. Sun Hosting fully reserves the right to remove any and all materials which infringe on any copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.

14. If Sun Hosting becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, Sun Hosting, at its discretion, may, at any time deny access to the challenged material of Customer.

15. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.

16. For all new domains purchased at www.sunhosting.ca, there is a yearly non-refundable registration fee. View pricing details on the www.sunhosting.ca website for more information. It is the customer's responsibility to ensure that any of his or her's domain names are valid and to ensure they are renewed on time to avoid any temporary or permanent loss of service.

17. Use of Sun Hosting's hosting services could involve listing subscriber's participation in relevant directories, and subscriber expressly grants permission for such listings.

18. Although all hosting plans permit unlimited data transfer, each plan is subject to a surcharge in the event usage exceeds the allotted free bandwidth for that plan. Customer is responsible for charges related to bandwidth exceeding the plan's allotted data transfer.

19. Digital Millenium Copyright Act: If you believe that your work has been copied in a way that constitutes copyright infringement by a Sun Hosting customer ("the Customer"), you ("the Complaining Party") must first provide Sun Hosting’s Copyright Agent with the following information in writing ("the Notification"):

(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;

(2) A description of the copyrighted work that you claim has been infringed; if multiple copyrighted works at a single site are covered by a single notification, then include a representative list of such works at that site;

(3) A description of where the material that you claim is infringing is located on the site sufficient to permit us to locate the allegedly infringing material;

(4) Your physical address, telephone number, and email address;

(5) A statement that you have a good faith 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 owner or authorized to act on the copyright owner's behalf.

Sun Hosting's Copyright Agent for Notice of claims of copyright infringement on any website is Jonathan Price, who can be reached as follows: jprice@sunhosting.ca

Once we have received your email complaint, we will notify you of the correct procedure thereafter to successfully pursue the matter.

Once you have correctly satisfied our Copyright Protection Policies, Sun Hosting will:

(1) Remove or disable access to the material that is alleged to be infringing;

(2) Forward the written notification to the alleged infringer ("the Customer");

(3) Take reasonable steps to promptly notify the Customer that it has removed or disabled access to the material.

In response, the Customer may send a "Counter-Notification" to Sun Hosting. To be effective, the Counter-Notification must be in writing and include the following information:

(1) The Customer’s physical or electronic signature;

(2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(3) A statement under penalty of perjury that the Customer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;

(4) The Customer’s name, address, and telephone number, and a statement that the Customer consents to the jurisdiction of the Federal District Court in which the address is located, or if the Customer is outside the United States, for any judicial district in which Sun Hosting may be found, and that the Customer will accept service of process from the person or his agent who provided the original Notification.

Upon receipt of the written Counter-Notification containing the above information by the Customer, and only upon receiving such Counter-Notification, Sun Hosting will:

(1) Provide the Complaining Party with a copy of the Counter-Notification;

(2) Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;

(3) Replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided Sun Hosting’s Copyright Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Customer from engaging in infringing activity relating to the material referenced in the Notification.

20. Any party seeking to report any other potential violations of this Agreement may contact Sun Hosting via email at info@sunhosting.ca

21. Transferring your domain to another provider does not constitute canceling your Sun Hosting account. You must notify Sun Hosting in writing to formally cancel your account with Sun Hosting to avoid further charges.

22. On occasion, Sun Hosting may have a need to communicate with its customers through email issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check email sent to the primary login email address on the account.

23. It is the responsibility of the customer to contact Sun Hosting of any changes to their account, such as phone number, address, credit card information, etc. Customers will be required to provide verification for security purposes authorizing them to make any changes to that account.

24. SUN HOSTING HAS A ZERO-TOLERANCE POLICY TO ANY FORM OF SPAM. ANY SUN HOSTING CUSTOMER THAT SENDS SPAM EITHER BY EMAIL OR BY ANY OTHER MEANS WILL HAVE HIS ACCOUNT CLOSED PERMANENTLY, HIS DOMAIN NAME WILL BE DELETED AND NO REFUND WILL BE ISSUED. If a Sun Hosting customer wishes to send e-mails to selected prospective customers, he can provided he or she uses compatible permission-based email software. Only use this approved link for that purpose and we will accept your email campaigns without any problems. Furthermore, if a prospective customer elects to cancel the sending of any emails in the future, any Sun Hosting client will have to abide by that and stop sending emails to that person immediately. For more information on permission-based email marketing and it's added benefits, please click here.

25. Customers don't have permission to install any programs or scripts that could cause Sun Hosting's servers or its network to slow down or to negatively affect the normal day-to-day operation of other Customer's sites or applications. If Sun Hosting becomes aware of such programs or scripts, at its sole discretion, it will have the right to either remove or to disable them temporarily or permanently.

26. There will be a minimum $25 service charge if a Customer requests Sun Hosting to change the hosting of an account to another IP that isn't part of Sun Hosting's network, or if the Customer decides to host his own website and his own email addresses on his own server outside of Sun Hosting's network. The $25 charge is a per-event charge. If Customer should ask Sun Hosting to change his IP address to yet another one, an additional $25 charge will apply.

27. All customers of Sun Hosting will be fully responsible for any CGI, PHP, ASP, Perl or any other script or similar scripting program or software that the customer installs on Sun Hosting's servers. Additionally, Sun Hosting will refuse installation and access to such scripts or programs, unless they have been fully examined and verified by a qualified Sun Hosting technician, and that such scripts or programs have been confirmed safe by Sun Hosting to install on its servers. Such a verification and approval process costs $ 50.00 plus applicable provincial taxes and GST, and the customer needs to pay Sun Hosting in advance for this necessary service. It is also the responsibility of the customer to ensure that any scripts or scripting programs are free of any breach of security defects and that they remain in good operating condition at all times. Any scripts or any scripting programs that are deemed vulnerable to a security breach or exploit will be immediately removed and all CGI or script access will be removed and a notification email will be sent to the customer. Once the customer has remedied and repaired the defective script or scripting program in cause, Sun Hosting will have to re-examine said script, and there will be a $ 50.00 verification fee, plus applicable taxes for the service. The customer or his Web designer are responsible for the good operation of any scripts or scripting programs at all times.

28. Sun Hosting's Web hosting services are recognized as being of the highest quality there is, and its servers are of the highest quality and capacity available, as far as the current state of modern Internet technology today is concerned. There shall be no refunds, either partial or complete for any lack of experience in how to build a website, how to program, how to build Web pages and for any lack of knowledge on the part of the site owner. It is always of the client's responsability to fully ensure that he or she has the necessary knowledge, experience and the right tools to design and maintain a website at all times.

29. If a Customer has signed up and paid for a hosting plan one year in advance, and later cancels his account before the expiration date of his account, no money will be refunded to the Customer. Any money that is paid in advance isn't refundable under any circumstances.

30. Unless otherwise stated by Sun Hosting, all domain names are renewed every year automatically by our domain registrar. Sun Hosting always sends a renewal notice via PayPal at least 30 days or more prior to the domain's renewal and at the email address we had on file the same day the Customer opened his Sun Hosting account. It is always the responsability of the Customer to make sure his domain name is renewed on time. Sun Hosting will only send a maximum of three (3) domain renewal notices via the PayPal payment request system. If payment isn't received by Sun Hosting ten (10) days after the third payment request has been sent, in order to guarantee payment, Sun Hosting will replace the DNS settings on the affected domain for as long as the non-payment condition is in effect. After such action, the Customer's website and all his email addresses will cease to operate normally. Sun Hosting will then send a notification notice to the Customer, with an explanation on how to take corrective action. Furthermore, on top of the regular $25 annual renewal fee, Sun Hosting will impose a $20 DNS re-initializing fee payable by the Customer, if the Customer isn't hosted on Sun Hosting's servers anymore. If the Customer is hosted by Sun Hosting, the $20 re-initialization fee will be waived. All domain renewals are subject to applicable taxes in the province or territory where the Customer resides.

31. Customer is forbidden of giving his Plesk control panel User ID or Password to his clients, his suppliers, or anybody that works outside his own premises for any reason, unless it is his designated webmaster, site developer or programmer. Customer is fully liable for any damages, downtime, repairs or replacement of any of Sun Hosting's servers, network equipment or any other apparatus if there should be a breach of security caused by giving unauthorized people access to the Customer's control panel.

32. It is strictly forbidden to post, write or display any messages of hate or to display cartoons, photos or images that may be offending to specific groups, religions, nationalities or beliefs. If Sun Hosting encounters such violations it will immediately and PERMANENTLY disable any accounts and without any warning. There is never any refunds in any of these cases.

33. Customer will completely exonerate Sun Hosting of any possible legal or court fines to any violations perpetrated by any action taken by the customer. If a court levies or charges a fine to Sun Hosting for any customer misconduct or in violation to this Terms of Use, Sun Hosting will automatically countersue the customer for the full amount of the fine, all related court costs, all related attorney costs, plus the expenses it has encurred in relation to such fines and to defend itself.

34. Unless agreed upon otherwise with Sun Hosting's management, Customer accepts that there will be a $25 administration fee to downgrade any hosting plan to a lower plan. There are no fees to upgrade from a lower to a higher plan.

35. Customer is encouraged to report to Sun Hosting any action which he or she thinks could constitute abuse on Sun Hosting's servers or its network. The correct email address for this is abuse@sunhosting.ca. If Sun Hosting needs additional information on a specific incident, Customer will try to cooperate in the best way possible.

36. Sun Hosting's Sun Guard™ Managed Hosting Services are always sold seperately as an added option and the cost is added to whatever the Customer has chosen as an individual hosting plan, eCommerce hosting plan, virtual server, dedicated server or colocation server.

37. No new Sun Hosting account will be opened under any circumstances unless Customer fully discloses his complete postal mailing address, a valid phone number where Customer can be reached and a valid email address. If the Customer's current email address isn't working for any reason, Customer will supply Sun Hosting with an alternate one that works. It is always the Customer's responsability to ensure that all contact information be kept updated at all times. Sun Hosting reserves the right to terminate any Customer's account if the Customer cannot be reached by phone, by email or by the postal system.

38. At all times, Customer is always responsible of all his backups, whether they be HTML, PHP, MySQL database, e-mail messages, Webmail, or any other backup of files on his website or on his applications at all times and cannot hold Sun Hosting responsible for any loss of data.

The following Terms of Use only apply to our Server Colocation Customers

39. All server colocation customers are fully responsible for their own servers since it is them that are the sole proprietors of those servers. Unless specified in a written statement, Sun Hosting will not be responsible for the care, upkeep, maintenance, service or security patches or any other maintenance work on customers' Web or Internet servers that are using Sun Hosting's colocation services, and this without any exceptions.

40. If Sun Hosting is required to do any kind of server maintenance for a colocation customer, our normal hourly rate of $140 will apply at all times, and this is in addition to a minimum one-hour transit 'service call' charge that will be billed to the actual number of hours worked.

41. By default, all colocation server customers are supposed to already posess all the necessary and basic knowledge it takes to administer and manage any server or any number of server clusters, be it Linux, Windows or any other server operating system, whether it be commercial or 'in-house' developed. The same goes for any networking equipment that might be involved, such as routers, firewalls, switches, network backbone equipment or any other similar hardware or software that isn't the responsibility of Sun Hosting.

42. If Sun Hosting has sufficient reasons to believe that a client's server has been hacked into or otherwise compromised and is causing problems to the network where the server is connected to, Sun Hosting will, at its descretion, unplug the server from its network until the server has been successfully repaired by the customer and all malicious software or rootkits have been removed.

43. Sun Hosting requires a minimum of 45 days advanced notice for any server colocation cancellation. Customers that fail to email Sun Hosting of their cancellation request in advance of their 45-day cancellation wish date are required to pay an extra month of their regular service fee whether or not their regular payment cycle has been processed or not. Sun Hosting requires that the advanced cancellation notice be sent by an email with the customer's own domain name and/or the email address that we have on file.

44. There's a limit of only one 110 volt power connection per server. If the Customer has a redundant power supply on his server that requires a second 110 volt connection, there will be an extra charge of $40 for that extra connection.

45. All colocation customers are fully responsible to supply at the time of the installation of their server or servers, all necessary mounting hardware, server rack (side) mounting rails, all 'Category 5 or Cat 6 cables', all 110 or 220 volt power cords and all necessary connecting wires or cables to and from Sun Hosting's racks to their servers. Failing that, Sun Hosting will invoice and charge the customer $12 for each Cat 5 cable needed, and a minimum of $8 each for a standard three-prong server power cable.

46. All colocation plans come with a fixed number of IP addresses. If more IPs are needed, they will be supplied at a cost of $5 per additional IP per month.

47. Colocation clients are allowed a specific Internet bandwidth consumption per month as stated on our website and depending on the colo package they have chosen. Extra bandwidth consumption is billable at the rate of 45 cents per extra gigabyte consumed.

48. All ports on our switches are capped at 100 MBPS. Colocation customers are only allowed to use the 'burstable' portion of that 100 MBPS, and based on the industry-standard '95th percentile'. Due to an issue with a server or if a server has been hacked into, if a colocation customer continually uses bandwidth that greatly surpasses his or her allowed bandwidth and in a way that causes issues to other customers, Sun Hosting reservers the right to temporarily disconnect that server from its network and to bill the customer for the extra bandwidth consumed during the month. Extra bandwidth consumption will be charged at $0.45 per extra gigabyte over the allowed bandwidth the Customer originally ordered. Additionally, if we had to send one of our network technicians to investigate and repair the source of the issue, a minimum of 2 (two) hours of labor will be charged to the customer at our regular hourly labor rate for the time lost on our end at detecting which colocation customer's server on our network was causing the issue. Only once the issue has been resolved correctly will Sun Hosting allow the customer's server to be reconnected to our network.

49. Clients that rent a full-size cabinet (48U) are responsible in supplying all their own equipment such as high-speed switches, firewalls, APC switches, power bars, Cat 5 or Cat 6 cables, 110 or 220 volt power cables, etc.

50. All collocation customers will make certain that they carry a sufficient amount of fire and damage insurance on all their equipment. Sun Hosting only carries the necessary fire and damage insurance only on the equipment that it directly owns and manage. All data centers that Sun Hosting manages feature full 24-7 security guards, complete with magnetic card readers, man traps, closed-circuit television cameras, etc.

51. When Sun Hosting assigns Customer an Internet Protocol (IP) address for the Customer's use, the right to use that Internet Protocol address shall belong only to Sun Hosting, and Customer shall have no right to use that Internet Protocol address except as permitted by Sun Hosting in its sole discretion in connection with the hosting services, during the term of this agreement. Sun Hosting shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Customer by Sun Hosting, and Sun Hosting reserves 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 the 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 the authorization to use those IP addresses that could be used with name-based hosting. Furthermore, if a Customer is found to be using an IP address or a range of IPs that were not assigned to the Customer, of if the Customer's equipment, firewall or server causes some IP address resolution conflicts, this will constitute a serious breach of Sun Hosting's Terms of Use and Sun Hosting will have the right to immediately cancel the Customer's account. All Sun Hosting dedicated server Customers and all colocation Customers agree to provide Sun with their full root passwords if Sun Hosting suspects that the Customer is using or has been using an IP address that wasn't assigned to the Customer. If Sun Hosting decides to reconfigure the Customer's equipment or server, or if Sun Hosting needs to remove some IPs that the Customer wasn't authorized to use, there will be a minimum $250 reconfiguration charge immediately payable by the Customer.

The following Terms of Use only apply to our Dedicated Server Customers

52. All Sun Hosting customers that order a Linux or Windows dedicated server get a recently-installed operating system that has been fully tested by our qualified technicians and that is in perfect working condition. Dedicated server customers are supposed to have the knowledge and to posess the experience in fully managing a Linux or Windows server. If they don't have that knowledge, they can hire a competent and certified server system admin of their choice, or select Sun Hosting's optional Sun Guard™ Fully Managed service. If, for any reason, the operating system needs to be reinstalled or if the hard drive (s) need to be reformatted, a standard $250 reinstallation charge will apply, at which time Sun Hosting will deliver the same version of the original operating system at the time the server was delivered to the customer. If that version isn't available anymore, Sun Hosting will use its discretion in installing a more recent version if it applies. The Customer is also responsible in reinstalling all his or her software and necessary programs in the same way he or she did when he or she first ordered the server.

53. All Sun Hosting dedicated server customers are responsible of making certain their data backups are performed either daily or weekly. Under no circumstances will Sun Hosting be liable for any data that could be lost either due to hardware or software failures, network outages, fire, theft, flooding, Acts of God or any other reason, unless the Customer has been using Sun Hosting's Sun Guard™ Fully Managed Hosting Services prior to the incident.

54. Sun Hosting requires a minimum of 45 days advanced notice for any dedicated server cancellation. Customers that fail to email their cancellation request are required to pay an extra month of their regular service fee whether or not their regular payment cycle has been processed or not. Sun Hosting requires that the advanced cancellation notice be sent by an email with the customer's own domain name. Emails sent using a Hotmail, Yahoo Mail, Gmail or any other email address that isn't in the Customer's domain name won't be accepted.

55. For all dedicated server customers, Sun Hosting's responsibility will be limited to a free hardware replacement of a defective part inside a server, or the replacement of the whole server in extremely rare cases.

56. The current hourly rate that Sun Hosting charges on dedicated server work and on colocated servers to install special applications, or to repair an issue that falls outside of our normal coverage or to configure a dedicated or colocated server to a client's specific needs is $140 an hour, with a one-hour minimum. In certain cases, if we need to send a Sun Hosting technician in the field an extra hour will be charged, and the client will be notified ahead of time. That hourly rate applies from Monday through Friday during regular business hours. Outside this window, time-and-a-half applies, and double-time applies on Statutory Holidays.

57. When Sun Hosting assigns Customer an Internet Protocol (IP) address for the Customer's use, the right to use that Internet Protocol address shall belong only to Sun Hosting, and Customer shall have no right to use that Internet Protocol address except as permitted by Sun Hosting in its sole discretion in connection with the hosting services, during the term of this agreement. Sun Hosting shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Customer by Sun Hosting, and Sun Hosting reserves 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 the 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 the authorization to use those IP addresses that could be used with name-based hosting. Furthermore, if a Customer is found to be using an IP address or a range of IPs that were not assigned to the Customer, of if the Customer's equipment, firewall or server causes some IP address resolution conflicts, this will constitute a serious breach of Sun Hosting's Terms of Use and Sun Hosting will have the right to immediately cancel the Customer's account. All Sun Hosting dedicated server Customers and all colocation Customers agree to provide Sun with their full root passwords if Sun Hosting suspects that the Customer is using or has been using an IP address that wasn't assigned to the Customer. If Sun Hosting decides to reconfigure the Customer's equipment or server, or if Sun Hosting needs to remove some IPs that the Customer wasn't authorized to use, there will be a minimum $250 reconfiguration charge immediately payable by the Customer.

58. The Customer can only use the IP or range of IPs that were assigned to him at the time of the installation of the server. Trying to use an IP outside of the range that was assigned to a customer constitutes a violation of our Terms of Use and the account will be terminated immediately and without any refund.

59. Under any circumstances are customers allowed to install scamware, spyware, malware, ransomware or any other kind of malicious software on their servers or on the personal computers in their offices or at home that access any server located and connected to our network. This also includes the laptops, notebooks or smartphones that access any part of Sun Hosting's network or its data centers where the server (s) is (are) located. This also applies to personal computers, notebooks, laptops and/or smartphones that may have been hacked into and infected without the customer's knowledge.

NOTE: To read our Terms of Use as they pertain to the use of this website, please click here.

The management of Sun Hosting.


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