Terms & Conditions of Service
Last update: Thursday, January 17, 2008

If after reading through our "Terms and Conditions of Service" you need clarification on any part of the terms, please feel free to email us a note, so we can clear up any questions you have.

By submitting the online order form, Customer hereby agrees to the following:

• Customer agrees to pay for hosting and/or server management/administration services rendered in advance.
• Non-Payment of services shall result in a 3-day notice of disconnection. All payment failures must be cured within 3 days of notice. Customers failing to secure payment within 2 days of notice will incur service interruption and $50 reconnection fee.
• Customer agrees to a no-refund policy in advance. Server management/administration Plans fees, setup fees and monthly service fees are non-refundable.
• Server rental charges will be incurred immediately at signup and are prorated by 3 days to allow for server provisioning and delivery.
• Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
• Service Cancellations must be submitted using the cancellation form at least 7 business days before your next monthly billing cycle.
• Technical Support is provided to our clients ONLY and not their associates. If you wish to have your associates submit technical support requests, or AIM us, there is a $79.95 charge per ticket. Payment must be received in advance, and then we will answer your associates questions and/or concerns, and work on technical issue(s) you might have with your dedicated server/VPS.
• Company is not responsible for data integrity on equipment reclaimed for non-payment.
• Minnesota residents agree to pay all taxes applicable to your account.
• Customer agrees to adhere to the Company Acceptable Use Policy.
• Customer agrees to adhere to the Company Data Center Rules and Procedures.
• Customer agrees not to engage in activity that violates federal (United States), state (Minnesota) or local (Minneapolis County) laws applicable to the service terms described herein.
• Company reserves the right to discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy, Data Center Rules and Procedures, and Terms of Services.
• Additionally, in consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:
  1. Indemnification. Customer agrees to indemnify and hold harmless Company and the employees and agents of Company (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
      
  2. Limitation on Company Liability. Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to Customer resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Company with respect to the then current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY'S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, MIS-DELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
      
  3. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.
      
  4. Miscellaneous. Failure by either Company or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
      
  5. Our clients are responsible for frequently backing up their files on their servers. ServerTune Inc. cannot be held responsible for the loss of users' files, whether intentional or unintentional.
      
  6. ServerTune Inc. does not warrant either the results to be obtained from the service or that the service will be uninterrupted or error free. ServerTune Inc. services are provided on an "as is" basis without warranties of any kind, either express or implied. Neither ServerTune Inc. nor anyone else involved in creating, producing, or delivering ServerTune Inc. services shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of ServerTune Inc. services. The provisions of this paragraph will survive termination of this agreement.

We are committed to delivering the highest quality technical service to every client. We are not to be held responsible or liable if a client fails to operate their CPanel and/or any software application due to lack of Internet literacy, or for their refusal to read our Terms of Service and Policy.

Use of ServerTune Inc. account indicates acceptance of the terms of this agreement by the server owner/lessee.

If you have any questions or concerns, please contact .