Terms of Service

Modifications

SurpassHosting, Inc. reserves the right to add, delete or modify any provision of this policy at any time without notice. You agree to be bound by any changed SurpassHosting may reasonably make to this agreement when such changes are made. If you have purchased services or software from SurpassHosting, the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide.

You agree that you will be responsible for notifying SurpassHosting should you require to terminate your use of Surpass's services. Notification of your intent to terminate must be provided no earlier than 5 days prior to your billing date.

Privacy

Surpass Hosting.com, LLC will not sell, distribute, reveal, or otherwise make available any customer information. We contribute a great amount of time and help to anti-spam organizations. Should we need to contact you directly regarding your specific account or service we will do so via email only. If you are a member of Surmunity.com, our forum, you may receive mailings from us, as required to receive server announcements. You are free to request to not receive forum notifications/emails at any time from within your user panel at our forum.

Satisfaction Guaranteed

90 Day Guarantee Statement for Shared and Reseller Accounts ONLY: If for any reason you are unhappy with the services you receive from Surpass during the first 90 days of service, you may request in writing via email or by our cancellation form (as mentioned below) that your services be discontinued at which time you will receive a full refund. You must also state a detailed reason as to why you are canceling (as we request for any cancellation, no matter the time frame). We are the sole arbiter as to if your reason is a valid reason and if all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel.

New Accounts

All new web hosting accounts purchased on our order page are set up within 24 hours by our account administrators. You will receive two (2) emails including login details after your purchase. Due to unforeseen complications with various mail servers and any connection problems between your ISP and Surpass Hosting, this process may sometimes be delayed. When signing up for our service, if you save what you choose for your client area username and password, then you can resend the emails to yourself if for any reason they do not arrive: my.surpasshosting.com

Domain Names and Domain Transfers

In order for your domain name to point to the Surpass server your new account is located on, you must change your DNS (Domain Name Servers) at your registrar. That process is not known as a domain transfer. A domain transfer is if you want to physically transfer your domain to SurpassDomains and away from your original registrar. You must create an account at surpassdomains.com and initiate a transfer. A domain transfer is $15.99 and that goes toward one year of registration with Surpass Domains, added on to your current registration period with the previous registrar.

Domain Transfer Requirements

1. Domain must not be expired with the current registrar
2. Domain must not be locked
3. Administrative contact email address on the domains WHOIS record is active and checked by domain owner
4. Domain is more than 60 days old from date of initial registration
5. Must have the correct EPP key (obtained by the current registrar)

Surpass Hosting will take necessary steps to register new domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. Surpass Hosting does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk.

Hosting Package Modifications

We are always evolving to stay competitive in our market so, in the future, if modifications are made to your respective plan's specifications and/or price, the change will not automatically take effect on your plan. It is the sole responsibility of the client to request any updates or modifications to a plan.

Registrant Rights and Responsibilities

By registering your domain with SurpassHosting.com, LLC. you agree to the Registrant Rights & Responsibilities as outlined by ICANN here.

Payments

All payments will be charged to an approved credit card (Visa, Mastercard, American Express) or debit card. We also accept Paypal payments (but can not charge Paypal accounts automatically) and check payments (if annual renewal is being paid). All hosting packages will be due for renew on the 1st of each month. All hosting plans renew automatically and payments will incur unless you submit proper cancellation of your account.

Late Payments If at any time, your hosting services become past due, you will receive a notification via email (to the most recently updated email address on file) with instructions on rectifying the situation. Please note that SurpassHosting.com holds the right to deny all services to clients with past due balances. This may or may not affect clients with multiple accounts, as a past due balance, regardless of which individual package it applied to, will cause interruption in all services provided by SurpassHosting.com.

Dedicated and Colocation Servers All dedicated server and colocation server invoices will be generated by the 25th day of each month. All server invoices are due on the first of the month unless otherwise specified on your invoice. Invoices are considered as late after the 4th day of the month. After this date, past due clients will be subject to suspension and a $20.00 late fee will be applied. Suspensions will run between the 5th through the 7th day of each month. We avoid running suspensions over the weekend in order to avoid inconveniencing our clients with prolonged downtime.

Shared, Reseller accounts 10 days past due will incur a late fee calculate at 30% of the balance due to reactive services. VPS accounts 5 days past due will be assessed a $10.00 late fee to re-active service. In the event that your scheduled charge is denied and we are unable to contact you, then the aforementioned fees to enable your account shall apply. Monthly installments will incur for the entire duration services are rendered and you remain subscribed to until you submit proper cancellation of the account. Any debt not paid within 45 days will be forwarded to a collections agency and the account holder will incur a $50.00 USD collection fee added to the outstanding balance. Please address any questions regarding payment to our billing department via our HelpDesk (http://desk.surpasshosting.com)

In the event that a client issues a chargeback or reversal of charges without first following the above cancellation policy, the customer will be responsible for a $50.00 billing service fee.

Cancellations

Shared/Reseller/Dedicated/VPS Accounts - If you wish to cancel your services, you must file your request via our cancellation form 5 business days prior to your renewal date. If your notice of cancellation is not received within this time frame, we can not guarantee that you will not be charged for the proceeding month/year. You will then be liable for payment of the proceeding month/year and hereby agree to complete payment as invoiced accordingly.

The form is located here:
Surpass Hosting Cancellation Form

Early termination of 12-month, 24-month, or 36-month contracts
(For clients who signed up on or after October 15, 2008)
In the event that a client who signed up for contracted services (1, 2, or 3 year increment) and terminates services before the contracted period has ended, the client will receive a pro-rated refund (Calculated at the monthly rate for your package) for any remaining time on their contract. Pro-rated refunds may include deductions for domain fees and the service charges listed below:

Power: $10.00
Deluxe: $15.00
Pro: $20.00
Business Class: $25.00
Bronze: $30.00
Silver: $35.00
Gold: $45.00
Platinum: $75.00

If you cancel your account and your payments still continue for any reasons such as 1) by fault of Surpass Hosting staff 2) by fault of the credit card processor 3) by fault of any other payment collection company we are not responsible for any overdraft fees that are issued by your financial institution.

Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth exceedment warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed.

If, for any reason, SurpassHosting.com fails to deliver said services, a prorated credit can be issued upon request. No credits will be issued if abuse of our stated policies forces Surpass Hosting.com to suspend or terminate your services prematurely. In the event you request account cancellation, once your service has been cancelled your account will be suspended from use. It will then be deleted within 30 days.

Cancellations of accounts pre-paid for on a monthly basis will not receive a credit/refund for the remainder of the billing period, therefore we encourage to only submit cancellation when the account will no longer be used. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated credit, not a refund, based on the monthly rate of the same hosting plan, where any applicable credits will be issued to the client account and can be used to purchase other services/products by client at anytime. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.

Overage Charges

Refunds/Account Termination

Content

Surpass Hosting.com, LLC believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to color, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove the content within a certain timeframe or will face account suspension and/or termination.

We prefer that you self-govern your content and remain responsible and all-knowing of your website publicly provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individually, which have growing and evolving content, is impossible. However, if Surpass Hosting.com, LLC is made aware of any questionable content on a Surpass Hosting-hosted site, we will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a Surpass server that copyrights their own material or that they wish to be removed, we require a proper DMCA notice to begin investigation.

Liabilities

Surpass Hosting.com, LLC, makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall Surpass Hosting.com, LLC be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by emailing our abuse department at abuse(@surpasshosting.com).

Transfers

SurpassHosting.com, LLC provides free cPanel account transfers for all new accounts (less than 30 days from sign-up date). Transfer requests submitted after this 30-day period are subject to transfer fees based on source account size. Please contact a member of our sales team for more information.

All transfers from remote networks (servers hosted outside of the DimeNOC data centers) are not guaranteed. There are many factors that can affect remote transfers that may be out of our control (poor network connections, firewalls, missing/incorrect account credentials, corrupted source account data, etc.). We can only promise that we will make our best effort to transfer your data to our servers. If we are unable to complete the transfer, we will let you know so that you can handle the transfer yourself. We also cannot be held responsible for the integrity of your transferred data.

Source Server Requirements:

Active cPanel license
Recent stable version of cPanel
Perl 5.8.8
MySQL4 or later (Note: All servers/accounts come with MySQL5. Please ensure database compatibility before submitting request.)

Affiliate Program

1. SurpassHosting.com, LLC may terminate the Program or Publisher's participation in the Program for any reason upon five (5) day's notice to Publisher.

2. Publisher agrees not to participate in the Program through any Website or e-mail service which is misleading, libelous, defamatory, obscene, abusive, violent, bigoted, hate-oriented, illegal, or offers any illegal good or service, links to any Web site that does so, offers or promotes any illegal activity or the disparagement of any individual group on the basis of age, color, national origin, race, religion, gender, sexual orientation or physical or mental handicap, which engages in sending unsolicited commercial e-mail.

3. Publisher is authorized to use SurpassHosting.com, LLC logos, trade names, trademarks, and service marks, solely for the purpose of promoting SurpassHosting.com, LLC products through the Program. Publishers may not alter, modify or change the foregoing in any way.

4. Immediately upon termination of the Program or Publisher's participation in the Program, Publisher will stop displaying all advertising content or links relating to the Program.

5. Nothing contained herein shall imply any partnership, joint venture or agency relationship among the parties, and no party shall have the power to obligate or bind another party in any manner whatsoever, except to the extent herein provided.

6. These Terms and Conditions shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

7. SurpassHosting.com, LLC may modify any of these terms and conditions at any time with proper notice to Publisher. Continued participation in the Program will constitute acceptance of the modification by Publisher.

(a) Not Allowed in Program

1. Mask URL using any Brand Names.

2. Make any representations, express or implied, or create an appearance that a visitor to your site is visiting a SurpassHosting.com, LLC site; e.g., "framing" site.

3. Use any mark, name or domain name of any type, which is confusingly similar to Trademark or other Brand Name.

4. Engage in fraud or other conduct calculated to generate the payment to Publisher of commissions that do not reflect compensable Referrals/Leads/Booked Accounts within the spirit of the Program.

5. Engage in SPAM or unsolicited commercial advertising emails.

6. Must not offer an Incentive or Reward for purchasing a product through referral link. Incentives programs are not allowed and will be reversed.

(b) Protected Keywords

The following keywords are prohibited from Search Campaigns and PPC marketing and campaigns: surpasshosting, surpasshosting.com, SurpassHosting.com, LLC, www.surpasshosting, www.surpasshosting.com, host-dime, or any variation of our Trademark.

(c) Prohibited SEM Ad Copy Content

Official, official site or any variation of official site that creates confusion to the consumer or a misrepresentation of who the actual web host is.

(d) Prohibited SEM Display URL Content

Publishers are not allowed to use SurpassHosting.com as the display url for any PPC advertising.

(e) Direct Linking

Publishers are not allowed to link directly to our Web site from search marketing campaigns.

(f) Prohibited Website Content

Affiliates are NOT permitted to use cookie stuffing techniques that set the tracking cookie without a user clicking on the affiliate link. (This includes but not limited to the use of iframes) Affiliates may NOT copy our website or portions of our website and display it on their own site or subdomain.

Question about our policies?

Please do not hesitate to ask any questions you have about our terms of service. Feel free to post your question at the Surpass Forums. Our staff or helpful forum members will explain! We also welcome your insight and suggestions.