Introduction

2 serve U Hosting is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Agreement which provides certain rights and remedies regarding the performance of the 2serveU.net network. The 2serveU.net Service Agreement guarantees our network/equipment reliability and performance. This Service Agreement applies to customers of 2serveU.net UNIX web hosting and all of our resellers. Acceptable Content Rules and Illegal Activity Rules also apply to our Windows Servers and Ecommerce accounts.

Quick Links - Our Policies on:

• Free Hosting Trials
• $1 Hosting Trials
• Money Back Guarrantee
• Acceptable Content /violations
• Email / Spamming / Advertising
• Pre Payment Discounts / Returns
• Cancelling Your Account

Free 10 Day Hosting Trial

2 serve U Hosting wants your business, and will even let you try any of our Unix Hosting Plans FREE for 10 Days! If you would like to compare our service, features and reliability, we will happily set up a Free hosting account for you.

To qualify for a Free Hosting Trial, all you need is:
1) a Domain Name, and to be the legal Registrant (owner) of that Domain
2) to choose a Hosting Plan and properly fill out the Free Trial Sign Up form

If your information matches the legal Registrants Name, Address, Phone, and Email . . . we'll set up an account!

Note: 2 serve U Hosting does Not require a credit card number, or any promise of payment in any way. We provide this service to you in an act of "good-faith", to show you the quality of our servers, connection speed, and reliability. If you

To continue your Account with 2 serve U Hosting:
2 serve U asks that you please respond promptly when you receive our Invoice for Payment.

30 Day Hosting Trial for $1.00

2 serve U Hosting offers a lower price (20% Off) if you sign up for any of our $1.00 Hosting Trials. Your credit card will only be charged $1 for the 1st month, and receive 20% Off for each month thereafter. This eliminates our need to invoice you, so we can afford to pass on the savings.

To qualify for a $1 Hosting Trial, all you need is:
1) a Domain Name, and to be the legal Registrant (owner) of that Domain
2) to choose a Hosting Plan and have a valid credit card in your name

If everything matches (your domain ownership and name on credit card) we will set up your account. Note: We will CALL YOU to VERIFY before we set up your account. We will not set up your account if the Phone # Given is not working, or verifiable. If we feel that you may be using a stolen credit card, we will Report You to the proper Authorities!

60 Day Money Back Guarantee

100% Satisfaction Guaranteed
2 serve U Hosting is committed to providing fast, reliable service at discount prices with a 100% Satisfaction rate. We want you to be happy, and will attempt to resolve any issue (should one arise) in the way that is most agreeable to you. This includes honoring any reasonable request for compensation if we fail in any way. If after making payment for your hosting you are dissatisfied with our service and would like to cancel your account, 2serveU.net will promptly give you a Full Refund. This satisfaction trial period extends for a Full 60 Days from the Day your account is set up. This is one of the strongest guarantees in the industry, and is applicable to all our Unix Hosting Plans.

Note: our Windows2000 Hosting Accounts are Guaranteed for 30 Days from date of purchase.

Content

All services provided by 2serveU.net may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless 2serveU.net from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any 2serveU.net server. This includes sites that may infur sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to 2serveU.net servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of non-acceptable content or links:

Pirated software
"Illegal MP3's"
Hackers programs or archives
Warez Sites
Child Pornography
Money Scams, phony banks, trusts, ebay or PayPal sites, etc.
2serveU.net will be the sole arbiter as to what constitutes a violation of this provision.

Pre Payment Discount / Funds Usage

To keep our prices low, 2serveU.net offers substantial discounts for hosting, if you pay for a term of service in advance. These terms are discounted incremenatally for "Pre Paying" your account for 3 months, 6 months, or 12 months at a time. We offer you to choose a term / price, which will then be periodically billed at your preferred billing term. For links to our Hosting Plan's pricing & discount rates click here

But what if you decide to upgrade your plan, change your preferred billing term, or cancel your account?

• All advance payments also apply toward any future upgrades, keeping your savings intact
• you may switch your preferred billing term by Contacting Us or calling us at 1-800-428-6572
• All Pre Payment funds will be refunded for any months not used, whenever you decide to cancel

How funds are calculated
Usage is billed in terms, either monthly, quarterly, bi-annual, or yearly. If a change is made to your account, we round it up to the closest Completed Term. Here are some examples

1. Let's say you Pre Paid for 6 months of Bronze hosting, and wanted to cancel your account after 4 months. We would charge you for the 3 month rate, plus 1 monthly rate, and then refund you the difference.
2. If you Pre Paid for 12 months of Starter hosting, and wanted to upgrade to a Bronze plan at our low yearly rate, we would refund you $4.95 (yearly rate) for each month remaining, then bill you the yearly rate for the Bronze Plan.
3. Let's say you try us out at a quarterly rate, and then decide to change your preferred billing to a 6 month rate, call or email us before your 3 month term is completed and we would switch your upcoming billing to a 6 month rate.

Cancelling Your Account

You can easily cancel your account at any time, for any reason, should you ever want to. Unlike many other hosting companies, 2 serve U Hosting does not require any contracts or long-term commitment on your part. We will be sorry to see you leave us, and hope you return again someday.

How to Cancel your account
You can cancel your account at any time by

• calling us at 1-800-428-6572
• or email us at cancel@2serveU.net
• or fill out a support request at our Support Page

Please notify us at least 1 week before your periodic billing date, to avoid being charged for the upcoming month. We will not reimburse your monthly billing amount if you forget to cancel.

Reimbursement of Funds
When you cancel you will Not be charged for the upcoming month or term of billing if you notify us at least 5 Days BEFORE your Periodic Billing Date (the date your credit card is charged). You will receive an email confirming your cancellation. If you do not receive the email confirmation CALL US IMMEDIATELY at 800-428-6572 - or fill out a Support Ticket.

So it is best to cancel 1-2 weeks before your periodic billing date . If there are any Pre Payment Monies that are left in your account, they will be charged for the time of service (term of usage) we provided, and the remainder will be promptly refunded.

Note: we do not Pro-Rate your remaining days in month. If a change is made to your account, we round it up to the closest Completed Term. Here are some examples

Uptime Guarantee

Exceptions

Customer shall not receive any credits under this agreement in connection with any failure or deficiency of the 2serveU.net network caused by or associated with:

Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Agreement
Telco Failure (ie...Verizon™ cutting a fiber line somewhere)

Backbone peering point issues (ie...UUnet™ having a router go down in Virginia that wipes out Internet service for the entire East Coast)

Scheduled maintenance for hardware/software upgrades.

Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). 2serveU.net utilizes only name brand hardware of the highest quality and performance.

Software bugs/flaws (Expolits and bugs may develop that cause security issues or downtime)

DNS issues not within the direct control of 2serveU.net.

Network floods, hacks, attacks from outside parties or individuals.

Failure or error of any 2serveU.net monitoring or measurement system.

Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of 2serveU.net service(s) in breach of 2serveU.net Policy and Service Guidelines, by Client or others authorized by Client.

Connectivity

2 serve U Hosting's goal is to make the 2serveU.net network available to Client free of outages for 99.5% of the time. An "outage” is defined as an instance in which Client is unable to transmit and receive IP packets due to a 2serveU.net service failure for more than 15 consecutive minutes, excluding service failures relating to 2serveU.net scheduled maintenance and upgrades. The 2serveU.net network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. 2serveU.net's goal is to keep Average Round-Trip Latency on the 2serveU.net network to 85 milliseconds or less. 2serveU.net defines “Average Round-trip Latency”, with respect to a given month, as the average time required for round-trip packet transfers between the 2serveU.net network and major US backbone peering points during such month, as measured by 2serveU.net. 2serveU.net's goal is to keep Average Packet Loss on the 2serveU.net network to 1% or less. 2serveU.net defines “Average Packet Loss”, with respect to a given month, as the average percentage of IP packets transmitted on the 2serveU.net network during such month that are not successfully delivered, as measured by 2serveU.net.

Measurement

2 serve U Hosting will periodically (on average every 10 minutes) monitor 2serveU.net network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that that such measurements may not measure the exact path traversed by Client’s Internet connection, and that such measurements constitute measurements across the 2serveU.net network but not other networks to which Client may connect. 2serveU.net reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by 2serveU.net and made available to Client.

Hardware Failure

2serveU.net stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. 2serveU.net utilizes only name brand hardware of the highest quality and performance. 2serveU.net will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this guarantee, and may require on-site Cisco™ engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current 2serveU.net contracts with Cisco™ and backbone providers in regard to the emergency repair service in case of such an issue.

Credits

Each request in connection with network/server outages/downtime must be received by 2serveU.net within five days of the occurrence. Each request in connection with Average Round-trip Latency or Average Packet Loss in a calendar month must be received by 2serveU.net within five days after the end of such month. The total amount credited to a Client for 2serveU.net not meeting service levels will not exceed the service fees paid by Client 2serveU.net for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after 2serveU.net receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by 2serveU.net. Upon Client’s request (in accordance with the procedure set forth below), 2serveU.net will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to 2serveU.net and confirmed by 2serveU.net measurement reporting. Such credit will be equal to one day’s worth (1/30th) of the monthly fees paid by Client, (for all service fees paid if network outage, or specific affected service fees paid if individual server downtime) multiplied by each hour (or portion thereof rounded to nearest next hour) of the cumulative duration of such outage/downtime. If Average Round-trip Latency on the 2serveU.net network for a calendar month exceeds 85 milliseconds, then upon Client's request, 2serveU.net will issue a credit to Client equal to one day's worth (1/30th) of the monthly service fees paid by Client for such month. If Average Packet Loss exceeds 1% during a calendar month, then upon Client’s request, 2serveU.net will issue a credit to Client equal to one day's worth (1/30th) of the monthly service fees paid by Client for such month.

General

2 serve U Hosting reserves the right to change or modify this agreement to benefit the Client, and will post changes to location currently housing this agreement at time of modification, which will be made available to Client. Except as set forth in this agreement, 2serveU.net makes no claims regarding the availability or performance of the 2serveU.net network or servers. Specific terms/points of this agreement may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by client. In case of difference terms/points in and Service Agreement, the Service Agreement terms/points prevail over this general policy. The Service Agreement signed/agreed by client, is above and beyond this agreement, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.

Terms of Service

2 serve U Hosting provides services to clients all around the world. 2serveU.net has the responsibility to protect each client and provide them with the best services available. The guidelines listed in the following section (Content) were designed to insure these services.

Unlimited Traffic/Hits & Server Resource Usage

2serveU.net is pleased to offer our clients unlimited traffic/hits, and server usage. Unlimited Traffic/Hits refers to the number of visitors to your web site, NOT the amount of bandwidth/data transfer. Your account is still limited to the allotted bandwidth/data transfer included with your selected package. To maintain the integrity of our service the following traffic/usage limitations apply:

1. Sites with banners, graphics or cgi's running from their domain being used on other domains.
2. Sites with immense graphic archives or galleries.
3. Sites offering immense download archives, such as .zip, .tar, .ra and .GZ.
4. Sites running large chat room gatherings.
5. Sites using more than 20% of system resources

If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or, 2serveU.net may move your site to a different server, to reduce the load on the server you are currently residing... 2serveU.net will be the sole arbiter as to what constitutes a violation of usage limitations. Bandwidth/data transfer will go unmonitored until you reach your account limit, then normal over-usage data transfer costs will apply. At any time 2serveU.net may move your site to a different server, to reduce the load on the server you are currently residing.

Chat Rooms

2 serve U Hosting does allow clients to install their own chat rooms. However, these tend to be large system hogs and may fall into the usage limitations clause. We do provide a html based cgi chatroom that runs without hindering the performance of the machine for others. You are free to run your own chat script, as long as it does not hinder server performance.

Background Processes/Programs

2 serve U Hosting may allow programs to run continually in the background, these are considered on a one to one basis and a extra charge may be incurred based on system resources used and operational maintenance needed.

Cron Jobs

2 serve U Hosting does allow Cron Jobs to be conducted on our servers.

IRC

2 serve U Hosting currently does not allow IRC or IRC bots to be operated on our regular servers.

Idle Timeouts

2 serve U Hosting may disconnect any idle connection to the network.

Average timeouts are:
FTP - 300 seconds
SSH/Telnet - 2 hours

Email / Spamming / Commercial Advertising

Spamming, or the sending of unsolicited email, from a 2serveU.net server or using an email address that is maintained on a 2serveU.net machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them.

2serveU.net will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptable, as long as Opt-Out/Removal request are fully honored. Please make an effort to limit outgoing mail on your account to no more than 1000 pieces per hour. Large mailings are preferred to be sent from the hours of 12AM - 8AM EST

Note: If you are found to be Spamming we will Suspend Your Account Immediately! Reactivation is subject to an explanation of the nature of your abuse, and will determine whether we should waive penalty. Your 1st offense will be $50.00 and good faith to not abuse again. 2nd offense will be $100 - $500 fine depending on the nature of abuse. 3rd offense will be account termination and reported to Federal Government and subject to their penalties.

Server Abuse

Any attempts to undermine or cause harm to a 2serveU.net server or customer of 2serveU.net is strictly prohibited. 2serveU.net will pursue legal action to the fullest extent for all abuse of the 2serveU.net Network.

Suspension/Deactivation

If any terms or conditions are failed to be followed it will result in grounds for account suspension or deactivation. 2serveU.net reserves the right to remove any account without prior notice. If 2serveU.net deactivates your account(s) for violating policy, your will forfeit your rights to a 60 Money Back Guarantee. Any advance payments may be held to cover liabilities for your actions, and will be determined on a case by case basis. Normal policy for abuse is a warning first, and account deactivation the second offense. Serious offenses may cause immediate deactivation.