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Terms Of Service

Revision date: June 15th, 2009

All services provided by ScriptGain Solutions ("ScriptGain Solutions") 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, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless ScriptGain Solutions from any claims resulting from the use of service which damages the subscriber or any other party.

Licensing
All of our products and services are under licensing terms. All licensing is based on a per domain basis, and to obtain additional licensing for additional domains, you must purchase additional licenses for each domain you intend to use our products on. Any products found to be unlicensed and, or, pirated, will result in proper authorities being notified of your actions.

Examples of unacceptable licensing terms:

our products are found on a server that do not have proper licenses
our products being listed within hacker programs or archives
our products being listed within warez sites

NOTICE: IF YOUR ACCOUNT WITH SCRIPTGAIN SOLUTIONS IS FOUND TO BE ASSOCIATED WITH ILLEGAL ACTIVITY AND VIOLATION OF OUR LICENSING TERMS YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $195.00 TERMINATION FEE WILL APPLY. ADDITIONALLY, SCRIPTGAIN SOLUTIONS WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Threats Or Demands
We kindly let you know how to download products and use our services. Any threats to report us to the FCC, BBB, False Claims to Paypal, and so forth, will result in immediate account termination with no further communication. If you are not able to download our products, then submit a ticket to us and we will attach it to the ticket. We are not willing to do business with people who threaten us.

Billing
By the Account Activation Date of each month, ScriptGain Solutions shall either:

(1) debit the customers credit card (when such information has been provided by the customer); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the service fees for services rendered for the current month, product license, or service.

When an invoice is delivered to the customer, payment shall be remitted to ScriptGain Solutions by no later than the specified payment due date. ScriptGain Solutions shall be entitled to immediately terminate this agreement for customers failure to make timely payments. You will be provided with an invoice on a license term basis that you agree to upon signing up and ordering a product or service. All credit cards are billed automatically on a product license basis. It is the customers responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees
Certain services carry a setup fee charged by ScriptGain Solutions to customers, which must be paid by customer in order to have use of said services. If customers terminates this agreement, customers shall be responsible for any and all outstanding fees owed to ScriptGain Solutions and agrees to pay any and all fees incurred by the customers. Because the services are provided on a one time payment option basis, the customer will be responsible for service fees incurred and must make sure they are able to pay ScriptGain Solutions, regardless of when they provide notice of termination. Thus, for example, if the customer provides notice of termination on the 15th day of a particular month, the customer will be responsible for service fees that have not been paid for a service that has been performed, and such fees will not be pro-rated or refunded.

Money back guarantee & refund policy
We do not offer refunds for services performed or products that are on your server and licensed. For example, if you purchased a website migration and it has been completed, we will not refund the payment. If you order a service from us and it had not been performed for any reason(limited access, lack of communication, no login information provided, etc...), we will refund the payment minus a one time $15 dollar billing administrative fee for processing the refund. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, or overage charges.

Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.

Refunds
We DO NOT refund fees to accounts, however, if you are wrongfully billed, we will refund payments once a billing administrator has verified the situation is valid for a refund to be processed.

Disputes
Our products are ready via an instant download. Any dispute that is brought to our attention will be subject to a $245 charge for administrative purposes. Upon signup, and payment, you agree not to dispute any charges with ScriptGain Solutions, or further legal action will be taken and your account will be deemed as fraud.

Account Fraud
Any account found to be fraud will be liable for legal action. We will terminate all fraud accounts upon review.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability
ScriptGain Solutions shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from ScriptGain Solutions products or services or us being unavailable for any reason whatsoever. Furthermore, ScriptGain Solutions shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of your servers, that has a product of ours or a service that we have performed. We always say it is safe to backup websites no matter how big or small they are.

Violations / Piracy
Violations or piracy of our products should be referred to abuse@scriptgainsolutions.com. All complaints will be investigated promptly. Account holders that are complained about will have grounds for immediate account deactivation and legal action.

Disclaimer
ScriptGain Solutions cannot be held liable for your system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a customer would have gained if their site was functioning. Certain services provided by ScriptGain Solutions are resold. Thus, certain equipment, routing, software and programming used by ScriptGain Solutions are not directly owned or written by ScriptGain Solutions. Moreover, ScriptGain Solutions holds no responsibility for the use of our customers accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as ScriptGain Solutions sees fit.

Account Activation
By activating your account with ScriptGain Solutions, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Service Guarantee
Although ScriptGain Solutions has an excellent record for reliability, we do not offer an uptime guarantee of 100%. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades. In any event that we have maintenance, we notify our customers. For this, we offer an uptime guarantee from our network of 99.9%

Hosting
Prohibited are sites that promote any illegal activity or present content that may be damaging to ScriptGain Solutions' servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

pirated software
hacker programs or archives
Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, SCRIPTGAIN SOLUTIONS WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $5.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers. If we find this on our servers, your account will be terminated and deleted, without notice.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of ScriptGain Solutions is strictly prohibited. As our customer, you are responsible for all of your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward ScriptGain Solutions, but also because it can overload ScriptGain Solutions' network and disrupt service to ScriptGain Solutions' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, ScriptGain Solutions will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore ScriptGain Solutions reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should ScriptGain Solutions choose to pursue and prosecute.

Audio/Video Uploading:
Audio/Video Uploading is not hosting friendly. As such, ScriptGain Solutions does not allow any form of audio or video content to be uploaded and directly streamed on our servers. We do however allow streaming videos and audio from YouTube, Myspace, and other 3rd party websites. Offending accounts will be suspended without noticed or terminated.

Adult-Oriented Content:
ScriptGain Solutions only allows adult content if it is 18+ and our customer, or you, are over the age of 18 years old. Any underage nudity that is reported will be removed immediately without warning and your account will be sent a message stating a warning. Any 2nd and 3rd offense, we will remove the content and terminate your account without question.

Large File Policy:
ScriptGain Solutions is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please submit a ticket to our support department.

Obscene Speech or Materials:
Using ScriptGain Solutions' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. ScriptGain Solutions is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:
Using ScriptGain Solutions' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language is prohibited.

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

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") is prohibited as well as any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

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, mail bombing or denial of service attacks is prohibited. 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 are prohibited.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software are prohibited.

Other Activities:
Engaging in activities, whether lawful or unlawful, that ScriptGain Solutions determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations are prohibited.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. ScriptGain Solutions will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with ScriptGain Solutions' policy or applicable law. However, when ScriptGain Solutions becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by ScriptGain Solutions.

Hosting Account Cancellations
All accounts must be canceled at least 5 days prior to your following billing cycle. Your account must not be overdue. The cancellation requests must be sent to our support ticket system with verification of the account holder.

Domain Name Registration
Domain name registrations are non refundable as this is a fee that we cannot recover from. Your domain is yours forever until it expires. If you are not wanting your domain after it has been purchased, simply contact us.

ScriptGain Solutions reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

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