This Service Agreement constitutes a binding contractual agreement between End Point Corporation, a Delaware S Corporation, hereinafter ("End Point"), and the subscriber of services ("Customer"). The Service Agreement includes the following Acceptable Use Policy (AUP) and the Terms of Service (TOS). Customer agrees to be bound to all terms and policies found herein.
Note: End Point reserves the right to supplement and/or amend, at any time, the terms and conditions of its Service Agreement, including the AUP and TOS. It is the Customer’s responsibility to review End Point policies on the SpreeCamps website on a frequent basis to ensure compliance. Changes requested by Customer to any of these agreements or to the Service Agreement must be agreed to in writing by End Point.
Acceptable Use Policy (AUP)
The following list represents per se direct violations of this AUP. End Point reserves the right to suspend or terminate service in the event that this AUP is violated by a customer using End Point’s SpreeCamps hosting service.
Unsolicited Email: The sending or receiving of mass unsolicited email (SPAM) is a direct violation of End Point’s AUP. This includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services.
Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services is a direct violation of End Point’s AUP.
Proxy Email (SPAM): The use of dedicated services to proxy email unsolicited users is a direct violation of End Point’s AUP. Proxy email is defined as the use of dedicated services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties.
Illegal Use: Any use of dedicated services in a manner which is defined or deemed to be statutorily illegal is a direct violation of End Point’s AUP. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, "ponzi schemes", invasion of privacy, credit card fraud, racketeering, defamation, slander, and other common illegal activities.
Pornography: The hosting of pornography or related sites is a direct violation of End Point’s AUP.
Threats & Harassment: Threats to or harassment of individuals, organizations or businesses, unless it falls within the bounds of protected free speech under the First Amendment, is a direct violation of End Point’s AUP.
Fraudulent Activities: End Point prohibits utilizing dedicated services or network services for fraudulent activities. Participation in fraudulent activities is in direct violation of state and federal law and of End Point’s AUP.
Denial of Service: End Point prohibits the use of dedicated services or network services for the origination or control of denial of service attacks or distributed denial of service attacks. Any participation in DOS or DDOS type activity is a direct violation of End Point’s AUP.
Terrorist Websites: The use of dedicated services for the hosting of terrorist-related web sites is a direct violation of End Point’s AUP. This includes sites advocating human violence and hate crimes based upon religion, ethnicity, or country of origin.
Distribution of Malware: The storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity is a direct violation of End Point’s AUP. This provision does not preclude the use of programs in the ordinary course of legal business.
Phishing: Any activity associated with Phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense is a direct violation of End Point’s AUP.
HYIP or Ponzi Schemes: Any activity associated with High Yield Investment Plans or Ponzi schemes with the intent to defraud end users are illegal and are a direct violation of End Point’s AUP. This includes hosting, linking and or advertising via email websites or schemes designed to defraud.
Copyright Infringement: Direct copyright infringement as defined and noted under Title 17, Section 512 of the United States Code is a direct violation of End Point’s AUP.
Terms of Service
Customer agrees to the following terms of service:
Term: Customer agrees to a month to month contract term for services unless otherwise agreed to in writing. The month to month contract for services is automatically renewed each month in perpetuity subject to written cancellation by the Customer.
Monthly Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date (“Anniversary Billing Date”) for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle.
Upgrade Fees: Upgrades ordered on the Anniversary Billing Date will be billed for a full month service and will continue each month on the Anniversary Billing Date. Upgrades ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.
Additional Service Fees: Additional services ordered on the Anniversary Billing Date will be billed for the full month service and will continue each month on the Anniversary Billing Date. Additional services ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.
One Time Fees: One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.
Service Credits: Service credits will be issued to your Customer account and shall be used to offset future billable services. Service credits shall not be issued as cash back to the Customer nor are service credits transferable to other account holders.
Cancellation: End Point requires cancellation notice via the Manage Account page on the SpreeCamps website (http://www.spreecamps.com/users/current) a minimum of 72 hours prior to 00:00:01 U.S. Eastern Time on the Anniversary Billing Date for cancellation of month to month services. Failure to supply the requisite 72 hours notice of cancellation will result in a full billable monthly cycle prior to cancellation. Alternatively, customers may contact End Point via email at email@example.com and request cancellation of service. End Point will endeavor to honor cancellation requests via this method; however, due to the unreliable nature of email this cancellation method is not preferred and End Point does not guarantee that requests made via email will be acted on.
Refunds & Disputes: All services rendered by End Point are non-refundable. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open a support ticket. Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency.
Non-Payment: All payments are due in full on the Anniversary Billing Date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS. Failure to remit payment for five (5) consecutive days, including the Anniversary Billing Date, may result in a termination of public access to Customer services. A late fee of $50 will be incurred for failure to remit payment for services on or before the monthly Anniversary Billing Date. A $50 reconnect fee will be incurred for failure to remit payment for services after public access has been disconnected. Customer data is not guaranteed to be retained for longer than thirty (30) days past non-payment, unless otherwise required by law.
Data: End Point agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership.
Laws: Customer agrees to abide by all local, state, and federal laws pursuant to services delivered in New York, NY, United States of America. Proper venue for legal remedies shall be New York County, New York. All contract terms found herein shall be governed by New York State Law or the Uniform Commercial Code, whichever may be applicable.
Indemnification: Customer agrees to indemnify and hold harmless End Point, End Point’s affiliates, and each of its respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys’ fees) brought by a third party under any theory of legal liability arising out of or related to Customer’s content and/or alleged infringement or misappropriation of a third party’s copyright, trade secret, patent, trademark, or other proprietary right.
Limitation of Liability: End Point shall not be liable to Customer for harm caused by or related to Customer’s services or inability to utilize the services unless caused by gross negligence or willful misconduct. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known. NOTWITHSTANDING ANYTHING ELSE IN THIS SERVICE AGREEMENT, IN NO EVENT SHALL END POINT CORPORATION BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE LIABILITY OF END POINT CORPORATION UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS PAID TO END POINT CORPORATION FOR HOSTING SERVICES ONLY FOR THE THREE MONTHS PRIOR TO THE OCCURRENCE OF ANY EVENT(S) GIVING RISE TO A CLAIM.
Arbitration: Any controversy or claim arising from service or related to this Service Agreement or breach therein in excess of $500.00 shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction.
Electronic Signature: Acceptance by Customer of the Service Agreement incorporating the Terms of Service, Acceptable Use Policy, Service Level Agreement and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.