terms of service
The following Terms of Service (hereinafter referred to as the "Agreement") is made between cafeOui.net, dba ServerCafe.net (hereinafter referred to as "cafeOui.net") and ___________________________________________ (hereinafter referred to as "Customer") and shall be effective as of the date Customer's account is established on any cafeOui.net server. As used in this Agreement, "you" or "your" refers to you, the Customer and "we", "our" or "us", cafeOui.net. Both cafeOui.net and Customer are referred to collectively as the "Parties". By signing this Agreement, or through your continued use of cafeOui.net's products and/or services, you acknowledge that you have read, understand, and agree to these terms.
I. Services
Utilizing its high-end equipment and software, cafeOui.net's services include, but are not limited to, designing,
hosting, and maintaining websites; providing resellers accounts; registering domains; and dedicated servers.
Our extended services include, but are not limited to, offering firewall protection and maintenance, load balancing,
and backup services.
II. Payments
Customer is expected to make payment, in advance, in consideration of the services provided and to also make payment
for any applicable taxes. cafeOui.net only accepts the following methods of payment: (1) money order payment,
(2) pre-printed personal check, and (3) pre-printed business check payment. Customer is expected to pay on or before
the first day of the period for which the invoice applies. If payment is not successfully received by the 15th
day after the beginning of the your service period, as specified on the invoice, your account will be in default and
cafeOui.net reserves the right to suspend the account until payment is received. If the reason payment is not
successfully received is due to any of the following: (a) declined credit card charge, (b) reversed credit card charge,
(c) returned or refused money order, cashiers check, personal check, business check, bank draft, or any other negotiable
instrument submitted for the purpose of payment, cafeOui.net will suspend or terminate the account at its discretion.
Furthermore, cafeOui.net also reserves the right to charge additional fees, no less than $25 and no more than $100,
to re-activate customer’s suspended account. Subsequent late payments may result in the termination of
service without prior warning. cafeOui.net also reserves the right to charge a late payment fee of two percent per
month with a minimum late fee of $5.00 whichever is more. Customer also agrees to make any additional payment
should any fees be accrued as a result of the late payment; additional payments include, but are not limited to, attorney
fees, collection agency fees, etc.
III. Acceptable Use Policy
To ensure the highest level of service, customer is strongly advised to
review our written Acceptable Use Policy (AUP) carefully and to adhere
to it at all times.
IV. Service Level Agreement
For its benefit, customer is also advised to review our written Service
Level Agreement (SLA). cafeOui.net will strive to maintain the highest
level of service quality to ensure the benefit of our customers.
V. Refund and Termination
In the rare event that cafeOui.net fails to meet its SLA, cafeOui.net agrees to refund customer's monthly payment
as described in the SLA. In such case, customer also has the right to terminate its hosting service with us without
any prior notification. Customer may receive a refund up to 100% of the hosting fees for the given month.
However, customer is not entitled to any refund should customer violate our AUP either intentionally or unintentionally.
Should customer do a chargeback to us where it is clear that customer is at fault for breaking our AUP, cafeOui.net
will have the right to reverse the chargeback and charge an additional $250 for this purpose.
Furthermore, customer also understands and agrees that the following are not refundable: (1) any applicable setup fees incurred, (2) domain name(s) already registered, even if Customer has mistakenly misspelled the domain name(s), and (3) unused portion of a paid service period when service is terminated by customer without cause.
For breaking our AUP, cafeOui.net has the right to suspend and even terminate customer's account without any prior notification; customer may reinstate the service with the penalty/reinstatement fees as described in our AUP. No refund will be given to customer in this case.
Without breaking the AUP, cafeOui.net reserves the right to discontinue its service to customer with at least a 14-day prior written notification. In such rare case, cafeOui.net agrees to refund the prorated unused portion of the currently paid billing period based on the following formula: “Period Paid Amount” / “Total Days In Paid Period” * “Number Of Unused Days In Paid Period”.
v.1 Shared Hosting/Reseller Customers
Unless for breaking our AUP, shared hosting customers have the right to discontinue our hosting service anytime.
Upon receiving customer's request/intention to discontinue our hosting service, we will terminate the account without
any responsibility to provide an archive, of customer’s data, in any form for customer's future use. cafeOui.net
will not refund any un-used portion of customer’s hosting fees because of this termination.
v.2 Dedicated Server and Collocation Customers
Unless for breaking our AUP, dedicated server and collocation customers are required to write a written cancellation
notice 30 days prior to the date the service cancellation is intended. On the mentioned cancellation date, cafeOui.net
will discontinue service to customers with or without any prior notification to customers.
VI. IP Assignments
Customer agrees and understands that all IP(s) assigned is (are) on a lease term basis and must be relinqushed to
cafeOui.net at the end of each service contract. Furthermore, customer agrees to only use IPs as needed and
will be able to provide a technical justification for any IP in use. cafeOui.net reserves the right to audit customer’s
IP(s) usage at any time and may require customer’s justification for any assigned IP(s). cafeOui.net will
give customer 14 days to resolve any IP(s) assignment dispute. If cafeOui.net does not receive any resolution
to this dispute after the 14 days have elapsed, cafeOui.net reserves the right to pull any IP from customer’s
IPs Pool. Customer agrees to hold cafeOui.net harmless and without responsibility for any downtime to customer’s
website/service resulting from this unresolved dispute.
VII. Addendum to Reseller Customers
cafeOui.net offers the ability for qualified organizations, hereinafter referred to as “Resellers”, to
be our Technology Partner by reselling our services and resources. cafeOui.net provides bulk shared hosting
reseller accounts. Resellers can create their own hosting plans through our bulk shared hosting reseller accounts
and offer hosting at discounted rates to their clients. cafeOui.net is the sole arbiter in determining what
is and is not a qualified organization. Qualified organizations include web hosting companies, web design companies,
freelance designers, and any other person or entity of this nature. If cafeOui.net determines that an organizations
or individual subscribing to our reseller program/account is unqualified, customer’s service will be subject
to termination without warning and may incur termination fees of up to $250 per reseller program/account a customer
has.
cafeOui.net provides our resellers with many incentives/discounts to our standard services while maintaining the quality and reliability our general customers can expect from us. To ensure the quality and reliability to our customers as well as our reseller’s customers, cafeOui.net requires all resellers to abide by our AUP and TOS. Furthermore, resellers also agree to ensure their customers/clients abide by the same AUP. cafeOui.net considers a violation of our AUP by resellers’ customers/clients as a violation on behalf of resellers, themselves. Depending on the nature of the violation, cafeOui.net reserves the right to suspend resellers’ accounts until further investigation or to terminate the reseller’s account immediately. Resellers also agree to pay any additional charges/fees as described in our TOS and AUP for any AUP violation.
Furthermore, resellers agree to the following terms:
- resellers will not offer any trial accounts
- resellers will not offer any plan with unlimited bandwidth and/or unlimited space
VIII. Limitation of Liability
Other than the refund policy given above, under no circumstances shall cafeOui.net be liable for any indirect,
incidental, reliance, special, punitive or consequential damages including, but not limited to, loss of profits
and/or opportunities resulting from any disruption of service and/or any acts of God, unauthorized access,
alteration, theft, corruption, or destruction of any equipment hosted within our network. cafeOui.net’s
cumulative liability to Customer shall not exceed an amount equivalent to the amount paid by Customer in
three months prior to the notice of the damage claim. Customer is responsible for any additional fees
including, but not limited to, damage claim fees, attorney fees, etc.
IX. Content and Application Ownership
cafeOui.net provides website design and application development on a gratis basis. As such, all website
content including, but not limited to, web page designs, graphics, text, data, and applications, remain
the property of cafeOui.net. Permission is granted to the Customer to use said web page designs, graphics,
text, data, and applications, only so long as each of the following two statements are true:
- Customer is an active, paying, customer of cafeOui.net or any legally affiliated company.
- Said web page designs, graphics, text, and applications, etc., are hosted on a cafeOui.net server.
X. Miscellaneous
Customer agrees that all court claims and proceedings should be made in the state of Maryland where cafeOui.net has
its business presence. Customer shall pay all applicable fees including, but not limited to, attorney fees,
court fees, etc. cafeOui.net reserves the right to change this agreement, the SLA, and the AUP at any time without
any prior notification. cafeOui.net will always maintain the latest revision to this agreement, the SLA, and
the AUP available to the customer through its main web site. It is the customer's duty to always check the newest
revision to this agreement, the SLA and the AUP. Without the written notification to cancel the hosting service,
customer agrees that it has acknowledged and abided by the newest revision to this agreement, the SLA, and the AUP.
TOS::rev 2.0, 9 June 2006
