| This Privacy
Policy governs the manner in which SupremeFx.com collects, uses, maintains
and discloses information collected from users
of this
Web site (each,
a "User").
Privacy
Users' privacy is very important to SupremeFx.com. SupremeFx.com is committed
to safeguarding the information Users entrust to SupremeFx.com. This Web
site is not directed at children under 13 years of age.
The Information We Collect
SupremeFx.com may collect personally identifiable information from Users
in a variety of ways, including through online forms for ordering products
and
services, and other instances where Users are invited to volunteer such
information. SupremeFx.com may also collect information about how Users
use our Web site,
for example, by tracking the number of unique views received by the pages
of the Web site or the domains from which Users originate. We may use "cookies" to
track how Users use our Web site. A cookie is a piece of software that
a Web server can store on the Users' PC and use to identify the User should
they visit the Web site again. While not all of the information that we
collect
from Users is personally identifiable, it may be associated with personally
identifiable information that Users provide us through our Web site.
How We Use Information
SupremeFx.com may use personally identifiable information collected through
our Web site to contact Users regarding products and services offered by
SupremeFx.com and its trusted affiliates, independent contractors and business
partners, and otherwise to enhance Users' experience with SupremeFx.com and
such affiliates, independent contractors and business partners. SupremeFx.com
may also use information collected through our Web site for research regarding
the effectiveness of the Web site and the marketing, advertising and sales
efforts of SupremeFx.com, its trusted affiliates, independent contractors
and business partners.
Disclosure of Information
SupremeFx.com may disclose information collected from Users to trusted affiliates,
independent contractors and business partners who will use the information
for the purposes outlined above. We may also disclose aggregate, anonymous
data based on information collected from Users to investors and potential
partners. Finally, we may transfer information collected from Users in connection
with a sale of SupremeFx.com's business.
Maintenance of Information
Information about Users that is maintained on our systems is protected using
industry standard security measures. However, we cannot guarantee that the
information submitted to, maintained on, or transmitted from our systems
will be completely secure.
Questions
Users may direct questions concerning this Privacy Policy by email to info@supremefx.com.
Users may elect not to receive solicitations from SupremeFx.com or from trusted
affiliates, independent contractors and business partners by completing the
opt-out request form here.
General Legal Matters
Use of this Web site is subject to SupremeFx.com Terms of Use.
SupremeFx.com customers are subject to SupremeFx.com Acceptable Use Policy
and SupremeFx.com Terms of Service.
Customers purchasing domain name registration or renewals from SupremeFx.com
are subject to SupremeFx.com Domain Name Registration Terms and Conditions.
SupremeFx.com Resellers are subject to SupremeFx.com Reseller Program Description
and the Reseller Program Terms and Conditions.
Participation in SupremeFx.com Referral Program is subject to SupremeFx.com
Referral Program Terms and Conditions.
Partcipation in SupremeFx.com Affiliate Program offered through Commission
Junction is subject to the Affiliate Program Terms and Conditions.
Privacy Policy
SupremeFx.com Privacy Policy governs SupremeFx.com collection, storage, and
use of information gathered through this Web site.
For a list of Frequently Asked Questions regarding our Privacy Policy, click
here.
Vendors
Purchase orders issued by SupremeFx.com to vendors incorporate by reference
SupremeFx.com Purchase Order Terms and Conditions.
Copyright Notice
The contents of this Web site are copyright © 1998-2004, SupremeFx.com,
Inc. All rights reserved.
Trademark Notices
SupremeFx.com, the SupremeFx.com logo, and certain other marks in this Web
site are the trademarks, trade names, and service marks of SupremeFx.com. Any
use of such marks without the prior written consent of SupremeFx.com is prohibited.
Other trademarks and logos are the property of the parties to whom they are
attributed.
Securities Laws Compliance
This Web site contains forward-looking statements by SupremeFx.com management,
which are based on current expectations. These forward-looking statements are
subject to numerous risks and uncertainties. As a result, actual results may
differ materially from what is expected. Please refer to SupremeFx.com most
recent Form 10-K, Forms 10-Q and Forms 8-K and other filings with the Securities
Exchange Commission for information concerning factors that may cause results
to vary. SupremeFx.com assumes no obligation to update SupremeFx.com forward-looking
statements.
Policy on Third Party Legal Process
It is SupremeFx.com policy to respond with reasonable promptness to subpoenas
and other legal process served on SupremeFx.comor its subsidiaries that seek
information, documents or other business records. Third parties wishing to
serve such process on SupremeFx.com may do so in writing through SupremeFx.com
Legal Department. SupremeFx.com will evaluate each such request based upon
the applicable law and facts.
An administrative fee of $75 will be charged for each request to cover SupremeFx.com
fees and expenses in responding to the request. SupremeFx.com may require the
requesting party to pay the applicable hourly rate for requests that require
significant engineering or technical support. SupremeFx.com may also charge
additional amounts for requests that require substantial photocopying, third
party charges or other expenses.
SupremeFx.com expressly reserves any rights under applicable law in connection
with its receipt, evaluation and any response to, any third party requests
or legal process.
TERMS OF USE (Hosting
Services)
All users of SupremeFx.com, Inc. services, and all customers upon signing up
for
SupremeFx.com,
Inc. services,
agree to comply with SupremeFx.com,
Inc. Terms
of Use (“TOU”).
The spirit of the TOU is to ensure customers are using SupremeFx.com,
Inc. services
with due regard to the rights of other Internet users and in conformity with
the
requirements of SupremeFx.com,
Inc. network
environment. The TOU are not exhaustive and SupremeFx.com, Inc. reserves the
right to add, delete, or modify any provision of its TOU
at any time without notice, effective upon either the posting of the modified
TOU to www.supremefx.com or notification of the modified TOU. Any complaints
about a customer’s violation of the TOU should be sent to systemadmin@supremefx.com.
The TOU supersedes any other agreement with SupremeFx.com,
Inc., whether
written, oral, by conduct, or otherwise.
A. SupremeFx.com,
Inc. Web
Hosting & E-commerce
Customer Restrictions
The following Terms of Use apply only to SupremeFx.com, Inc. Web Hosting and E-Commerce
customers, and supplement the terms in sections C and D that apply to all SupremeFx.com, Inc.
customers:
Server Resources
Any web site that uses a high amount of server resources (such as, but not
limited to, CPU time, memory usage, and network resources) will be given the
option to either pay additional fees (which will depend on the resources required),
reduce the resources used to an acceptable level, or upgrade its service to
a Dedicated Server plan. SupremeFx.com, Inc. will be the sole arbiter of what is considered
to be a high server usage level. All Web Hosting and E-Commerce accounts come
with a limit of 5,000 files per account. Each block of 5,000 files after the
initial 5,000 will incur an additional charge of US$9.95/month. Any Web Hosting
and E-Commerce account deemed to be adversely affecting server performance
or network integrity will be shut down without prior notice.
Spamming
Sending unsolicited bulk and/or commercial messages over the
Internet (known as "spamming") is prohibited, regardless of whether or not it overloads
a server or disrupts service to SupremeFx.com, Inc. customers. The term "spamming" also
includes, but is not limited to, maintaining an open SMTP policy, engaging
in spamming using the service of another ISP or IPP and referencing in the
spam a web site hosted on a SupremeFx.com, Inc. server, and selling or distributing
software (on a web site residing on a SupremeFx.com, Inc. server) that facilitates
spamming. Violators
will be assessed a minimum fine of $20,000 and will face immediate suspension.
SupremeFx.com, Inc. reserves the right to determine, in its sole and absolute
discretion, what constitutes a violation of this provision.
CGI Scripts
Any scripts that pose a potential security risk or are deemed to be adversely
affecting server performance or network integrity will be shut down or will
be automatically removed without prior notice. SupremeFx.com, Inc. does not permit CGI
script sharing with domains not hosted by SupremeFx.com, Inc. or any scripts that may be
abused for UCE purposes.
Chat Rooms
SupremeFx.com, Inc. does not allow Web Hosting and E-Commerce
customers to install their own chat rooms. Chat rooms tend to require significant
system resources and
therefore cannot be permitted as an account option. However, for a small charge,
SupremeFx.com, Inc. provides Java chat rooms that meet most users' needs and
run without hindering system performance.
Background Running Programs and Cron Jobs
SupremeFx.com, Inc. may allow programs to run in the background.
These programs will be considered on an individual basis and Web Hosting
and E-Commerce customers
will incur extra charges based on system resources used and operational maintenance
needed. If you wish to run background programs please contact SupremeFx.com,
Inc. at systemadmin@supremefx.com
so that we can arrange set-up.
Software Distribution
SupremeFx.com, Inc.'s Web Hosting and E-Commerce accounts are
not configured for the purposes of distributing software and/or multimedia
products. If you
wish to distribute
software and/or multimedia files, please contact sales@supremefx.com to make
special arrangements.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. SupremeFx.com, Inc.
Web Hosting and E-Commerce accounts are not to be used for the purposes of
distributing and storing unusual amounts of multimedia files. Any web site
whose disk space usage for storing multimedia files exceeds 70% of its total
usage, in terms of total size or number of files, will be considered to be
using an unusual amount of multimedia files.
Databases
Any database stored on SupremeFx.com, Inc.'s Web Hosting and E-Commerce servers will be
limited in size to 10% of the total disk space allotted for that particular
domain's plan/web hosting account.
B. SupremeFx.com, Inc. Dedicated Server Customer Restrictions
The following Terms of Use apply only to SupremeFx.com, Inc. Dedicated Server
customers, and supplement the terms in sections C and D that apply to all SupremeFx.com, Inc.
customers:
Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting
servers under customer control. If a customer's server is involved in an attack
on another server or system, it will be shut down and an immediate investigation
will be launched to determine the cause/source of the attack. In such event,
the customer is responsible for the cost to rectify any damage done to the
customer's server and any other requirement affected by the security breach.
IRC
SupremeFx.com, Inc. allows Dedicated Server customers the use
of IRC inside the SupremeFx.com, Inc. network as long as the use of IRC on
a SupremeFx.com, Inc. server does not violate any
of the other terms of these TOU. As a policy, SupremeFx.com, Inc. will not
provide vanity IRC reverse DNS records. To enforce this policy SupremeFx.com,
Inc. does not turn the reverse
address of IPs over to the customer. Authority over this information remains
with SupremeFx.com, Inc..
Billing for Network Resources
The customer understands that the customer is responsible for paying for any
network resources that are used to connect the customer's server to the Internet.
The customer may request that the customer's server be disconnected from the
Internet, but the customer will still be responsible for paying for any network
resources used up to the point of suspension or cancellation.
C. All SupremeFx.com, Inc. Customer Terms of Use
The following Terms of Use apply to ALL SupremeFx.com, Inc. customers:
SupremeFx.com, Inc. Services
SupremeFx.com, Inc. services include, but are not limited to:
any act of preparing, setting up, connecting, maintaining,
terminating, or reconnecting customers’ account (including all billing
data and the space on the particular Web server that SupremeFx.com, Inc.
provides to customers);
any use by customers, or any access provided to customers by SupremeFx.com,
Inc., of computing, telecommunications, software, information, hardware, and
equipment; any act, or provision of any service, by SupremeFx.com, Inc. to
customers, related to web
hosting and domain name registrations (including server usage and technical
support), regardless of duration and whether paid for or not; any provision
by SupremeFx.com, Inc. to customers, of any space, Internet connectivity, or
electrical power; any access or use related to the SupremeFx.com, Inc. web
site, including the web site itself; any other service mentioned in the TOU;
any other service provided by SupremeFx.com, Inc. to customers, whether used
or not; any other SupremeFx.com, Inc. services
that are used by customers, whether offered or provided by SupremeFx.com, Inc.
to customers.
Ownership of Web Site
The legal owner of customers’ web sites and accounts with SupremeFx.com, Inc. will
be the individual or organization whose name is listed in SupremeFx.com, Inc. database
as the owner. Customers will fully cooperate with and abide by any and all
of SupremeFx.com, Inc. security measures and procedures in the event of any dispute
over ownership of customers’ web sites and accounts with SupremeFx.com,
Inc..
Illegal Use
SupremeFx.com, Inc. servers may be used for lawful purposes
only. Transmission, storage, or distribution of any information, data, or
material in violation of any applicable
law or regulation, or that may directly facilitate the violation of any particular
law or regulation is prohibited. This includes, but is not limited to: copyrighted
material; trademarks; trade secrets or other intellectual property rights used
without proper authorization; material that is obscene, defamatory, constitutes
an illegal threat, or violates export control laws. Additionally, in purchasing
SupremeFx.com, Inc. services, all SupremeFx.com, Inc. customers certify that
they and/or the organization they represent in procuring services from SupremeFx.com,
Inc. are not, nor have been designated,
a suspected terrorist as defined in Executive Order 13224; are not owned or
controlled by a 'suspected terrorist' as defined in Executive Order 13224;
and are not on, are not a member of, related to, associated with, or controlled
by any organizations on the list contained in the Annex to Executive Order
13224 and all updates thereto.
System and Network Abuse
Violations of system or network security are prohibited and may result in
criminal and civil liability. Examples of system or network security violations
include, without limitation the following: unauthorized access to or use of
data, systems or networks, including any attempt to probe, scan or test the
vulnerability of a system or network or to breach security or authentication
measures without express authorization of the owner of the system or network;
interference with service to any user, host or network including, without limitation,
mail bombing, flooding, deliberate attempts to overload a system and broadcast
attacks; forging of any TCP-IP packet header or any part of the header information
in an email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of SupremeFx.com, Inc. services or equipment for creating or sending Internet
viruses, worms or Trojan horses, or for pinging, flooding or mail bombing,
or engaging in denial of service attacks is prohibited. It is also prohibited
for any customer to engage in other activity that is intended to disrupt or
interfere with, or that results in the disruption of or interference with,
the ability of others to effectively use SupremeFx.com, Inc. services and equipment
(or any connected network, system, service or equipment) or conduct their business
over the Internet.
Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets
forth the law regarding the use of copyrighted materials on the Internet.
All SupremeFx.com, Inc. customers
are subject to the requirements of the DMCA. Individuals or entities submitting
notifications of copyright infringement by a SupremeFx.com, Inc. customer (per
the DMCA) to SupremeFx.com, Inc. must follow the below procedures. Copyright
infringement notifications
submitted to SupremeFx.com, Inc. according to these procedures will be processed
within 21 days of receipt. Customers who are the subject of a DMCA notification
that
meets the below criteria may be subject to account termination at SupremeFx.com,
Inc. sole discretion.
DMCA Copyright Infringement Notification Requirements:
a. Signature of the copyright owner or a person authorized to act on the copyright
owner's behalf (the "Claimant").
b. Identification of the copyrighted work(s) claimed to have been infringed.
c. Identification of the material claimed to infringe the copyright(s), and
enough information for SupremeFx.com, Inc. to locate it including URLs and specific descriptions
of the infringing material at each URL.
d. The Claimant's name, address, and telephone number(s).
e. A statement that the Claimant has a good faith belief that use of the disputed
material is not authorized by the copyright owner or his agent.
f. A statement, under penalty of perjury, that the information in the notification
of copyright infringement is accurate and that the Claimant is authorized to
act on behalf of the copyright owner.
g. Mail the notification to:
SupremeFx.com, Inc.
95 Library st Suite 2
Chelsea, MA 02150
Adult Content
Pornography and sex-related merchandising are prohibited on SupremeFx.com, Inc. servers.
This includes sites that may infer sexual content or provide links to adult
content elsewhere. This is also true for sites that promote any illegal activity
or content that may be damaging to our servers or any other server on the Internet,
or provide links to such sites.
Child Pornography
The use of SupremeFx.com, Inc. services to store, post, display, transmit, advertise
or otherwise make available child pornography is prohibited. SupremeFx.com, Inc. is required
by law, and will, notify law enforcement agencies when it becomes aware of
the presence of child pornography on, or being transmitted through, its services.
Privacy
SupremeFx.com, Inc. is concerned with the privacy of on-line
communications and web sites. In general, the Internet is neither more nor
less secure than
other means of
communication, including mail, facsimile, and voice telephone service, all
of which can be intercepted and otherwise compromised. As a matter of prudence,
however, SupremeFx.com, Inc. urges its customers to assume that all of their
on-line communications are insecure. SupremeFx.com, Inc. cannot take any responsibility
for the security of information
transmitted over SupremeFx.com, Inc.'s facilities. Additional details on privacy
and SupremeFx.com, Inc. use of customer information can be found in SupremeFx.com,
Inc. Privacy Statement
located at http://www.supremefx.com/pp/asp.
Customer Responsibility
Customers are required to use the SupremeFx.com, Inc. network responsibly. This includes
respecting the other customers of SupremeFx.com, Inc.. SupremeFx.com, Inc. reserves the right to suspend
and/or cancel service with any customer who uses the SupremeFx.com, Inc. network in such
a way that adversely affects other SupremeFx.com, Inc. customers. While SupremeFx.com, Inc. may monitor
its service electronically to determine that its facilities are operating satisfactorily,
as a general practice, SupremeFx.com, Inc. does not monitor its customers' communications
or activities to determine whether they are in compliance with the TOU. However,
when SupremeFx.com, Inc. becomes aware of any violation of the TOU or other user agreements,
SupremeFx.com, Inc. may take any action to stop or correct such violation, including, but
not limited to, denying access to SupremeFx.com, Inc. services and equipment or
to the Internet. In addition, SupremeFx.com, Inc. may take action against a customer or
a customer of such customer because of the activities of such customer. SupremeFx.com, Inc.
anticipates that customers who offer Internet services will cooperate with
SupremeFx.com, Inc. in any corrective or preventive action that SupremeFx.com, Inc. deems necessary.
Failure to cooperate with such corrective or preventive measures is a violation
of SupremeFx.com, Inc. policy and SupremeFx.com, Inc. reserves the right to take any such action even
though such action may affect other customers of the SupremeFx.com, Inc. customer.
Actions Taken by SupremeFx.com, Inc.
The failure by a customer to meet or follow any of the TOU is grounds for
account deactivation. SupremeFx.com, Inc. will be the sole arbiter as to what constitutes
a violation of the TOU. SupremeFx.com, Inc. reserves the right to remove any account without
prior notice and to refuse service to anyone at any time. When SupremeFx.com, Inc. becomes
aware of an alleged violation of its TOU, SupremeFx.com, Inc. will initiate an investigation.
During the investigation, SupremeFx.com, Inc. may restrict a customer's access in order
to prevent further potentially unauthorized activity. Depending on the severity
of the violation, SupremeFx.com, Inc. may, at its sole discretion, restrict, suspend, or
terminate a customer's web hosting account and/or pursue other civil remedies.
If such violation is a criminal offense, SupremeFx.com, Inc. will notify the appropriate
law enforcement authorities of such violation. An unlisted activity may also
be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive
use of the Internet. SupremeFx.com, Inc. does not issue credits for outages incurred through
service disablement resulting from TOU violations. Violators of the policy
are responsible, without limitations, for the cost of labor to rectify any
damage done to the operation of the network and business operations supported
by the network, and to respond to complaints incurred by SupremeFx.com, Inc..
Indemnification
SupremeFx.com, Inc. customers agree to protect, defend, hold
harmless, and indemnify SupremeFx.com, Inc., any third party entity related
to SupremeFx.com, Inc. (including, without limitation, third
party vendors), and SupremeFx.com, Inc. executives, directors, officers, attorneys,
managers, employees, consultants, contractors, agents, parent companies, subsidiaries,
and co-subsidiaries with the same parent company as SupremeFx.com, Inc., from
and against any and all liabilities, losses, costs, judgments, damages, claims,
or causes
of actions, including, without limitation, any and all legal fees and expenses,
arising out of or resulting in any from the customer’s use of SupremeFx.com,
Inc. services.
Disclaimer
The SupremeFx.com, Inc. service is provided on an as is, as available basis without warranties
of any kind, either express or implied, including, but not limited to, warranties
of merchantability, fitness for a particular purpose or non-infringement. SupremeFx.com, Inc.
expressly disclaims any representation or warranty that the SupremeFx.com, Inc. service
will be error-free, secure or uninterrupted. No oral advice or written information
given by SupremeFx.com, Inc., its employees, licensors or the like, will create a warranty;
nor may you rely on any such information or advice. SupremeFx.com, Inc. and its partners
and suppliers will not be liable for any cost or damage arising either directly
or indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the
customer, or any third party against the customer, SupremeFx.com, Inc. may immediately
terminate provision of SupremeFx.com, Inc. services to the customer without prior
notice or penalty. Such customer consents to the grant of relief from any automatic
stay of proceedings against SupremeFx.com, Inc. in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT,
AND UNDER NO THEORY OF LAW OR EQUITY, WILL SUPREMEFX.COM (INCLUDING, WITHOUT
LIMITATION,
SUPREMEFX.COM
EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS,
CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE
SAME PARENT COMPANY AS SUPREMEFX.COM, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS,
LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR
DISTRIBUTING SUPREMEFX.COM SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME,
OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE SINCREASE, COSTS
OF SUBSTITUTE PRODUCTS AND/OR SUPREMEFX.COM SERVICES, OR ANY OTHER LOSS OR
DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE
OR INDIRECT
DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY
SUPREMEFX.COM SERVICES EVEN IF SUPREMEFX.COM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. HOSTWAY’S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER,
OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR SUPREMEFX.COM
SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT
OR OMISSION BY SUPREMEFX.COM OR SUPREMEFX.COM REPRESENTATIVES, OR UNDER ANY
OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE
ACTUAL
DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH
DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE
DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Modifications
SupremeFx.com, Inc. may discontinue, upgrade, replace, modify,
or change in any way, without limitation, any software, application, program,
data, hardware, equipment,
or portions or components thereof, used to provide customers with SupremeFx.com,
Inc. services. Certain changes to SupremeFx.com, Inc. services may affect
the operation
of customers’ personalized applications and content. Each customer is
solely responsible, and SupremeFx.com, Inc. is not liable, for any and all
such personalized applications and content, except as expressly agreed to by
SupremeFx.com, Inc..
Backup of Data
Except where SupremeFx.com, Inc. has expressly agreed in writing to the contrary, customers
are solely and entirely responsible, and SupremeFx.com, Inc. is in NO way responsible,
for the management and backup of all customer data, and all updates, upgrades,
and patches to any software that customers use in connection with SupremeFx.com, Inc. services.
Third Party Licenses
SupremeFx.com, Inc. makes a reasonable effort to provide customers
with technologies, developments, and innovations (collectively “Technologies”),
part of which may be licensed, or co-branded, from or by, third party entities.
However, SupremeFx.com, Inc. makes NO warranty of any kind, either express
or implied,
regarding the quality, accuracy, reliability, validity, or continued existence
of any or all aspects of such Technologies. Moreover, SupremeFx.com, Inc. specifically
disclaims all warranties of merchantability and and fitness for a particular
purpose for such Technologies. Furthermore, no customer will hold SupremeFx.com,
Inc. liable in any way for the revocation of any license, which has been
licensed to SupremeFx.com, Inc..
The use of the Technologies obtained from or through SupremeFx.com, Inc., or
any other referred third party, whether directly or indirectly, is at the
sole risk of
customers.
Non-SupremeFx.com, Inc. Products
Any mention of non-SupremeFx.com, Inc. products by SupremeFx.com, Inc., its employees, or any third
party entity related to SupremeFx.com, Inc. is for information purposes only and does not
constitute an endorsement or recommendation by SupremeFx.com, Inc.. SupremeFx.com, Inc. disclaims any
and all liabilities for any representation or warranty made by the vendors
of such non-SupremeFx.com, Inc. products or services.
SupremeFx.com, Inc. Intellectual Property
Customers will not, without SupremeFx.com, Inc. express written consent, copy,
reproduce, republish, or otherwise use any material, in whole or in part, that
is located on SupremeFx.com, Inc. web site, and customers will not use any of SupremeFx.com, Inc.
trademarks, service marks, copyrighted materials, or other intellectual property
without SupremeFx.com, Inc. express written consent. Customers will not, in any
way, misrepresent their relationship with SupremeFx.com, Inc., attempt to pass themselves
off as SupremeFx.com, Inc., or claim that customers are SupremeFx.com, Inc..
Assignment
Customers may not assign or delegate their rights or obligations under the
TOU or other agreement for SupremeFx.com, Inc. services, either in whole or in
part, without the prior written consent of SupremeFx.com, Inc..
Minimum Age Requirement
SupremeFx.com, Inc. customers must be at least 18 years of
age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept
the TOU in order for the Minor to become a SupremeFx.com, Inc. customer. A parent or guardian
who accepts the TOU on behalf of a Minor will be primarily liable for ensuring
complete and proper compliance with the TOU, including the timely and full
payment of the charges for SupremeFx.com, Inc. services, and such primary liability will
continue even when the Minor has attained the age of 18, unless the parent
or guardian obtains SupremeFx.com, Inc. express written consent to the contrary.
Any acceptance of the TOU or any other agreement for SupremeFx.com, Inc. services
will be deemed null and void to the extent that SupremeFx.com, Inc. will not be liable
in any way as a result of the Minor’s age or legal incapacity or the
Minor’s use of SupremeFx.com, Inc. services.
Governing Law and Severability
The TOU, and any other agreement for SupremeFx.com, Inc. services, will be
governed by and construed in accordance with the laws of the State of Massachusetts,
USA without
reference to its conflicts of laws principles. Any litigation or arbitration
between a customer and SupremeFx.com, Inc. will take place in Massachusetts,
and the customer will consent to personal jurisdiction and venue in that jurisdiction.
If any
provision or portion of the TOU or other SupremeFx.com, Inc. agreement is found
by a court of competent jurisdiction to be unenforceable for any reason, the
remainder
of the TOU or the agreement will continue in full force and effect.
Force Majeure
SupremeFx.com, Inc. will not be liable for delays in its performance
of the TOU or SupremeFx.com, Inc. services caused by circumstances beyond
SupremeFx.com, Inc. reasonable control,
including acts of God, wars, insurrection, civil commotions, riots, national
disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages
of labor or materials, labor disputes, transportation problems, accidents,
embargoes, or governmental restrictions (collectively “Force Majeure”).
SupremeFx.com, Inc. will make reasonable efforts to reduce to a minimum and
mitigate the effect of any Force Majeure. Notwithstanding anything contained
elsewhere herein,
lack of finances will not be considered an event of Force Majeure nor will
any event of Force Majeure suspend any obligation of customers for the payment
of money due.Waiver and AmendmentAny waiver, modification, or amendment of
any provision of the TOU or other agreement for SupremeFx.com, Inc. services,
initiated by a customer, will be effective only if accepted in writing and
signed by
an authorized representative of SupremeFx.com, Inc..
Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or relationship
of employer and employee, principal and agent, partnership or joint venture
between SupremeFx.com, Inc. and its customers. Each of SupremeFx.com, Inc. and its customers will be
deemed an independent contractor at all times and will have no right or authority
to assume or create any obligation on behalf of the other, except as may be
expressly provided herein.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for SupremeFx.com, Inc. services, constitutes
the complete understanding and agreement between SupremeFx.com, Inc. and its customers.
Except when expressly agreed to the contrary in signed writing by an authorized
representative of SupremeFx.com, Inc., the TOU supersedes any other written (including
digitized/computerized) agreement, oral agreement, and/or agreement by conduct.
This TOU, and/or any other specific agreement for SupremeFx.com, Inc. services is between
SupremeFx.com, Inc. and its customers only and will not confer any rights in any third
party except as otherwise expressly provided by SupremeFx.com, Inc..
D. All SupremeFx.com, Inc. Customer Billing Policy
The following Terms of Use constitute SupremeFx.com, Inc. Billing Policy and apply
to ALL SupremeFx.com, Inc. customers:
Payments
All charges are shown in US Dollars. Payments are to be made in US dollars.
SupremeFx.com, Inc. accepts the following types of payment:
- Check/money order
- Credit card (VISA, MasterCard, American Express, Discover)
- Bank wire transfer
- PayPal
All payments are due on the Account Statement Date. The Account Statement
Date is the monthly anniversary of the date the account was activated. If you
provide SupremeFx.com, Inc. your credit card information, you authorize SupremeFx.com, Inc. to automatically
charge your credit or debit card for charges that apply to your account. Recurring
charges will be posted to your credit card until such time that you cancel
your account in accordance with SupremeFx.com, Inc. Billing Policy in the TOU.
Charges subsequent to your initial order will accumulate in your account until
such charges exceed $9.95. SupremeFx.com, Inc. will then automatically charge your credit
card on the next Account Statement Date. You are responsible for directly updating,
or notifying SupremeFx.com, Inc., of any changes to your credit card (including, but not
limited to card number, expiration date, billing address, or card status).
Customers not paying by credit card agree to make payment of their balance
due within ten (10) days of the Account Statement Date.
Accounts that are thirty (30) days past due will be automatically
suspended. All past due and unpaid balances are subject to collection. In
the event of
collection, you will be liable for costs of collection including attorney’s
fees, court costs, and collection agency fees. No refund are giving after work started. If the work is more than 75% complete. You are liable for paying the rest of the payments and or the work will stop completely and you may lose any files that may associated with the project. Refund are only given when client decide to back out before and work are performed.
Billing Cycles (Terms)
SupremeFx.com, Inc. offers three Billing Cycles (terms) for
hosting charges: Monthly, Quarterly (3 months) and Yearly (12 months). The
Billing Cycle begins on the
Plan Activation Date. Resellers are limited to the monthly Billing Cycle for
all of their charges. Non-credit card payment methods are limited to Annual
or Quarterly Billing Cycles.
You may elect to change your Billing Cycle at any time; however, the new Billing
Cycle will only take effect at the time of the next plan renewal.
All additional features added to an account are charged monthly. Additional
items are non-refundable.
Account Renewals
In order to insure uninterrupted service to your website, all
plans will automatically renew at the end of the plan’s Billing Cycle.
Plan renewal charges are based on the prevailing rate on the date of renewal
according to the service
selected. Plans are renewed for the same billing cycle. If you wish to cancel
your plan before plan renewal, please refer to the Cancellation section below.
Statements
SupremeFx.com, Inc. does not mail paper invoices or statements.
Statements can be viewed and printed through SiteControl. Customers may elect
to receive their monthly
account billing statement via email. This option may be selected in SiteControl.
Fees
Returned (NSF) Checks
SupremeFx.com, Inc. charges a $25.00 fee for returned (NSF) checks. Customers that issue
an NSF check will be required to submit future payments with a certified
check or money order.
Credit Card Chargebacks
A $25.00 chargeback fee will be assessed for each credit card chargeback received
by SupremeFx.com, Inc..
Bank Wire Payments
SupremeFx.com, Inc. does NOT charge fees for accepting payment via bank wire, however,
international wire transfers may be assessed a $20.00USD processing fee by
an intermediary bank in New York. In addition, your issuing bank may also
charge a fee for sending the wire. Please add these fees to the amount that
you are sending to SupremeFx.com, Inc. or the amount credited to your account will be
less than your intended payment.
Reactivation
Customers that wish to reactivate a closed account will be assessed a $19.95
reactivation fee. A $99.95 fee will be assessed if SupremeFx.com, Inc. restores your
data files to your reactivated account.
Hosting Plan Changes
Customers electing to change to a lower priced hosting plan on the same platform
will be charged a $19.95 downgrade fee. There is no upgrade fee for upgrading
to a higher priced plan, however, you will be charged any difference between
the setup fee applicable to your new and former plans.
Platform Change
Customers that elect to change plans to a different operating system platform
will be charged a $19.95 platform change fee.
Account Splits and Mergers
SupremeFx.com, Inc. encourages customers to merge hosting plans contained in
two or more accounts into one account. There is no fee for this service.
Customers may
also request that SupremeFx.com, Inc. separate one or more plans contained
under one account into separate accounts. The fee for this service is $19.95
for each
new account created and is charged to the new account. Please direct all
requests for these services to: billing@supremefx.com
Credit Card Disputes/Chargebacks
SupremeFx.com, Inc. has a zero tolerance policy for chargebacks.
Any customer who disputes a credit card payment is subject to a fine, suspension
and account termination
at SupremeFx.com, Inc.'s discretion. A charge of $25.00 per chargeback will
be assessed to all accounts that receive a chargeback.
Billing/Price Changes
SupremeFx.com, Inc.'s policies and prices are subject to change
without notice. Any price changes become effective in the next billing cycle. |