Terms of Service
Urge Interactive, LLC ("The Company") owned and operated by Aaron Stewart agrees to furnish services and products to the Subscriber, subject to the following TOS (Terms of Service).
Use of Urge Interactive, LLC products and services constitutes acceptance and agreement to Urge Interactive, LLC AUP (Acceptable Use Policy) as well as Urge Interactive, LLC TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Urge Interactive, LLC and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the company shall not be grounds for early contract termination or non-payment.
The agreement shall be construed in all respects in accordance with the laws of the country of the United States, applicable to all contracts enforceable in that country. Venue will be Los Angeles, California USA.
1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP addresses, account history, account use, etcetera to any law enforcement agent who makes a written request corresponding to a subpoena or other court order without further consent or notification to the Subscriber. In addition Urge Interactive, LLC shall have the right to terminate all service set forth in this Agreement.
2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Subscriber. Subscriber is aware that Urge Interactive, LLC may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
3. Payment: Establishment of service (eg web hosting, domains, website maintenance, etc) is dependant upon receipt by the company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service, else on the anniversary date of the year for that year's service if Subscriber has opted for annual payment. For tangible products and services (graphic design, website design and development, etc), final payment is due at the time it's delivered, launched or submitted as complete. Clients are required to pay remaining invoice balance due within 24 hours of said delivery to avoid a late fee unless prior arrangements were agreed to in writing by Urge Interactive, LLC. Urge Interactive, LLC requires a 50% retainer of estimated project costs prior to project launch for all projects estimated to cost over $500. All clients are required to submit a valid credit card to their client account prior to project start and understand that this card will be charged the remaining balance for their project at this time.
4. Payments and Fees: Payments via any method which are declined for any reason are subject to a $25.00 NSF fee. Payments via check which are declined are subject to the $25.00 NSF fee PLUS any bank charges which Company incurs. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for non-payment is subject to a $15 late fee which is payable before service will be restored. Products or delivered service balances will incur a 10% late fee. Accounts that are not collectable by Urge Interactive, LLC may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay Urge Interactive, LLC a "Processing and Collection" fee of not less than $75. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
5. Refunds and Disputes: All payments to Urge Interactive, LLC are non-refundable after 60 days and Cost of Domain Name Purchase are non-refundable at any time. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your bank or credit card issuer that, in Urge Interactive's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Urge Interactive, LLC an "Administrative Fee" of not less than $75 and not more than $200.
6. Failure to Pay: Urge Interactive, LLC may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
7. Account Cancellation: Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to:
Urge Interactive, LLC
ATTN: Cancellations
8437 Ridpath Drive
Los Angeles, CA 90046
Or you may call or fax the cancellation request to (888) 348-3113. Once you submit your cancellation notice, we will contact you either by the telephone number or email address you have on record to confirm the cancellation. You must then verify the cancellation within 48 hours. You must have all account information to cancel.
8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption are difficult to ascertain. Therefore, Subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Urge Interactive, LLC. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Subscriber for services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, injury, or loss.
9. New Domain Accounts: All new web hosting accounts involving new domains will be setup and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered manually by Urge Interactive, LLC on behalf of the account holder a handling fee will be incurred. Each Domain name will have its own domain account, the only exceptions are Alias domain names which have the same starting point as the main domain name.
10. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to Urge Interactive, LLC or it's domain provider will require a minimum of seven (7) days to be setup and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Urge Interactive, LLC on behalf of the account holder a handling fee may be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
11. Support Boundaries: Urge Interactive, LLC provides technical support to our subscribers. We limit our technical support to our area of expertise. We will provide support with all account, server and service problems free of charge. We will only offer support for specific HTML, CGI, PHP or other such issue if Subscriber agrees to pay additional fees which will be agreed upon by both parties as and when the need arises. Urge Interactive, LLC does not provide support for YOUR customers. If you can email, we encourage you to email support@urgeinteractive.com for assistance or open a support ticket within your secure account manager. Lastly, we encourage you to check out our knowledge base and any help files available for the service you are having problems with before contacting support.
12. SPAM and Unsolicited Commercial Email (UCE): Urge Interactive, LLC takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Urge Interactive, LLC or our providers may not use or permit others to use our network to transact in UCE. Customers of Urge Interactive, LLC may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
a. Violation of Urge Interactive, LLC SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Urge Interactive, LLC will initiate an immediate investigation (within 48 hours of notification). During the investigation, Urge Interactive, LLC may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Urge Interactive, LLC may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Urge Interactive, LLC reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Urge Interactive, LLC will notify law enforcement officials if the violation is believed to be a criminal offence,
b. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $200 per hour that Urge Interactive, LLC personnel must spend to investigate the matter. PLEASE, DO NOT SPAM.
13. Network:
a. Bandwidth and Disk usage: Customer agrees that bandwidth and disk usage shall not exceed the limit per month for the services ordered by the customer on the Order Form (The "Agreed Usage"). Urge Interactive, LLC will monitor customer's bandwidth and disk usage. Urge Interactive, LLC shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such correction may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Urge Interactive, LLC sole and absolute discretion. If Urge Interactive, LLC takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
b. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Urge Interactive, LLC Network. Violations of system or network security may result in civil or criminal liability. Urge Interactive, LLC will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved with such violations. These violations include, without limitation:
I. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
II. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
III. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
IV. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
V. Taking any action in order to obtain services to which such user is not entitled.
14. Notification of Violation:
a. Urge Interactive, LLC is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police internet-related activities.
b. First violation: Any user, which Urge Interactive, LLC determines to have violated any element of the AUP shall receive an email warning them of the violation. The service may be subject at Urge Interactive, LLC discretion to a temporary suspension pending a user's agreement in writing to refrain from any further violations.
c. Second violation: Users that Urge Interactive, LLC determines to have committed a second violation of any element of the AUP shall be subject to immediate suspension or termination of service without further notice.
d. We reserve the right to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending party is causing great harm to parties on the internet. In particular, if open relays are on your network or a customers' network, or denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
15. Suspension of Service or Cancellation: Urge Interactive, LLC reserves the right to suspend network access to any customer if in the judgment of the Urge Interactive, LLC network administrators the customer's server is the source or the target of the violation of any of the other terms of the AUP or for any reason which Urge Interactive, LLC chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
16. Urge Interactive, LLC reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Urge Interactive, LLC must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation. You will be held responsible for the actions of your clients in the manner described on these terms and conditions. Therefore, it is in your interest to implement a similar or stricter terms and conditions or otherwise called Acceptable Terms of use Policy.
17. Indemnification: Urge Interactive, LLC wishes to emphasize that in agreeing to the Urge Interactive, LLC Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies Urge Interactive, LLC for any violation of the AUP and TOS that results in loss to Urge Interactive, LLC or the bringing of any claim against Urge Interactive, LLC by any third-party. This means that if Urge Interactive, LLC is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Urge Interactive, LLC plus all costs and attorneys fees.
18. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. Email, fax, and telephone contacts are used, in that order of preference.
a. A waiver by the Urge Interactive, LLC of any breach or provision of this agreement by subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
b. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Urge Interactive, LLC. We may assign Agreement at anytime without consent from or notice to subscriber. Urge Interactive, LLC reserves right to cancel customers rights under this contract at anytime without further obligation.
c. Urge Interactive, LLC takes no responsibility for any material input by others and not posted to the Urge Interactive, LLC network by Urge Interactive, LLC. Urge Interactive, LLC is not responsible for the content of any other websites linked to the Urge Interactive, LLC network; links are provided as internet navigation tools only. Urge Interactive, LLC disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
d. Urge Interactive, LLC is not responsible for any damages your business may suffer. Urge Interactive, LLC does not make implied or written warranties for any of our services. Urge Interactive, LLC denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Urge Interactive, LLC.
e. It is absolutely forbidden to host pornographic content or servers on hosting accounts without prior written consent. Any accounts found in violation of this will be subject to immediate cancellation without refund or compensation.
19. Responsibility for Content: You as Urge Interactive, LLC customer are solely responsible for the content stored on and served by your Urge Interactive, LLC server/hosting account.
20. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.
IMPORTANT NOTICE: *All payments to Urge Interactive, LLC are non-refundable after 30 days* and Cost of Domain Name Purchases are non-refundable at any time.
This document was last updated on January 02, 2011