Surmounted.NET Terms Of Service and Acceptable Usage Policy

The use of services from Surmounted.NET constitutes an agreement to these terms.

Terms of Service is subject to change without notice.

Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Surmounted.NET, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Surmounted.NET is not responsible for a lapsed registration, service termination, or damages due to outdated contact information being associated with the account information you provide us. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account.

With larger purchases or high risk transactions, it may be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.


We will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge of $5 per every 10 accounts moved.

Plans, Pricing, Discounts, Etc

Whatever is advertised on our website is our current service plan offerings. We have old and outdated plans advertised elsewhere on the web where we do not have access to alter or update these plans or their information. We do not support or create new accounts that are based on old outdated information. It is your responability to double check that the plan, it's features, pricing, etc is currently being offered at the time of your account registration. If you're unsure, simply email us.

Content Policy

All services provided by Surmounted.NET may only be used for lawful purposes. The laws of the United States of America apply, even if you do not reside in the United States. Depending on the violation, we have the right to terminate (with or without prior notice) ANY account that we find is in direct violation of United States law.

The customer agrees to indemnify and hold harmless Surmounted.NET from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@Surmounted.NET with the information required. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material on all Surmounted.NET services:

* Topsites
* IRC Scripts/Bots
* Proxy Scripts/Anonymizers
* Pirated Software/Warez
* Image Hosting Scripts (Requires VPS or Dedicated Server)
* AutoSurf/PTC/PTS/PPC sites
* IP Scanners
* Bruteforce Programs/Scripts/Applications
* Mail Bombers/Spam Scripts
* Banner-Ad services (commercial banner ad rotation) (Requires VPS or Dedicated Server)
* File Dump/Mirror Scripts (similar to rapidshare)
* Commercial Audio Streaming (Requires VPS or Dedicated Server)
* Escrow/Bank Debentures
* High-Yield Interest Programs (HYIP) or Related Sites
* Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
* Sale of any controlled substance without prior proof of appropriate permit(s)
* Prime Banks Programs
* Lottery Sites
* Hateful/Racist/Harassment oriented sites
* Hacker focused sites/archives/programs
* Forums and/or websites that distribute or link to warez/pirated/illegal content
* Bank Debentures/Bank Debenture Trading Programs
* Fraudulent Sites (Including, but not limited to sites listed at &
* Mailer Pro

Surmounted.NET services, including all related equipment, networks and network devices are provided only for authorized customer use. Surmounted.NET systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Surmounted.NET system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Surmounted.NET may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone, for any reason. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without prior notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and have a response within 48 hours. We reserve the right to charge a fee of $20/HR if we have to manually clean up a account or correct a situation caused by a violation of these terms and/or failure to respond to the initial abuse claim in the timeframe presented above.

If in doubt regarding the acceptability of your site or service, please contact us at and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. ANY/ALL violations of the above will be reported to the appropriate law enforcement agency immediately.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. Users are ultimately responsible for all actions taken under their account.

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account suspended with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our shared IP space being blacklisted will be immediately suspended and/or terminated.

Surmounted.NET reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Surmounted.NET reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Surmounted.NET and depends on the level of the violation and the time taken to restore service integrity.

Payment Information

You agree to supply appropriate payment for the services received from Surmounted.NET, in advance of the time period during which such services are provided. You agree that until and unless you notify Surmounted.NET of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended.

Cancellations must be performed through our helpdesk while you're logged into the account you wish to cancel. You may also send an email to with an email address of yours that is on file with us. Once we receive your cancellation and have confirmed all necessary information with you via your helpdesk. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of Surmounted.NET, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Surmounted.NET of your desire to cancel any or all services received (by the proper means listed in the appropiate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Surmounted.NET. Surmounted.NET reserves the right to bill your credit card or billing information on file with us. Surmounted.NET provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $5 late fee and/or an account suspension until account balance has been paid in full. The $5 late fee is applied in addition to whatever else is owed to Surmounted.NET for services rendered. Access to the account will not be restored until full payment has been received.

It is the customer's responsibility to notify our sales team via email at after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Surmounted.NET cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal. Please keep track and beaware of your domain's expiration date, this is not our responsibility.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact

Backups and Data Loss

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. Surmounted.NET is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Surmounted.NET servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Surmounted.NET.

Cancellations and Refunds

Surmounted.NET reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Any abuse of our staff in any medium or format may result in the suspension or termination of your services.

Customers may cancel at any time via Surmounted.NET gives you an unconditional 7 day money back guarantee on Shared, Reseller, and Virtual Server hosting, minus any fees (including licensing) paid to setup the account.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

* Bank Wire Transfers
* Western Union Payments
* Checks
* Money orders

There are no refunds on Dedicated Servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared and reseller accounts after the initial 7 days will be refunded on a prorated basis of any unused time.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

Resource Usage

User may not: a) Use 25% or more of system resources for longer then 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, Minecraft, etc
h) Run cron entries with intervals of less than 15 minutes.
i) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("") use include("include.php")

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, or suspend the account until you upgrade to a higher level of package. In extreme cases or when abuse of service is evident, we reserve the right to terminate the account and/or charge you an additional fee for the overages.

Unused transfer in one month cannot be carried over to the next month.

Service Level Agreement

Surmounted.NET's Service Level Agreement is to limit Client's unavailability to less than 5 consecutive minutes in any calendar month. Surmounted.NET will attempt to maintain hosting services for 99.99% of the available time. This availability pertains to network up-time and server availability. For lapses in availability, Surmounted.NET will credit the monthly Service fees for the Services as shown below, measured by 24-hours a day in a calendar month:

100% - 99.99% (0% SLA Credit)
99.99% - 99.95% (5% SLA Credit)
99.95% - 99.9% (10% SLA Credit)
99.9% - 99.8% (15% SLA Credit)
99.8% - 99.5% (25% SLA Credit)
Less than 99.5% (100% SLA Credit)

For Client to be eligible for such credit, Client must (a) formally request such credit in writing to the Sales Department at Surmounted.NET, (b) such request must be made within ten (10) business days after customer experiences the lapse in Service, and (c) such request must contain the Client's Service plan, primary domain, contact information, and a description of the Service interruption including log files if available. Credit to Client's account shall be Client's sole and exclusive remedy for lapses in Service. Client will be credited once per month for any aggregate credit under this Service Level Agreement.

The following reasons for outages will qualify as exclusions and any outages experienced under such circumstances will not be counted in measuring Surmounted.NET's success in meeting it's Service Level Agreement:

Outage caused by Client-provided application software installed on Surmounted.NET's Services.
Outage caused by interruption or delay in telecommunications provided by 3rd party services, including DNS propagation service.
Outage caused by any event or condition not wholly within the control of Surmounted.NET including without limitation, acts of any government body, war, insurrection or embargo.
Outage on the Service during emergency maintenance events.

Disclosure to law enforcement

Surmounted.NET may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

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