SFiles.com is a web hosting service. In order to maximize the efficiency with which we serve our customers and to protect the best interests of both SFiles.com and our customers, we require all customers to agree to the terms of this document before beginning paid service with us. By placing information on our servers, you acknowledge that you have read and understand this agreement, and agree to be bound by the terms and conditions contained herein.

2. Definitions

A "SFiles.com" refers to the web hosting service provided by Strategy Files Web Hosting. SFiles.com refers to both this service, and to its operating company, Strategy Files Web Hosting

B. "Customer" refers to you, the party requesting service from SFiles.com and using services provided by SFiles.com.

C. "The Service" refers to the service(s) provided by SFiles.com to its customers, including, but not limited to, the use of space on SFiles.com internet servers for the purpose of storing data to be transmitted across the Internet, the use of SFiles.com Internet servers to process data and return information to visitors at customer web site(s), the use of SFiles.com domain name servers to answer domain name queries for customer domain name(s), the use of SFiles.com domain name registration services to register a domain name(s), and the use of SFiles.com mail servers for sending and/or receiving electronic to and/or from others on the Internet or other data networks worldwide. Additionally, the service comes standard with an Online Control Panel, which will be disabled from time to time when maintenance is performed on our systems. If a client wants the control panel enabled, client simply needs to contact company and make this request.

D. "Annual Fee" refers to the $150 Annual Domain Registration/Maintenance Fee that each and every client must pay to SFiles.com in order to maintain web hosting service past the first year. The Annual Domain Registration/Maintenance Fee is NON CANCELABLE AND NON REFUNDABLE. The Annual Domain Registration/Maintenance Fee covers the costs associated with registering and maintaining your domain name on our servers, as well as paperwork processing, etc. 
If you are signing up for new service, this contract guarantees that your Annual Domain Registration/Maintenance Fee due one year from now will cost $150. No guarantee is made as to what the price will be for subsequent years. Annual Domain Registration/Maintenance Fees in the future can be lower or higher. Please ALWAYS read your contract, which will state what the Annual Domain Registration/Maintenance Fee is for that contract.
If you are renewing your account, this contract guarantees that your Annual Domain Registration/Maintenance Fee due one year from now will cost $90. No guarantee is made as to what the price will be for subsequent years. Annual Domain Registration/Maintenance Fees in the future can be lower or higher. Please ALWAYS read your contract, which will state what the Annual Domain Registration/Maintenance Fee is for that contract.

3. Scope of our Services

SFiles.com will provide you with services as detailed on our website at http://SFiles.com/.

4. Term of This Agreement

This agreement has a termination date of one year after accepted by customer, and services requested by you will continue to be provided until that date in perpetuity, unless terminated by you or by us as provided for in section 6 of this document.

5. Your responsibilities

A. You MUST supply appropriate payment for SFiles.com service before starting use of the service.
B. You MUST maintain a separate current copy of all data stored on SFiles.com servers on your own computer.
Backups of new/changed data and full backups are  made monthly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. The client is responsible for keeping a complete and current copy of their web site files as backup on a remote system (not on SFiles.com Web Hosting servers). 
SFiles.com Web Hosting is not responsible for any lost files, information,  or data. SFiles.com Web Hosting does not guarantee to possess the most  current copy of a client's website. If loss of data occurs due to  an error of SFiles.com Web Hosting, SFiles.com Web Hosting will attempt  to recover the data at no charge to the client. If data loss occurs  due to negligence of client in securing their account or by an action of the client, SFiles.com Web Hosting will attempt to recover the  data from the most recent archive for a $50.00 fee.
C.
1. You MUST retrieve your E-Mail from our servers within 7 days and keep your e-mail accounts clean. Any E-Mail Accounts containing e-mail that is stored on our servers for more than 7 days may be deleted without notice. Any E-Mail Account found to contain a virus will be deleted without notice.
2. You MUST retrieve your Anon-FTP files in your incoming directory from our servers within 24 hours. Any Anon-FTP files that is stored on our servers for more than 24 hours may be deleted without notice. Any Anon-FTP files Account found to contain a virus, stolen or illegal file will be deleted without notice.
D. You MUST use the service only for lawful purposes.
E. You MUST comply at all times with our policies. In agreeing, you understand that the policies can and will change periodically without notice. A complete and updated list or our policies is located publicly at:
http://SFiles.com/policies.shtml    
F. You MUST NOT use or install any type of script that does any of the following: Enable Chat, Enable Telnet Access, Redirect visitors to different parts of your site based upon the domain name (better known as redirection scripts, intended to enable users to give people their own domain names by detecting the domain name they are typing in, and then redirecting them into another section of the site... usually a directory), spamming, smurfing, sniffing, hacking, or any other illegal act.
G. You MUST allow us to contact you in any way shape or form for purposes that we deem appropriate within the constructs of US Law. SFiles.com will contact you often via email in the form of a newsletter, a notification, an advertisement, a survey, a question, an update, and any other form of email contact that SFiles.com deems necessary.
H. You MUST download to your home computer and keep any necessary backup of all raw access logs each month. In order to conserver webspace, any and all access log files from the previous month will be deleted on the first of each month.
I. You MUST not slander, libel, or publish defamatory information against us in any way or manner.
J. You MUST NOT abuse the server in any way shape or form. Abuse of the system will result in a $100 fine, and/or termination of service. Abuse is anything that causes harm to the servers or the service provided by SFiles.com.
K. You MUST PRE-PAY for any and all Traffic that goes over your monthly allowance.
You MUST pay any and all Traffic Violation Fees as soon as you have been notified of a Traffic Violation. Traffic Violations are subject to the following policy:
TRAFFIC VIOLATION POLICY: All accounts are provided with a generous 5 gigs of traffic. Traffic means website hits, uploads, downloads, anonFTP, normal FTP, E-Mail, Autoreponses, Returned E-Mail processing, Mailing Lists, FrontPage use, etc. Basically, anything and EVERYTHING that ever runs through your site counts towards your Traffic allowance of 5 gigs per month. Traffic is metered via INTERNAL software and is extremely accurate. Client does not see or use or have access to the same internal software that is used to meter Traffic. Client is provided with a THIRD PARTY Site Statistics programs that is to be used for entertainment purposes only, and is has no warranty or guarantee of any kind. The client is responsible to notify SFiles.com of any problems found with the Traffic Meter using our Tech Support ticket system. The Traffic Meter can be viewed 24 hours a day on the left hand side of the client Online Control Panel. Client is required to check Traffic Meter every 24 hours and to notify SFiles.com as soon as a problem is detected using our Tech Support ticket system. Once a problem is brought to SFiles.com attention, a SFiles.com Manager will investigate and report back to the client his/her findings. The finding of the Manager is considered FINAL, and if an amount is due, client will be expected to pay it immediately.

6. Service at Will

We reserve the right to refuse or discontinue service to anyone at our sole discretion. We may deny you access to all or part of the service if you engage in any conduct or activities that we believe violates any of the terms and conditions in this document, and/or our policies page. We shall have no responsibility to notify any third-party providers of services, merchandise or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that we have the right to monitor the service electronically from time to time and to disclose any information that is necessary to satisfy the law, or to protect ourselves or our customers. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole opinion, are unacceptable, undesirable, or in violation of this agreement or our policies.

You have the right to terminate your relationship with SFiles.com 30 days prior to your Annual renewal date for any reason. You may notify us of your desire to cancel your service, in writing, via E-mail or via US Mail to Strategy Files Web Hosting, 12814 Woodson St., Overland Park, KS, 66209. Refunds for unused portions of your service, if applicable, will be issued as provided for in section 7 of this document.

7. Refunds

SFiles.com provides you with a 30 day money back guarantee on all purchases EXCEPT the NON REFUNDABLE Annual Domain Registration/Administration Fee and ANY RESELLER PURCHASES. Reseller purchases are considered final, and no refunds will be given on ANY Reseller purchase. In addition, ANY AND ALL FINES or Additional Fees that you incur while using our service including but not limited to Spamming Fines, Traffic Overage Charges, Abuse Fines are NOT REFUNDABLE and are NOT CANCELABLE in ANY WAY. If you request and receive a Refund for your purchase, and you have not paid ALL of your Fines and/or Additional Charges, you will leave with a BALANCE DUE. Balance Due means that you will NOT be given access to files stored on our servers, and if you ever return to host with us, you MUST pay all Balance Due BEFORE you can host with us again. In addition, if you receive a refund for your $150 NON REFUNDABLE Annual Domain Registration/Administration Fee, you will leave with a BALANCE DUE, meaning, you will leave OWING us $150 and the domain name that we paid for and registered for you will be the sole property of SFiles.com, and if you want to use the domain in the future you will have to purchase it from us for the amount $150 for one year domain registration.

Refunds resulting in OUR decision to terminate your service (as per section 6 of this document) will be issued or not, at our sole discretion.

8. Indemnification

You agree to indemnify, defend, and hold harmless SFiles.com and Strategy Files Web Hosting from any and all liabilities, penalties, losses, damages, costs, expenses, attorney's fees, causes of action or claims caused by or resulting directly or indirectly from your use of the service which end up damaging either you, SFiles.com, Strategy Files Web Hosting ., or any other parties or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection, site content, site data, email, files, and any other web site content of any kind.
You agree to indemnify, defend, and hold harmless SFiles.com and Strategy Files Web Hosting from any and all liabilities, penalties, losses, damages, costs, expenses, attorney's fees, causes of action or claims caused by or resulting directly or indirectly from SFiles.com providing Support, Tech Support, or Customer Service to you, or your site which end up damaging either you, SFiles.com, Strategy Files Web Hosting, or any other parties or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection, site content, site data, email, files, and any other web site content of any kind.

9. Warranties

A.
Aside from said uptime guarantee, SFiles.com makes no warranties or representations of any kind for the services being offered. The service is provided on as "as is" and "as available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, non infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by SFiles.com or its agents or employees shall create a warranty. SFiles.com provides not warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall SFiles.com be liable for any direct, indirect, special, punitive or consequential damages that result in any way from your use of or inability to use the service, or for third parties use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties reliance on or use of information, services, or merchandise provided on or through the service, or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with SFiles.com service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
99.9% Uptime Guarantee: SFiles.com guarantees that its internet backbone will stay up 99.9% of the time. If in any given month, the backbone does not stay up for at least 99.9% of the time - SFiles.com will upon client providing sufficient proof of the outage provide client with one free site submission to a minimum of 50 search engines/classified ads sites. Service outages not relating to the internet backbone including but not limited to client local ISP outage, hackers, acts of god, war, server hardware failures, client computer outages, etc are not covered by this guarantee. In order to redeem guarantee, send an email to support1@sfiles.com with the exact dates and times of outage including proper traceroute showing the domain is inaccessible.
30 Minute Account Setup Guarantee: SFiles.com guarantees that it will setup your account within 30 minutes. If we do not, SFiles.com will upon client providing sufficient proof of the failure to setup your account within 30 minutes provide client with one free site submission to a minimum of 50 search engines/classified ads sites. In order to redeem guarantee, send an email to support1@sfiles.com with the exact date and time.

B.
SUPPORT

SFiles.com will provide basic technical support via Technical Support Ticket on the following issues/subjects:

• Site Access
• E-Mail

SFiles.com will NOT provide any technical support OF ANY KIND on the following issues/subjects:

• Free Parked Domains
• Free Sub-Domains
• Free Extra FTP Logins
• 3rd Party Scripts
• Coding of ANY kind, including html, php, mysql, perl, etc.
• Pre-installed scripts on our servers including but not limited to:
  Guestbook
  Chat
  Counter
  Shopping Cart
  BBS/Bulletin Board
  Search Engine
  Banner Rotator
• MIVA

10. Free Domain Name Information And Instructions

SFiles.com provides each and every fully paid 600 meg web hosting account with opportunity to receive a free .com, .net, or a .org domain name. You can read the Free Domain Name policy that is PUBLICLY LOCATED HERE:
http://SFiles.com/free_domain.shtml 

11. Renewal

In order to renew this contract, you must pay a $90 Annual Domain Registration/Administration Fee.
No guarantee is made as to what the price will be for subsequent years. Annual Domain Registration/Maintenance Fees in the future can be lower or higher. Please ALWAYS read your contract, which will state what the Annual Domain Registration/Maintenance Fee is for that contract.

12. Notice Under the Electronic Communications Privacy Act (ECPA)

SFiles.com reserves the right to monitor any and all communications through or with our facilities. You agree that SFiles.com is not considered a secure communications medium for the purposes of the ECPA, and that no expectation of privacy is afforded.

13. Prior Agreements

This agreement supersedes any written, electronic or oral communication you may have had with SFiles.com or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

14. Severability

If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent required to make it enforceable.

15.Jurisdiction

This agreement shall be governed by the laws of the State of California.

16. Acknowledgement

By placing and continuing to maintain or place information on SFiles.com servers, you are stating and acknowledging that you have read and understand the terms and conditions of this document and agree to be bound by them.