Legal

By using any of our products or services you automatically agree to all of our Terms below:

Master Service Agreement
Revised May 20th 2017

This Master Service Agreement shall constitute a binding contractual agreement between Sudo Spartans, LLC and the subscriber of services (“Client”). The Master Service Agreement shall include the Terms of Service, Standard and Services, Support Policy and  Privacy Policy. Client agrees to be bound to all agreements found herein.

Terms of Services
Revised May 20th 2017

Terms of Service

All Services offered by SUDO SPARTANS are provided subject to the following terms and conditions.

WARNING: BACK UP YOUR DATA! IT IS YOUR RESPONSIBILITY:

SUDO SPARTANS is NOT responsible for the loss of any data, software or files from your computer or network.  You understand and agree that prior to requesting and/or allowing SUDO SPARTANS to diagnose, repair or perform any other services on your computer(s), disc(s), drive(s), peripheral(s), and/or network(s), etc. (collectively referred to herein as your “system”), it is your sole responsibility to back-up ALL data, software, information and all other files stored on your system. You acknowledge and agree that. SUDO SPARTANS shall not be responsible under any circumstance for any loss, alteration, or corruption of any part of your System, including but not limited to your data, software, and/or other files.

SERVICES, FEES, AND SCOPE OF SUPPORT:

General services, except as otherwise provided herein, SUDO SPARTANS will perform all diagnostic and other services that you request and that, SUDO SPARTANS believes to be necessary to upgrade or repair your system (referred to herein as the “services”). Services may also include software and/or hardware installation and/or service, computer backup, system optimization, virus cleaning, and similar services. SUDO SPARTANS will attempt to diagnose your system problem, propose a solution, and provide an estimate of the costs of such solution. In certain cases, however, problem diagnosis and support may not be available due to problems with your system or its configuration that are beyond our control or ability. In the event the problems with your system are hardware based. SUDO SPARTANS will discuss the issue with you and you will determine how to repair the hardware. Diagnostic fees will still be applicable. Please note that. SUDO SPARTANS does not perform warranty service or repairs on any hardware that is under the manufacturer’s warranty.

Software. In some cases, the solution to your system’s problems may necessitate or be improved by additional software. If so, SUDO SPARTANS may suggest that you purchase additional software downloads. In such event, SUDO SPARTANS may either download and bill you directly for the software or may transfer you to a third party who will provide you with information about the software and who will collect your payment information.  In either case, you acknowledge and agree that. SUDO SPARTANS does not warrant or make any representation about any services or software provided by any third party.

ACCESS:

In order for us provide our clients with the best services and prior to providing any services, SUDO SPARTANS must have:

  1. access to your residence or business and the Systems to be serviced.
  2. your consent and cooperation to enter your residence or business.
  3. a safe working environment and work space.
  4. electrical power.
  5. all System passwords. (including all operating system, network and all other passwords)
  6. all operating system and software discs and key codes and any other items or conditions reasonably necessary for SUDO SPARTANS to provide the services.

If. SUDO SPARTANS determines that these conditions have not been met, services will be discontinued and a $95.00 cancellation charge assessed. For on-site services, a person at least 18 years of age must be present during the entire time period Services are provided. If no adult is present when. SUDO SPARTANS arrives, Services will not be provided and a $95.00 cancellation fee will be charged. If. SUDO SPARTANS’ ability to render services is impaired by you and/or circumstances beyond the control of. SUDO SPARTANS.

SUDO SPARTANS may choose not to provide or to discontinue such services. SUDO SPARTANS shall not be liable for any failure or delay in performance due to any cause beyond its control and a $95.00 cancellation fee will be assessed.

SERVICE HOURS & TERRITORY:

  1. Hours, our normal business hours are from Monday 8:00 to 5:00 PM Tuesday to Friday from 8:00 A.M. to 7:00 P.M., Saturday Closed Sunday Closed. Emergency, rush, and after hour rates for rapid response or service outside of standard hours available at additional costs. Weekends are only on reserve in case of a OUTAGE. If no outage is found client will be bill $150 flat fee.
  2. Territory, SUDO SPARTANS prides itself in providing a sustainable solution to your IT support needs. To help out the environment, we do not use paper products we are a ECO-friendly company. SUDO SPARTANS Territory is limited to Avon, Brownsburg, Carmel, Danville, Greenwood, Franklin, Fishers, Plainfield, and Zionsville and Downtown INDY City Limits. If a location lies beyond 5 miles out of the city limits, A 35$ fuel cost will be applied to the client’s bill. SUDO SPARTANS Territory, we may need to travel by car and additional costs will apply.

ORDERING AND PAYMENT OF SERVICES:

Services may be ordered by anyone over the age of 18 by calling (317) 203-9442 and scheduling an appointment. SUDO SPARTANS reserves the right to accept or decline any order and to refrain from providing any services in its sole discretion for any reason, including that your technical needs or other requirements are beyond the scope of the Services SUDO SPARTANS offers. Payment for all services is due at the time the services are rendered.  All invoices are due upon receipt.  Payment for any hardware or software ordered at our customer’s request is due in advance.  SUDO SPARTANS accepts, cash, checks (only if approved by SUDO SPARTANS Management Team), Square, PayPal, Certified Checks and credit cards. There will be a $80 fee in the event any check is not honored.  SUDO SPARTANS reserves the right to suspend Services to and to retain any customer equipment in SUDO SPARTANS possession in the event any customer has an outstanding overdue balance. SUDO SPARTANS charges 20 % interest on all accounts over 30 days.  In the event SUDO SPARTANS retains a collection agency or attorney to collect any sums due it, you agree to pay all costs of collection, including reasonable attorney fees.  SUDO SPARTANS prices and these Terms of Service are subject to change without notice.

CHANGES, CANCELLATIONS AND REFUNDS:

To change or cancel any appointment, you must contact SUDO SPARTANS at (317) 203-9442 at least 24 hours prior to the scheduled service. If appointments are not canceled or changed at least 24 hours in advance a $95.00 cancellation fee will be charged. If you are not satisfied with SUDO SPARTANS Services, please call us to discuss your concerns. Except as otherwise provided herein (for example, repairs necessitated by a virus or spyware), we stand behind our services for 15 days. If there is a problem with the service we provided and you notify us within the allotted time and warranty period, we will work to remedy the problem quickly.

WARRANTY:

In servicing your system, SUDO SPARTANS warrants that services will be performed in a professional and timely manner. Most services are warranted for a period of 30 days, except that THERE IS NO WARRANTY FOR REMOVAL OF VIRUSES, SPYWARE, ADWARE OR MALWARE, AND ALL WARRANTIES ARE VOID IF YOU HAVE TAMPERED WITH OR MODIFIED THE SYSTEM AFTER SERVICES HAVE BEEN

RENDERED. THERE IS NO WARRANTY ON WEB HOSTING, DOMAIN NAMES, WORDPRESS, WORDPRESS PLUGINS, OR ANY OTHER WEB SERVICE SYSTEM AFTER SERVICES HAVE BEEN RENDERED. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL SERVICES PERFORMED FOR YOU BY SUDO SPARTANS.

LIMITATIONS OF LIABILITY:

EXCEPT AS PROVIDED HEREIN, SUDO SPARTANS MAKES NO REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING ITS WORK, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY, QUALITY, OR FITNESS FOR A PURPOSE.  IN NO EVENT SHALL SUDO SPARTANS, AND/OR ITS RESPECTIVE SUPPLIERS, BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER SIMILAR DAMAGES OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF MATERIALS AVAILABLE FROM THE SITE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES COULD HAVE BEEN FORESEEN BY SUDO SPARTANS. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT SUDO SPARTANS. TOTAL LIABILITY FOR DAMAGES RELATED TO ITS SERVICES IS LIMITED TO THE TOTAL AMOUNT YOU PAY FOR THE SERVICES RENDERED BY SUDO SPARTANS.

SUDO SPARTANS IS NOT LIABLE FOR LOSS, ALTERATION, ORCORRUPTION OF ANY SOFTWARE, DATA OR FILES OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT OR OTHER PRODUCT SERVICED BY SUDO SPARTANS.

INDEMNIFICATION:

As partial consideration for SUDO SPARTANS providing services, you agree to hold SUDO SPARTANS, its owners, directors, managers, officers, employees, representatives, and agents harmless from any and all damages, costs, and expenses incurred as the result of any defect or damage to your system and to any software or data residing or recorded in your system, whether incurred during the course of SUDO SPARTANS services or otherwise. If any service involves transferring information or installing software, you represent that you have the legal right to copy the information, to use the software and agree to the terms of the software license, you authorize SUDO SPARTANS to transfer the information and accept such terms on your behalf in performing such Service, and you indemnify and hold SUDO SPARTANS harmless from any damages or liability that it incurs related to such software.

TITLE EQUIPMENT ABANDONMENT:

All goods provided by SUDO SPARTANS shall remain the property of SUDO SPARTANS until paid for in full.  It is your responsibility to pick up any hardware or other equipment from SUDO SPARTANS within 30 days of notice from SUDO SPARTANS. Any equipment left longer than 30 days will become the property of SUDO SPARTANS and may be disposed of at our sole discretion. These Terms of Service shall be governed by and enforced in accordance with, the domestic laws of the State of Indiana without giving effect to any choice of law provision that would cause the application of the laws of any jurisdiction other than the State of Indiana, irrespective of the fact that any one of the parties now is or may become a resident of a different state or nation.  All disputes arising out or in connection with the services rendered by SUDO SPARTANS, if not settled amicably between the parties within thirty (30) days of notification of such dispute shall be settled by litigation.  Each of the parties submits to the jurisdiction of any state or federal court sitting in Lexington or any other city in Indiana, Indiana, in any action or proceeding arising out of or relating to the services provided by SUDO SPARTANS and agrees that all claims in respect of the action or proceeding may be heard and determined in any such court.  Each of the parties hereby waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought and waives any bond, surety, or other security that might be required of any other party with respect thereto.

RETAINER/MAINTENANCE:

Either party may cancel a retainer or maintenance agreement upon thirty (30) days advance written notice to the other party.  If Client has paid in advance for any Services, which Services have not been performed at the time of cancellation, such payment shall be prorated to the effective date of such cancellation and a refund of the remainder of the advance issued after subtracting all costs and expenses incurred by SUDO SPARTANS arising out of and/or related to the closing and/or transferring of Client’s account.  Nothing herein is intended to, nor shall, excuse Client from payment in full for all Services performed by SUDO SPARTANS. Client will be expected to use 50% of the retainer hours by the end of the quarter. If 50% of the hours are not used, that percentage of hours will be credited to SUDO SPARTANS.

CLIENT LIABILITY:

SUDO SPARTANS reserves the right to modify these terms of agreement without notifying clients. It is the client’s responsibility to review this policy as frequently as possible via SUDO SPARTANS

Website: (http://sudospartans.com/legal).’ Or requesting one from an official SUDO SPARTANS staff member.  all rights reserved. Unauthorized reproductions and, or copying of this document and any others is illegal. If found please send email to legal@sudospartans.com

PRIVACY:

SUDO SPARTANS adheres to the industry standard practices for keeping our clients’ data secure. All employees of SUDO SPARTANS sign binding confidentiality agreements to ensure they maintain privacy while dealing with client data. Questions? Please call us (317) 203-9442

Support Policy
Revised May 20th 2017

At Sudo Spartans, we believe that first class support is the key to our clients’ success. The purpose of this support policy is to make clear what our support covers, how to obtain it, and what we expect of clients. Our aim is to ensure that any support issue is resolved quickly, and to the best of our ability, while continually seeking to improve the overall quality of our services.

All Sudo Spartans subscriptions include the following methods of support:

Support Request Tickets

This is our primary means of providing support to our clients. Submitting a support request ensures your issue receives immediate attention and quick resolution by our dedicated in-house support team, while giving us the ability to accurately track and audit your request. If our technical support team needs to log-into your account for review, we will require that you submit a support request. Support requests can be filed from the home menu (SUPPORT – IT SUPPOPRT CENTER) Submit Support Request.

Please do not submit multiple support requests regarding the same issue, as this does nothing but create confusion and slow down resolution. Existing requests (including all “closed” requests) can be easily updated (and/or re-opened) as needed. Once you have a case on file, please reference this case in all communications.

Support Request Severity Levels

All cases are screened for severity levels, and are assigned service priority based on the severity of the issue or request. Sudo Spartans will have final say on the severity level assigned to any request, as it impacts the allocation of development time and company resources. Please do not be offended if we change the severity of your requests based on our detailed review and assessment of an issue.

Support Hours and Response Times

Our technical support team is committed to providing superior support service, and is available Monday to Friday, 9am – 5pm Eastern Standard Time. We typically answer inquiries within a few hours, and within one to two business days at most.

Import Note: Please limit your responses to one topic per support request. You’ll receive a faster and more accurate result.

While we will always try, and provide support on most subjects where we have the expertise, our support is only provided in relation to the products and services supplied. It does not extend to topics including (but not limited to) domain management, custom HTML done by your programmers, legal or tax questions, etc.

Emergency and After Hours Support

Nights and Weekends Only emails at oncall@sudospartans.com

Please call only in case of a serious after hours’ emergency that involves a server outage, website availability, payment gateway issue, security violation, or other serious problem. This number will connect you to our answering service who will collect contact information and pass it on to a member of the technical support team. A minimum $50 per hour service fee applies for use of this after hours support coverage. In cases where there is a major system bug or service issue on our end, this fee will be waived.

Please use support requests or contact us via online chat for all support related issues that occur during normal business hours. For issues that come up after hours that do not require immediate attention, please submit a support request and we will review the issue on the next business day.

Knowledge Base

More than just FAQs, the Sudo Spartans Knowledge Base aims to help you answer your questions quickly and easily by providing a comprehensive resource of articles and advice relating to all aspects of our service.

Online Tutorials and Guides

Our collection of user guides and online tutorial videos help provide a better understanding of our services. We are constantly working to improve these guides.

Live Chat

Live Chat provides the ability for you to “talk” directly (via messenger style text) to a member of our support team. This method of support can be used for quick or simple queries, where we do not need to log into your account. You will be asked to submit a support request regarding your issue if we cannot help you immediately or if we need to log into your account. Live Chat is generally only available during office hours, 9 am – 5 pm EST.

Feature Requests

We are continuously adding new features to Sudo Spartans‘s products and services. Sudo Spartans services become better and better due to the suggestions, ideas, and requests we receive from our customers. We appreciate all feedback and suggestions, so please keep the ideas coming. Some of our best features are based on customer requests.

Because of the number of suggestions and feature requests we receive, and because of the challenges in scheduling software development, we cannot guarantee when or if a suggestion will be implemented.

Please be patient with us, and understand we cannot give you a date when a feature will be implemented, or even a commitment as to whether a feature will be implemented.

Phone Support

All support for our products and services is provided online via our support request system. Customers phoning Sudo Spartans for any issues relating to technical support will be kindly asked to submit a support request or chat with our team online. If you prefer to receive phone support, you may purchase a phone support package.

System Maintenance

We strive to make our network and online systems highly reliable and available. Toward this end, we must periodically bring down systems for service, software updates, repairs, routine maintenance and performance tuning.

While this work is essential, we also recognize that it presents an inconvenience for those of you who use our online systems. We will post notices of scheduled maintenance in the administration area and to our system status blog at least 24 hours in advance of the maintenance period. You can also signup on the blog to receive email notifications.

Standards and Services
Revised May 20th 2017

We publish our Standards of Service as an easy to read, plain-English frequently asked questions on the how, why, and wherefore of our customer service, and what you can expect from us when you purchase our products or services.

Our Commitment To Privacy

Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.

Payment

We accept Visa, MasterCard, American Express, Discover credit cards and PayPal.

We review all orders to protect both you and us from fraudulent transactions. This means that there is sometimes a delay in processing your order (up to one business day) however during business hours expect a one hour activation time. Feel free to contact customer support for order status.

Payment terms are net 10.

You must contact us with any billing questions or discrepancies. Performing a chargeback or dispute with your card issuer will result in immediate and permanent account termination.

Hours of Operation

Our hours of operation M-F 8AM-5PM. Saturday on call Only, Sunday – Off While we answer support tickets during off hours’ certain types of requests such as billing, customer service, and advanced support are examples of issues that may require advanced services only available during business hours. Web Management and Hosting customers have the option of after-hours emergency support if their site is not responding.

Web Management and Emergency Technical Support

We staff our system 24/7/365 but only answer general technical support questions during normal business hours. If you are a Web Management or Hosting customer and your site is offline after hours at any time you can submit an emergency support request which will instantly page our after-hours techs.

Support Standards

Our average response time is less than 24 hours but, depending on the nature of your request, it may take up to two business days for your issue to be addressed. Our technicians will work to keep you updated on your request’s progress.

You can always view your existing tickets to see the progress of your request or what department your ticket has been assigned to. After a ticket, has existed for 48 hours, you may request that your ticket be escalated for management review if you feel your issue is not being resolved properly. Billing, customer service, and special requests will only be answered during normal business hours.

 

Our staff will often need access to your website or server file system to diagnose a support issue. If you cannot or will not provide such access: support will be limited or unavailable.

 

Our technicians use web-standard methods such as FTP, SSH, and SCP to access servers when we may need to diagnose. We may not be able to use other methods for access.

 

Web Design Clients
Sudo Spartans reserves the right to suspend a client’s website If the Development team feels this ongoing project was abandoned. An ongoing project is one that has not been marked paid in full

 

MISCELLANEOUS

Sudo Spartans reserves the right to publish a selected list of users of our Services. Sudo Spartans reserves the right to change the terms of this Agreement at any time. Changes to the Agreement will be announced via email using the email notification list. Failure to receive notification of a change does not make those changes invalid. A current copy of this Agreement will be available on the Sudo Spartans web site.

 

PROPRIETARY LABELS

Authorization to remove or modify output of copyright notices can be obtained from Sudo Spartans for a small fee. This fee authorizes you to remove the output of copyright notices: it does not give you authorization to remove any copyright notices in the source files or any other rights.

 

GOVERNING LAW

This Agreement shall be governed by the Laws of the Kentucky and the Laws of the United States of America. Any action regarding this Agreement or arising out of its terms and conditions shall be instituted and litigated in the Hendricks County Courts. Each of the parties’ consents to jurisdiction in such Court and agrees that service of process as provided by the states and rules of civil procedures of the Indiana shall be sufficient. (FTB)

 

MANUFACTURER

 

Sudo Spartans, LLC. For questions, write to the above address, or email legal@sudospartans.com

Web Host Terms Of Services (TinkerHost)
Revised May 20th 2017

Terms Of Services

TinkerHost. Web Hosting Terms of Service

In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process. For clarity, on this page, the term “services” refers to the web hosting and other services that we will provide to you and, if you are an Affiliate, the services we provide to you in connection with that program. The term “TinkerHost.” or “us” or “we” refers to TinkerHost. .

Permission to Host Your Content

For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website. Please note that even though you upload a copy of your content to our servers, you must always retain a back-up copy of your content, data bases and other web-files, as in effect from time to time, so you can reload them in the event of any technical issues, such as server problems, technical or system related issues, loss of that content from our servers, etc.

Personal Information

When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. We take your privacy very seriously, and as such, will not sell your personal information to third party (other than a company that may purchase TinkerHost.), and will take reasonable steps to keep it from being disclosed to any third party. By proceeding to use our service you consent that we may process the personal data (including sensitive personal data) that we collect from you in accordance with our Privacy Policy. In particular, we may use information we hold about you for the purposes of [internal review, to improve the content of our website, to customize the content and/or layout of our web page for each individual visitor]. Please address any questions, comments and requests regarding our data processing practices to Support.

Backups

We will make every attempt to retain nightly backups for our shared & reseller hosting services. However, as with any data storage systems, backups can fail. We encourage you to perform your own backups on a periodic. Because the Services permit Users to electronically transmit or upload content directly to the User Web site, User shall be fully responsible for uploading all content to the User Web site and supplementing, modifying and updating the User Web site, including all back-ups.

* TinkerHost. shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site.

* User is solely responsible for making back-up copies of the User Web site and User Content.

* TinkerHost. cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a back-up of a Web site will always be available. Users should always keep up-to-date copies of all such materials and content to a local computer and TinkerHost. strongly suggest that Users regularly make additional copies (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of such files, content or materials.

Acceptable Use/Illegal Activity

TinkerHost. strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:

* Hacking, this includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card “phishing” techniques are also prohibited.

* Hosting of files or other data that infringes on another’s copyright or other intellectual property rights.

* Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.

* Uploading or linking to any content that violates another’s right of publicity or privacy.

* Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory;

* Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.

* Hosting large amounts of data not specifically tied (“linked”) to your hosting account. TinkerHost. encourages users looking for file storage/backup solutions to seek other services that specialize in this.

*No Game Server (e.g Minecraft Server) on our vps plan.

A detailed Acceptable Usage Policy (AUP) can be found here.

Content

All services provided by TinkerHost. may only be used for lawful purposes.

The customer agrees to indemnify and hold harmless TinkerHost. 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. If you believe that your copyright or trademark is being infringed upon, please contact our Abuse Team with the information required to prove you as the rightful owner.

Examples of unacceptable material on all Shared/Reseller Hosting servers include :

IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez/Torrents, affiliate servers, top sites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), Auto Surf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to Warez/Torrent content are prohibited. Offering video and/or audio streaming or downloads, MP3 Files, Games and shareware is also not permitted on any TinkerHost. server(s). Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.

Examples of unacceptable material on VP/Dedicated servers include:

Pirated Software / Warez/Torrents, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), Auto Surf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute Warez/Torrent content are prohibited. Gameservers (e.g., Minecraft) are prohibited on our servers due with the level of CPU abuse we’ve seen originating from them. Services that utilize CPU idle time such as Folding@Home are strictly forbidden. TinkerHost. services, including all related equipment, networks and network devices are provided only for authorized customer use. TinkerHost. does not monitor or prescreen content that customers post on their websites. Further, TinkerHost. does not systematically monitor the content that is submitted to, stored on or distributed or disseminated by User via the Service (the “User Content”). However, at our discretion from time to time, systems usage may be monitored for all lawful purposes, including ensuring that use is authorized and in compliance with our terms and conditions and standards, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During usage monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of TinkerHost. system(s) constitutes consent to such system monitoring for these purposes. However, any material that, in our judgment, could be considered adult content, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 24 hours. If in doubt regarding the acceptability of your site or service, please email our Abuse department 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, and reported to local authorities. Resellers: We will suspend the site in question and will notify you so you may terminate the account. Failure to comply with our terms and conditions or with any notice we send to you may result in the immediate termination of your account.

Direct customers: Your services will be suspended/terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When, if at all possible, set permissions on most directories to 644 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password. All files over 10MB must be linked from files within the same account and also publicly available through any domain name attached to your account. Large files (files over 10MB) should not take up more than 40% of the data on your hosting account.

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account suspended or terminated 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 IP space being blacklisted will be immediately suspended and/or terminated. TinkerHost. 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. TinkerHost. reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of TinkerHost. .

Bandwidth, Disk Usage, Email and FTP accounts and other Unlimited Resources

TinkerHost. provides Users with bandwidth, disk space and other resources, such as e-mail, mysql databases, and/or file-transfer-protocol (“FTP”) accounts, the amount of which is defined in TinkerHost.’s web pages describing the package of Services purchased at the time of purchase. In some cases, TinkerHost. may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as “Unlimited”. In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. TinkerHost. reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User’s plan. User agrees that such usage shall not exceed the amounts set by TinkerHost. for the Services purchased (the “Agreed Usage”) and is additionally subject to normal usage guidelines established by TinkerHost. as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User’s active electronic mail services related solely to User’s web hosting account(s) with TinkerHost. . Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion. TinkerHost. may monitor User’s use of bandwidth, disk usage and other resources. TinkerHost., in its sole discretion, shall have the right to take any corrective action if User’s utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, or normal usage by our typical shared hosting customer, resource usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User’s Web site, User Content, User’s electronic mail and e-mail services and/or other materials and services or termination the User’s account and of this Agreement, which actions may be taken in TinkerHost.’s sole and absolute discretion.

Unlimited Domains

Unlimited domains refer to sub domains, parked domains and add-on domains. In all cases (even those described as “unlimited”), the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. TinkerHost. reserves the right to suspend, discontinue or delete the accounts of Users whose use of unlimited sub domains, parked domains and add-on domains results in or presents the risk of degradation of service to other customers, regardless of the amount of domains included in the User’s plan. User agrees that such usage shall not exceed the amounts set TinkerHost. for the Services purchased (the “Agreed Usage”) and is additionally subject to normal usage guidelines established by TinkerHost. as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User’s active electronic mail services related solely to User’s web hosting account(s) with TinkerHost.. If TinkerHost. takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User’s Web site, User Content and/or User’s electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes. User may not utilize: *the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;

*the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;

*the Services to traffic in illegal drugs, gambling, adult content, obscene materials or any other products or services that are prohibited under applicable law;

*the Services to export encryption software to points outside the United States in violation of applicable export control laws;

*the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message;

If TinkerHost. learns or discovers that User is violating any law related to User’s Web site, User Content and/or User’s electronic mail services, use of bandwidth, disk usage or other resources or Agreed Usage, TinkerHost. may be obligated to or may in its discretion inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User’s Web site, User Content and/or User’s electronic mail. User is responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure the Web site does not violate such requirements or exceed normal usage limits, Agreed Usage, or other limits allocated for the account(s) and otherwise complies with this Agreement. TinkerHost. will use commercially reasonable efforts to e-mail Users who are at or near their utilization limits, but TinkerHost. does not take responsibility if e-mail notification(s) is not received by the User. TinkerHost. reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the any such allotment.

Shared/Reseller Hosting Resource Usage

User may not:

*Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc;

*Run P2P daemons;

*Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers;

*Run any software that automates communications on an IRC (Internet Relay Chat) network;

*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;

*Participate in any file-sharing/peer-to-peer activities

*Run any gaming servers such as counter-strike, half-life, battlefield1942, etc without permission from TinkerHost.;

*Run cron entries with intervals of less than 5 minutes

*When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)

While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server’s CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.

VPS Hosting Resource Usage:

User may not :

*Abuse the fair share CPU policy. We are constantly monitoring our servers and we request you keep your server load below 5.00 to keep our servers stable for everyone. You can check your server load via SSH using the command “uptime” without quotations.

*Run P2P daemons;

*Run any software that automates communications on an IRC (Internet Relay Chat) network;

*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 VPS servers;

*Participate in any file-sharing/peer-to-peer activities

*Run any gaming servers such as counter-strike, half-life, minecraft, battlefield1942, etc without permission from TinkerHost.;

When the Services Will be Available

We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service. We guarantee a 99.9% uptime.Guarantee As we explain in this paragraph, we offer you a 30-day Money Back Guarantee only on all shared & reseller hosting plans. Upon cancellation of your account, you may request a refund for the remainder (un-used portion) of your term, excluding any setup fees that were charged when you signed up, and excluding domain registration fees. (Even if you received your domain for free through one of our promotional plans). All refunds are subject to a $20.00 domain registration fee charge; however upon payment of such charge you will have the opportunity to continue to register and renew registration of your domain name after cancellation of your account. To cancel your account, just login to the account billing portal and navigate to Portal Home > Client Area > Services > Product Details then down the bottom of your screen click ‘Request cancellation’. From then on you can select weather you want the cancellation to be effective immediately or at the end of the billing period. TinkerHost. also reserves the right to cancel your account with 24 hours notice should an event occur in which proper evidence exists that a customer was exceptionally rude or vulgar in communications with our staff.

Cancellations and Refunds

We reserves the right to cancel any account at any time with or without notice.

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

Customers may cancel at any time via the cancellation form (from your client area under “My Services” look for server to be cancelled and then click on the page icon on the right and then scroll down the page and click Request Cancellation) You need to cancel before the next invoice is generated as any outstanding invoices must be paid beforehand or the request will be denied until invoices are paid. We will not issue a refund, unless it is within the 30-day money back guarantee PERIOD, on Shared Hosting, Reseller Hosting, and Semi Dedicated Hosting. Refunds can only be issued for direct hosting services. Domain services, VPS, Dedicated servers, SSL etc are non refundable under any circumstances. Please note any cancellation request will not be accepted if their are any outstanding invoices on your account, as these will all need to be paid before an account can be cancelled.

Members acknowledge that any Paypal dispute opened AFTER services have been supplied will be classed as a deliberate act of theft. All such cases WILL be reported to the appropriate law enforcement, and we WILL seek damages for any costs that we incur as a result of such actions.

Members acknowledge that we do not authorize full or partial refunds, on Paypal disputes, once an account has been activated. This applies to both monthly and yearly payment plans.

Violations of the Terms of Service will result in termination of your account and no refund will be issued.

Non-Payment

If more than 5 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account and charge a 20% late fee, which means that your data, files and website will become in-active and cannot be accessed. If in the following 29 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again immediately. You must have an active method of payment upon you account for your auto renewal at all times, failure to do so can result in your account being suspended or cancelled automatically. If, however, 30 days pass from the date on which your account is suspended and you have not made payment in full, TinkerHost. shall have the right to delete all data you have uploaded to the servers. To summarize, if you get 30 days behind in making payments, your data will be deleted. You hereby acknowledge that this is TinkerHost.’s policy when it comes to data retention, and waive all rights in and to your data in these situations. Invoices for renewals will be issued 14 days in advance and charged up to 5 days in advance to ensure that we receive cleared funds for the continued hosting service and domain renewal. TinkerHost. is unable to process orders placed using virtual/pre-paid/gift cards as we are unable to accurately verify them. In such cases it is advised that you pay through a PayPal account if you have no other valid credit card to make the payment from. These Terms of Service May Change Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made. We have the right to, add, delete, or modify these terms without prior notice.

DMCA Copyright Infringement Information

In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) the following information:

* an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

* a description of the copyrighted work or other intellectual property that you claim has been infringed;

* a description of where the material that you claim is infringing is located on the site;

* your address, telephone number, and email address;

* a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

* a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Changes to the Terms of Services

We reserves the right to revise its policies at any time without notice.

Indemnification

If TinkerHost. is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pick up the tab if TinkerHost. is found liable or pays to settle the dispute. In legal terms, this is called “indemnification”. Not only do you agree to reimburse TinkerHost. For what it pays to satisfy a judgment or settle a case, you also agree to pay TinkerHost.‘s reasonable attorney’s fees and all other costs TinkerHost. incurs in defending itself.

Disclaimer of Warranties

You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. TinkerHost,LLC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TinkerHost,LLC. MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. TinkerHost.LLC. DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.

Limitation of Liability

Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, TinkerHost,LLC. cannot be held liable for it. IN NO EVENT SHALL TinkerHost,LLC. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF TinkerHost,LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for a 3-month period for the services in dispute purchased from us, or, in the event of liability of TinkerHost,LLC. due to your enrollment in the affiliate program. Governing Law and Choice of Form The laws of United States, the State of Kentucky will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Lexington, Kentucky. By using TinkerHost. services you agree to the above terms of service as in effect from time to time.

Privacy Policy
Revised May 20th 2017

Sudo Spartans is committed to the privacy of both customers and users of the  website.This privacy policy governs the manner in which Sudo Spartans uses, maintains and discloses information collected from users of the Sudo Spartans website.

Privacy:

Sudo Spartans is committed to developing a long term relationship with users based on trust. Sudo Spartans will do everything in it’s power to ensure that users and customers privacy is maintained and protected. This website is not directed at children younger than fourteen (14) years of age.

Information:

Sudo Spartans may request or collect personal information from online users in a variety of ways, including through the use of online forms for ordering services and products, and other instances in which users are requested to volunteer such information. The information Sudo Spartans collect is personal information that identifies you personally, such as:

  • Your name,
  • E-Mail address(es),
  • Postal Address(es),
  • Telephone, mobile or facsimile numbers,
  • URL(s),
  • Credit Card information,
  • Other necessary billing information,
  • IP Address(es),
  • Other necessary information to customise the user experience

Sudo Spartans may also collect information on how users access and use the website by using tracking ID unique to each user through the use of cookies.

What are cookies?

A cookie is a piece of data stored on users computer.  The cookie is tied to our website containing information about the user.Sudo Spartans may use both persistent cookies and session ID cookies to help customize the user session. A sessions ID cookie will be erased from your computer once you logout or close the browser. A persistent cookie is a small text file which will be stored as a text file on your computer for an extended period of time. Your browser manual or help text contains instructions for removing persistent cookies. Session ID cookies may be used by Sudo Spartans to track user preferences while the user is visiting the website. The session ID cookies will also help minimize the website loading time and cut down on server processing time. Persistent cookies may be used to store, for example whether or not you want your password remembered, or similar information regarding the website. Cookies used on the Sudo Spartans contain no identifiable information.

Log files:

As standard, Sudo Spartans uses log files. This information includes internet protocol (IP) address, browser type, internet service provider (ISP), referring/exit pages, platform or operating system (OS) type, date/time stamp, and number of clicks to analyse trends, administer the site, track user’s movement in aggregate, and gather broad demographic information for collective use. However none of the information stored in the Sudo Spartans log files is linked to personally identifiable information.

How information is used:

Sudo Spartans may be use the personally identifiable information collected by Sudo Spartans Technologies to contact customers regarding products and services offered by Sudo Spartans  and, to the extent the user has agreed to it, by its trusted affiliates, independent contractors and business partners. Sudo Spartans may use this information for research purposes regarding the effectiveness of the website services, marketing, advertising and sales effort. Sudo Spartans will not in anyway share this information with a third party either for free or by selling it, unless the user specifically authorises such disclosures.

Copyright Infringement Policy (DMCA)
Revised May 20th 2017

If you believe your copyright is being infringed by a person using the Sudo network, please read our policy below:
In accordance with the Digital Millennium Copyright Act (DMCA), an agent has been designated to receive notification of a claimed copyright infringement for Sudo Spartans ,LLC. All claims of copyright infringement should be directed to:DMCA@sudospartans.com

You may submit claims via our online contact form for prompt attention
Before sending a request. Your notice must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site; and

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Rilex to locate the material; and
Information reasonably sufficient to permit Rilex to contact you, such as an address, telephone number, and, if available, an e-mail address; and

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.