Terms Of Service
Terms Of Service
Last Updated: June 8, 2018
- The content of the pages of the website and the descriptions of the various Service Plans we offer is for your general information and use only. It is subject to change without notice. By providing e-mail contact information to SOG you agree to receive e-mail notifications from time to time from SOG.
- Should you wish to subscribe to one of the Service Plans we provide you will be required to sign a separate Service Plan agreement contained on this Site.
- You acknowledge that the Service Plans offered on this website are on best effort bassis and may pose some unlikely yet unavoidable risks to you and your data. While we strive to provide you with the highest level of security, speed and reliability we cannot guarantee that your use of our Service Plans is entirely risk free pursuant to Paragraph 12.
- The trademarks, logos and service marks (“Marks”) displayed on the website are the property of SOG and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Sites on the World Wide Web without the written permission of SOG or such third party which may own the Marks. All information and content located on the website is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the website for commercial or public purposes. Unauthorized use of the SOG website may give rise to a claim for damages and/or be a criminal offense.
- SOG does not endorse and is not responsible for the actions, operations of any party other than SOG.
- The information, software, products and descriptions of services published on the website may include inaccuracies or typographical errors, and SOG specifically disclaims any liability for such inaccuracies or errors. SOG does not warrant or represent that the content on the website is complete or up-to-date. SOG is under no obligation to update the content on the website. SOG may change the content on the website at any time without notice. SOG may make improvements or changes to the website at any time.
- You agree that SOG, its affiliates and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the delay or inability to use the website or Service even if SOG is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. SOG cannot and does not guarantee continuous, uninterrupted or secure access to the website and Services.
- It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your username and password. You agree to immediately notify SOG of any unauthorized uses of your username and password or any other breaches of security. SOG will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
- SOG does not own any data, information or material that you submit to the Service or store in your account (“Data”). SOG will not monitor, edit, or disclose any information regarding you or your account, including any Data, without your prior permission except in accordance with this Agreement. SOG may access your account, including its Data, to respond to service or technical problems or as stated in this Agreement. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and SOG not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data.
- You by all applicable local, state, national and foreign laws, treatises, and regulations in connection with the Service. In addition, without limitation, you agree not to use the Service to:
- use information from the Service in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise
- harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent
- transmit through or post on the Service unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, abusive, libelous, invasive of another’s privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way
- transmit or store any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity
- transmit any or store material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots
- interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks
- attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (h) harass or interfere with another user’s use and enjoyment of the Service. You further agree to fully indemnify SOG for any misuse or abuse of this website or service resulting in damages to SOG or a third party.
- SOG has no obligation to monitor the Service and/or Content or any user’s use thereof or retain the content of any user session. However, SOG reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
- ASSUMPTION OF RISK. YOUR USE OF THE WEBSITE AND THIS SERVICE ARE ENTIRELY AT YOUR OWN RISK. WHILE WE USE OUR BEST EFFORTS TO ENSURE THAT SOG’S SERVICES ARE FREE OF POTENTIAL RISKS TO YOU AND YOUR DATA WE CANNOT GUARANTEE SAME. SUCH RISKS MAY INCLUDE BUT ARE NOT LIMITED TO FORCE MAJEURE EVENTS, VIRUSES, HACKERS’ ATTACKS, DEFECTIVE SERVICES PROVIDED BY THIRD PARTIES OR GOVERNMENT ACTIONS.
- You may choose to pay for the Services by purchasing prepaid credits. Current pricing for credits are as set forth on systemongrid.com, and SOG reserves the right to modify pricing at any time, provided however that SOG will notify you by email prior to any price increase affecting that account. You may choose to discontinue your account at any time; however, SOG does not issue refunds for unused credits.
- You agree to maintain valid and up-to-date billing information on file with SOG. You may update this billing information at any time in “My Account” and “Billing” page.
- All payments due are in U.S. dollars unless otherwise indicated on the subscription pricing page or invoice.
- Credit Card or Debit Card: Fees for accounts where you are paying with a credit card, debit card or other non-invoice form of payment are due at the purchase of credits. Services will be provided to you if you have valid credits in your account. SOG will charge you for all fees due at the starting of each service as applicable; and after adjusting credits, leftover fees are considered delinquent if not received at the start of next day. SOG will automatically try to recover the delinquent fees from the Credit Card or Debit Card on file.
- Invoices: Payments for invoices are due immediately after the invoice date, unless otherwise specified, and are considered delinquent after such date.
- Other Forms of Payment: SOG may enable other forms of payment by making them available in the “My Accounts” and “Billing” page. These other forms of payment may be subject to additional terms which you may have to accept prior to using the additional forms of payment.
- Delinquent payments may bear interest at the rate of five percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys’ fees) incurred by SOG in collecting such delinquent amounts, except where such delinquent amounts are due to SOG’s billing inaccuracies.
- SOG will endeavor to notify you (or in the case of a Team account, your account administrator) if your paid account has delinquent fees. If delinquent fees are not paid, SOG will automatically suspend your use of the Services.
- You are responsible for any taxes, duties, and customs fees associated with the sale of the Services (other than SOG’s income tax) (collectively “Taxes”), and you will pay SOG for the Services without any reduction for Taxes. If SOG is obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide SOG with a valid tax exemption certificate authorized by the appropriate taxing authority. If you are required by law to withhold any Taxes from your payments to SOG, you must provide SOG with an official tax receipt or other appropriate documentation to support such payments. SOG will also charge a processing fees of 5% on every transaction.SOG does not charge for resources that are paused. For a paused resource the only applicable charge is for the storage volume and an additional maintenance charge of $0.50 for the Public IP assigned to the paused resource. These charges are not applicable once the resource and the corresponding storage volume are deleted.
- To avoid payment fraud, SOG reserves the right to request you acceptable proof of your identity and SOG has the right to suspend your services till the acceptable proof is provided to SOG. SOG will notify you via email requesting such proof of Identity and SOG will also mention as what is considered as an acceptable proof. In case you fail to provide such proof, SOG reserves the right to permanently disable your account. In such an event, SOG will not issue refunds for unused credits.
- SOG will suspend your services or the account if you or in violation of the Acceptable Use Policy. SOG will provide with the proof of violation on demand. In such an event SOG may charge additional fees to restore the service.
- SOG service offerings for you can differ from the services provided to customers geographically located within USA and Canada. SOG has the right to offer or chose not to offer any services, both paid and free to you without any prior notice. You are considered to be geographically located outside USA and Canada and this determination about you is based on but not limited to the following criteria:
- The physical address that the customer provides at the time of registration.
- The zipcode/pincode the customer provides at the time of registration.
- The telephone number the customer provides at the time of registration.
- The payment method the customer provides at the time of registration.
- SOG provides 99.9% uptime guarantee as per the SLA. More details can be found in the SLA.
- Your use of SOG website and any dispute arising out of such use of the website and the associated applications is subject to the laws of the State of New York, United States of America and applicable federal law without regard to conflicts of laws principles. You agree to resolve any legal disputes in the Courts of the City of New York.
System On Grid LLC.
205 East 42nd Street,
New York, NY 10017