Overview

Siphon Systems strives to provide its customers and website users with the information they need to ensure that their use of our website, computer network, products and services is in accordance with the policies and restrictions we place on their use. Your understanding of the terms and conditions governing the use of our website, computer network, products and services and your cooperation in policing those persons that may be violating these terms and conditions will ensure that all of our products, services and computer network resources are used in a manner that maximizes their availability to our customers and website users.

Legal Terms & Conditions

This webpage contains important information regarding the terms and conditions that you and our customers must agree to in order to use our website and computer network or purchase our products and services.

Each user of Siphon Systems' website and computer network and each customer that purchases any product or service from Siphon Systems must agree to the following terms and conditions and all such use and purchases are subject to and contingent upon your acceptance of these terms and conditions. Please carefully review the information below .

• Acceptable Usage Policy (“AUP”)
• Terms of Service (“TOS”)
• Service Level Agreement (“SLA”)
• Privacy Policy

Please note that Siphon Systems reserves the right to amend, alter, modify or replace, from time to time, all or any portion of the terms and conditions set forth above with out any notice.
If you have questions regarding these terms and conditions, please email Siphon Systems' Legal Department at our contact e-mail page.

Violations & Complaints

As a provider of hosting services, Siphon Systems provides resources with which our customers host thousands of websites. Please note that Siphon Systems is not responsible for the content that customers publish on their websites nor can we police each and every webpage that is published using our resources. As such, we encourage you to report any potential violations of the law, our terms and conditions or the rights of others, using the resources set forth below. We will attempt to respond to, investigate and resolve each complaint we receive from you. Complaints may include reports of trademark infringement, copyright infringement, spam, phishing, fraud or hacking. Please carefully review the following information to ensure that your complaint is directed to the proper Planet representative — your failure to do so may delay or prevent our response to your complaint.

Potential Trademark & Copyright Violations

If you believe that a person is using our products, services or computer network to violate your copyright, trademark or other intellectual property, then please direct your complaint to our contact e-mail page . Please note that if you are submitting a notice of a copyright violation, you must comply with specific procedures in order to require Siphon Systems (or the applicable service provider) to address the alleged violation. For more information regarding the procedures for filing a complaint under the Digital Millennium Copyright Act please click here "DMCA".

Please note that our Legal Department (and not our Abuse Department) handles all complaints regarding potential violations of trademarks, copyrights and other intellectual property rights — please do NOT direct these complaints to our Abuse Department — doing so may delay or prevent our response to your complaint.

Spam, Phishing, Fraud, Hacking and Other Abuse Complaints

If you have a complaint regarding potential spam, phishing, fraud, hacking or other violations of our AUP , please direct those complaints to our contact e-mail page .

Our Abuse Department is trained to respond to, investigate and take remedial measures regarding spam, phishing, fraud, hacking or other violations of our AUP — please do NOT direct these complaints to our Legal Department — doing so may delay or prevent our response to your complaint.

Customer Information & Requests for Information

Siphon Systems strives to protect its customers’ information and personally identifiable information stored on or transmitted through its computer network. Please carefully review our Privacy Policy . Ordinarily, Siphon Systems will not disclose any confidential information, including customer information or information stored on or transmitted through our computer network, except when (i) required pursuant to a valid court order or subpoena, (ii) we believe the disclosure of such information may prevent bodily injury or death or serious harm to a person or their property or (iii) as otherwise required by law.

All inquiries regarding the production of information or compliance with court orders or subpoenas should be directed to Siphon Systems' Legal Department at our contact e-mail page or faxed to our Legal Department’s compliance representative at (216)803-5286.

Please note that our Legal Department (and not our Abuse Department) handles all inquires regarding the production of customer information or other confidential information — please do NOT direct these complaints to our Abuse Department — doing so may delay or prevent our response to your complaint. Representatives outside of Siphon Systems' Legal Department are not authorized to disclose any such information.

Acceptable Usage Policy

Introduction

The Acceptable Use Policy (as amended, modified or supplemented from time to time as set forth on Siphon Systems' website, this “AUP”) of SIPHONISP.COM or SIPHON.NET. (“Siphon Systems”), is designed to (i) protect Siphon Systems' customers, users of Siphon Systems' website, Products and Service, Siphon Systems (SIPHONISP.COM or SIPHON.NET) network and physical infrastructure and third parties, (ii) further compliance with all relevant laws and regulations, (iii) promote the security and availability of Siphon Systems' website, Siphon Systems (SIPHONISP.COM or SIPHON.NET) network and physical infrastructure and (iv) regulate and restrict the use of all products and services (including, but not limited to the Products and Services) provided by Siphon Systems, its website, Siphon Systems (SIPHONISP.COM or SIPHON.NET) network and its physical infrastructure (“Siphon Systems (SIPHONISP.COM or SIPHON.NET) services”).
This AUP applies to each user that subscribes for Siphon Systems (SIPHONISP.COM or SIPHON.NET) services (“Customers”), all users of Siphon Systems (SIPHONISP.COM or SIPHON.NET) services and all users that access or utilize Siphon Systems' website, Siphon Systems (SIPHONISP.COM or SIPHON.NET) network or its physical infrastructure, whether or not such users are customers of Siphon Systems, including the customers of our Customers (“Third Party Users”), and every server or network device that is under each User’s control and attached to Siphon Systems (SIPHONISP.COM or SIPHON.NET) network or physical infrastructure as a part of Siphon Systems (SIPHONISP.COM or SIPHON.NET) services (a “Server”). The term “User” as used in this AUP means both Customers and Third Party Users.

This AUP is incorporated by this reference into each Customer’s Terms of Service and Service Level Agreement. This AUP should be read in conjunction with Siphon Systems' Terms of Service, Siphon Systems' Service Level Agreement and Siphon Systems' Privacy Policy. Capitalized terms used herein without being defined herein shall have the meaning ascribed to such capitalized term in the Terms of Service, the SLA or the Privacy Policy, as applicable. Customer’s use of Siphon Systems' website, Siphon Systems (SIPHONISP.COM or SIPHON.NET) network, the Products and Services is also subject to Customer’s acceptance and compliance with the Terms of Service, the SLA and this AUP. Current copies of Siphon Systems' Terms of Service, SLA and Privacy Policy may be reviewed or printed by Customer at the Legal section of Siphon Systems' website. CUSTOMER HEREBY REPRESENTS AND WARRANTS THAT IT HAS READ, UNDERSTOOD AND ACCEPTED THE TERMS OF THE TERMS OF SERVICE, THE SLA AND THIS AUP. Siphon Systems reserves the right to amend or modify this AUP from time to time, and a User’s use of Siphon Systems (SIPHONISP.COM or SIPHON.NET) services, Siphon Systems' network and physical infrastructure after changes to the AUP are posted on the legal department page of Siphon Systems' website (www.theplanet.com) will constitute the User's acceptance of any such amendments or modifications.

Customers are responsible for complying with this AUP and for violations attributable to their customers and users, whether authorized or not by a Customer or Siphon Systems. Customers must take all reasonable steps to ensure that their customers and users will comply with this AUP.

This AUP does not (a) obligate Siphon Systems to monitor, review, or police the data and content residing on Siphon Systems (SIPHONISP.COM or SIPHON.NET) network or (b) create any obligation or duty of Siphon Systems to any party that is not a Customer, including, but not limited to, any Third Party User. Unless and until notified, Siphon Systems is not likely to be aware of any violations of this AUP or any violations of law. Siphon Systems expects all Users to notify us of any violations of law or violations of this AUP. Siphon Systems EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR INTERMEDIATELY, TEMPORARILY OR PERMANENTLY STORED ON Siphon Systems (SIPHONISP.COM or SIPHON.NET) network OR ANY SERVER AND FOR THE ACTIONS OR OMISSION OF USERS.

Prohibited Content

Users shall not allow the posting, transmission, or storage of data or content on or through Siphon Systems (SIPHONISP.COM or SIPHON.NET) services, Siphon Systems (SIPHONISP.COM or SIPHON.NET) network or its physical infrastructure which, in Siphon Systems' sole determination, constitutes a violation of any federal, state, local or international law, regulation, ordinance, court order or other legal process (“Applicable Law”). Users shall be responsible for determining which Applicable Laws are applicable to their use of Siphon Systems (SIPHONISP.COM or SIPHON.NET) services. Prohibited content includes, without limitation, (a) content or code that facilitate any violation of, or describe ways to violate, this AUP or (b) “harvested” addresses or information, (c) “phishing” websites, or (d) “spamvertising” sites.

A User shall not knowingly host on its Servers, use Siphon Systems (SIPHONISP.COM or SIPHON.NET) services or transmit over Siphon Systems (SIPHONISP.COM or SIPHON.NET) network, any material believed by Siphon Systems to constitute child pornography. In addition to any other actions it may take under this AUP, Siphon Systems reserves the right to cooperate fully with any criminal investigation of content located on a Server that constitutes alleged child pornography or an alleged violation of Applicable Law.

Users’ Security Obligation

Users must use reasonable care to ensure the security of each Server, Siphon Systems (SIPHONISP.COM or SIPHON.NET) network and its physical infrastructure. A Customer is solely responsible for any intrusions into, or security breaches of, any of its Servers, except as otherwise covered by a specifically designated security administration or firewall security service package ordered by the Customer. Siphon Systems reserves the right to disconnect without refund or the provision of service credit any Servers which disrupt Siphon Systems (SIPHONISP.COM or SIPHON.NET) network or any hardware objects on the network as a result of a security compromise.

Network Abuse

Users are prohibited from engaging in any activities that Siphon Systems determines, in its sole discretion, to constitute network abuse, including, but not limited to, the following:

• Introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses, and key loggers.
• Causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
• Executing any form of network activity that will intercept data not intended for the Customer's server.
• Evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks.
• Interfering with or denying service to any user, host, or network other than the Customer's host, such as a denial of service attack or distributed denial of service attack.
• Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information.
• Soliciting the performance of any illegal activity, even if the activity is not performed.
• Using any program, or sending messages of any kind, designed to interfere with or disable a user's terminal session.

For your convenience, you may click on Prohibited Activities to review a list of additional prohibited activities and examples of prohibited activities. All Users are encouraged to review this list to ensure compliance with this AUP. If you believe that a violation of this AUP has occurred please review the information at the Legal section which contains important information concerning the reporting of potential violations.

Intellectual Property Infringement Policy

Users may not transmit, distribute, download, copy, cache, host, or otherwise store on a Server, Siphon Systems (SIPHONISP.COM or SIPHON.NET) network or its physical infrastructure any information, data, material, or work that infringes the intellectual property rights of others or violates any trade secret right of any other person. Siphon Systems has the right to disable access to, or remove, infringing content to the extent required under any law or regulation, including the Digital Millennium Copyright Act of 1998. For your convenience, information concerning procedures for making claims of copyright infringement for purposes of Title 17, Section 512, of the United States Code is contained at the Legal section of our website.

If any Customer or any Third Party User, including those that are customers of our Customers, repeatedly violates Siphon Systems' Intellectual Property Infringement Policy, any copyright law or any other intellectual property right, Siphon Systems reserves the right to (i) suspend permanently or terminate Siphon Systems (SIPHONISP.COM or SIPHON.NET) services of such Customer and/or (ii) suspend permanently or terminate the access to Siphon Systems (SIPHONISP.COM or SIPHON.NET) services, Siphon Systems (SIPHONISP.COM or SIPHON.NET) network or its physical infrastructure by such Third Party User.

E-mail and Anti-Spamming Policy

Users may not (i) send unsolicited bulk messages over the Internet (i.e., “spamming”), (ii) create fake weblog or weblogs which are intended or reasonably likely to promote the author’s affiliated websites or to increase the search engine rankings of associated sites (i.e., “splogs”) or (iii) send spam to weblog sites or automatically post random comments or promotions for commercial services to weblogs (i.e., “spamming blogs”). Users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003. Mass Mailings – Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from the User. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins and provide such records to Siphon Systems upon its request. If a User cannot provide positive and verifiable proof of such consents and opt-ins, Siphon Systems will consider the mass mailing to be unsolicited.

Mailing Lists – Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using a Confirmed Opt-In or Closed-Loop Opt-In process or that has made their e-mail addresses available to a User for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and Confirmed Opt-In or Closed-Loop Opt-In elections and provide such records to Siphon Systems upon its request. If a User cannot provide positive and verifiable proof of such consents and Confirmed Opt-In or Closed-Loop Opt-In elections, Siphon Systems will consider the list mailing to be unsolicited. Any User-maintained mailing list must also allow any party on the list to remove itself automatically and permanently.

Other prohibited activities include, without limitation, the following:

• Use of Siphon Systems (SIPHONISP.COM or SIPHON.NET) network for the receipt of replies to unsolicited mass e-mail.
• Forgery of e-mail headers (“spoofing”).
• Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software.
• Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication.
• Hosting web pages advertised within “spam e-mail” sent from another network (“spamvertising”).
• Hosting web pages or providing services that support spam.
• Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-up messages, instant messages, or SMS messages.
• Instructing others in any activity prohibited by this AUP.

If any Customer or any Third Party User that is a customer of our Customer uses Siphon Systems (SIPHONISP.COM or SIPHON.NET) services, Siphon Systems (SIPHONISP.COM or SIPHON.NET) network or its physical infrastructure in a manner that causes Siphon Systems to be “blacklisted” or blocked, Siphon Systems reserves the right to (i) suspend permanently or terminate Siphon Systems (SIPHONISP.COM or SIPHON.NET) services of such Customer and/or (ii) suspend permanently or terminate the access to Siphon Systems (SIPHONISP.COM or SIPHON.NET) services, Siphon Systems (SIPHONISP.COM or SIPHON.NET) network or its physical infrastructure by such Third Party User. Operating Siphon Systems Service on behalf of, or in connection with, or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.
Block Removal – If, as a result of a Customer’s actions, Siphon Systems' mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, Siphon Systems shall charge Customer $100 upfront and $100 per hour thereafter for any necessary remedial actions.

IP Allocation

Siphon Systems owns each IP address that it assigns to a Customer. A Customer shall not use IP addresses that were not assigned to it by Siphon Systems. Siphon Systems reserves the right to suspend the network access of any server utilizing IP addresses outside of the assigned range.

IRC Policy

Customers may not operate and maintain IRC servers which connect to global IRC networks such as Undernet, EFnet and DALnet. Use of IRC plug-ins, scripts, add-ons, clones or other software designed to disrupt or deny service to other users is prohibited. Harassing or abusive IRC activity is expressly prohibited under the AUP, including (i) disruption or denial of service or (ii) the use or joining of “botnets” or the use of IRC BNC’s or other proxy and re-direction software. If a Customer’s IRC servers are frequently compromised or attract denial of service or distributed denial of service attacks that disrupt or denies service to other Customers or users, Siphon Systems may null-route, filter, suspend, or terminate that Customer’s service.

Usenet Policy

Usenet posts and content must conform to standards established by the Internet community and the applicable newsgroup charter. Siphon Systems reserves the right to determine whether such posts violate the AUP.

Legal Investigations

Users will cooperate and comply with any civil or criminal investigation regarding use of Siphon Systems (SIPHONISP.COM or SIPHON.NET) services, Siphon Systems (SIPHONISP.COM or SIPHON.NET) network or its physical infrastructure or content located on its Servers or transmitted using Siphon Systems (SIPHONISP.COM or SIPHON.NET) services, Siphon Systems (SIPHONISP.COM or SIPHON.NET) network or its physical infrastructure, including, without limitation, the following: discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court, government entity or regulatory agency (each an “Investigation”). Siphon Systems may charge a User or any person seeking compliance with an Investigation for the reasonable costs and expenses associated with Siphon Systems' compliance with any Investigation. Siphon Systems reserves the right to comply with any Investigation without notice to a User. Customers shall not be entitled to a refund or any service credits, and Siphon Systems shall not be in default under any agreement for Siphon Systems (SIPHONISP.COM or SIPHON.NET) services, if its compliance with any Investigation causes a User to incur downtime or requires the sequestering of all or a portion of the Servers. Siphon Systems also reserves the right to disclose information relating to Users and their use of Siphon Systems (SIPHONISP.COM or SIPHON.NET) services, Siphon Systems (SIPHONISP.COM or SIPHON.NET) network or its physical infrastructure or information transmitted, owned by or stored by or on behalf of any User, if such information is disclosed in connection with an Investigation or in order to prevent the death of or bodily harm to any individual, as determined by Siphon Systems in its sole discretion.

Violations of AUP

Siphon Systems may enforce this AUP, with or without notice to a User, by any action it deems reasonable, in its sole discretion. In addition to the remedial provisions provided elsewhere in this AUP, Siphon Systems may:

• Disable access to a User’s content that violates this AUP.
• Suspend or Terminate a User’s access to Siphon Systems (SIPHONISP.COM or SIPHON.NET) services, Siphon Systems (SIPHONISP.COM or SIPHON.NET) network or its physical infrastructure.
• Remove DNS records from Servers.
• Block mail or any other network service.
• Effect IP address null routing.
• Take legal action against a User to enforce compliance with this AUP.

Reporting Violations:

If there is a violation of this AUP direct the information to the Abuse Department at our contact e-mail page.

If available, please provide the following information:

• The IP address used to commit the alleged violation.
• The date and time of the alleged violation, including the time zone or offset from GMT.
• Evidence of the alleged violation.

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Siphon Systems may take any one or more of the following actions in response to complaints:

• Issue written or verbal warnings.
• Suspend the User's newsgroup posting privileges.
• Suspend the User's account.
• Terminate the User's account.
• Bill the User for administrative costs and/or reactivation charges.
• Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations.
  

If any User uses Siphon Systems (SIPHONISP.COM or SIPHON.NET) services, Siphon Systems (SIPHONISP.COM or SIPHON.NET) network or its physical infrastructure in a manner that exposes Siphon Systems to potential liability, as reasonably determined by Siphon Systems, Siphon Systems may suspend permanently or terminate the access to Siphon Systems (SIPHONISP.COM or SIPHON.NET) services, Siphon Systems (SIPHONISP.COM or SIPHON.NET) network or its physical infrastructure by such User.

The remedial actions set forth in this AUP shall not be construed in any way to limit the actions or remedies that Siphon Systems may take to enforce and ensure compliance with this AUP. Siphon Systems reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a User’s violation of this AUP. No refund or service credits will be issued for any interruption in service resulting from violations of this AUP.

Siphon Systems reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP, with such investigation to include accessing of data and records on, or associated with, any Server, Siphon Systems (SIPHONISP.COM or SIPHON.NET) network or its physical infrastructure.

Prohibited Activities

• forging, misrepresenting, omitting or deleting message headers, return mailing information, or internet protocol addresses, to conceal or misidentify the origin of a message;
• creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks;
• hacking, and/or subverting, or assisting others in subverting, the security or integrity of our products or systems;
• soliciting the performance of any illegal activity, even if the activity itself is not performed;
• threatening bodily harm, or encouraging bodily harm or property destruction;
• harassing another, or encouraging harassing behavior;
• engaging in outright fraud, or using services to engage in scams like pyramid schemes;
• collecting personal information about others without their knowledge or consent;
• instructing others in prohibited activities;
• using services to disseminate or display images classified under U.S. law as child pornography, child erotica (regardless of literary or artistic merit) and/or bestiality; and/or
• acting in any manner that might subject Siphon Systems to unfavorable regulatory action, subject us to any liability for any reason, or adversely affect Siphon Systems' public image, reputation or goodwill, as determined by us in our sole and exclusive discretion.
• creating fake weblog or weblogs which are intended or reasonably likely to promote the author’s affiliated websites or to increase the search engine rankings of associated sites.
• sending spam to weblog sites or automatically posting random comments or promotions for commercial services to weblogs.
  

Terms of Service

1. The following terms of service (these "Terms of Service" or this “Agreement”) govern the provision by Siphon Systems ("SIPHONISP.COM or SIPHON.NET") to the customer executing this online transaction ("Customer"), of the products and services described in (i) the Order Form submitted in connection with this online transaction (the “Order Form”), (ii) the Service Level Agreement (as in effect from time to time and set forth on Siphon Systems' website, the “SLA”) governing the Customer’s limited right to recover certain service credits and (iii) Siphon Systems' technical support descriptions (collectively clauses (i) through (iii), the "Products and Services"). These Terms of Service shall be effective as of the date that Customer executes its online transaction and thereby accepts these Terms of Services (the “Effective Date”). These Terms of Service hereby incorporate by reference the SLA, Siphon Systems' Acceptable Usage Policy (as in effect from time to time as set forth on Siphon Systems' website, the “AUP”) and the Order Form each of which is made a part of these Terms of Service and collectively referred to herein as the “Agreement.” Customer’s use of Siphon Systems' website, Siphon Systems (SIPHONISP.COM or SIPHON.NET) network, and the Products and Services is also subject to Customer’s acceptance and compliance with these Terms of Service, the AUP, the SLA and the Order Form. Capitalized terms used herein without being defined herein shall have the meaning ascribed to such capitalized term in the SLA or AUP, as applicable. Siphon Systems hereby reserves the right to amend, alter, modify, replace or suspend, from time to time in its sole discretion, all or any portion of its privacy policy (as in effect from time to time as set forth on Siphon Systems' website, the “Privacy Policy”). Current copies of Siphon Systems' SLA, AUP and Privacy Policy may be reviewed or printed by Customer at the Legal section of Siphon Systems' website. CUSTOMER HEREBY REPRESENTS AND WARRANTS THAT IT HAS READ, UNDERSTOOD AND ACCEPTED THE TERMS OF THE SLA, AUP AND PRIVACY POLICY.
   
   By submitting an Order Form online or by using Siphon Systems' website, Siphon Systems (SIPHONISP.COM or SIPHON.NET) network (as defined in the SLA), products or services, Customer hereby agrees to the terms and conditions of the Agreement.
   
   Services and Monthly Commitments. Siphon Systems agrees to provide the Products and Services in accordance with the terms and conditions of this Agreement beginning on the Effective Date. Siphon Systems may perform additional technical, supplemental, or professional services (other than the Products and Services) for Customer at either Siphon Systems' published pricing rates or at rates mutually agreed to in writing between Customer and Siphon Systems. Also, Siphon Systems may perform remedial services as provided for in the AUP at the pricing set forth therein and without obtaining Customer’s consent in advance. If a Customer subscribes for any Product and Service for a term other than on a month-to-month basis, then each month of such term Customer shall pay Siphon Systems the greater of (i) the actual fees and expenses payable by Customer for the Products and Services for which Customer has subscribed for such term (based on all actual licensing and usage of such Products and Services on a monthly basis) and (ii) the Minimum Monthly Commitment. For purposes of this Agreement, “Minimum Monthly Commitment” shall be determined each month and shall mean with respect to each Product and Service subscribed for by Customer other than on a month-to-month basis, the greater of (A) the amount specified as the “Minimum Monthly Commitment” in the Order Form associated with the subscription for such Products and Services and (B) the highest aggregate monthly amount paid or payable by Customer with respect to all Products and Services subscribed to for a term other than on a month-to-month basis, during the current term for which Customer subscribed for such Products and Services. If for any month Customer’s aggregate monthly fees and expenses actually paid or payable by Customer for the Products and Services for which Customer has subscribed for such term (based on all actual licensing and usage of such Products and Services on a monthly basis) does not exceed the Minimum Monthly Commitment, then Customer shall pay the Minimum Monthly Commitment in lieu of the charges that would otherwise be due with respect to such Products and Services. All payments made by Customer with respect to such Products and Services shall be credited first towards the Minimum Monthly Commitment.
   
   
2. Term and Renewal. Unless Customer agrees to a one-year term or unless otherwise stated in an Order Form or any service description, the initial term (“Initial Term”) of this Agreement shall be month-to-month, commencing on the Effective Date and shall automatically renew (A) in the case of a month-to-month term, the first day of each month for successive one-month periods unless cancelled or terminated earlier pursuant to the express terms of this Agreement or (B) in the case of a one-year term, each yearly anniversary of the Effective Date for successive one-year periods unless cancelled or terminated earlier pursuant to the express terms of this Agreement (in each case, a “Renewal Period”). Customer agrees to be bound by the service term selected on the Order Form or via applicable promotional codes. Siphon Systems may cancel or elect not to renew the Products and Services for any reason or no reason at all by delivering to Customer a written notice of non-renewal at least five (5) days prior to the expiration of the Initial Term or the then-current Renewal Period, as applicable.
   
   
3. Customer Cancellation or Non-Renewal. In order to cancel or elect not to renew any Product or Service, Customer must (i) submit an email service cancellation request (a “Cancellation Notice”) at least two (2) days prior to expiration of the Initial Term or the then-current Renewal Term and (ii) upon submission of the Cancellation Notice.
   
   The information set forth on the Cancellation Notice, unless otherwise instructed in writing by Siphon Systems to do so otherwise. CUSTOMER ACKNOWLEDGES AND AGREES THAT NO PRODUCT OR SERVICE WILL BE CANCELLED, ALL PRODUCTS AND SERVICES SHALL CONTINUE TO RENEW AND CUSTOMER WILL CONTINUE TO BE BILLED FOR ALL PRODUCTS AND SERVICES UNLESS CUSTOMER CONFIRMS VIA TELEPHONE THE INFORMATION PROVIDED IN THE CANCELLATION NOTICE AS PROVIDED IN SECTION 3 CLAUSE (ii) ABOVE.
   
   
4. Termination. Siphon Systems may immediately terminate this Agreement at any time, and without liability, upon the occurrence of any of the following events (“Siphon Systems Termination”): (i) Customer’s failure to pay any overdue amount within ten days after written notice by Siphon Systems is given to Customer or (ii) Customer’s material breach or violation of any provision of this Agreement (other than such violations set forth in clauses (iii), (iv) and (v) below) that is not cured within ten (10) days of Customer’s receipt of written notice from Siphon Systems referencing such breach or violation; (iii) Customer ceasing to do business in the normal course, becoming or being declared insolvent or bankrupt, being the subject of any proceeding relating to liquidation or insolvency which is not dismissed within ninety (90) calendar days, or making an assignment for the benefit of its creditors; (iv) Customer’s violation of the AUP or the Privacy Policy; or (v) Siphon Systems determines in its sole discretion that Customer continues to host content that may subject Siphon Systems to legal liability (in which case, Siphon Systems may terminate or modify the Products and Services to avoid such liability).
   
   Customer may terminate this Agreement with respect to all, and not less than all, of the Products and Services without liability (except for Charges due through the effective date of such termination) upon the occurrence of a material breach by Siphon Systems of its obligations to provide the Products and Services according to the terms of this Agreement that is not cured within ten (10) business days after written notice from Customer describing such breach in detail is received by Siphon Systems (“Customer Termination”). In the event of a Customer Termination, Customer shall pay (1) all outstanding amounts payable through the effective date of such termination and (2) if the Products and Services include software for which Siphon Systems does not then provide general customer support, Customer shall pay to Siphon Systems an amount equal to Siphon Systems' cost of such software for the entire Initial Term and any applicable Renewal Periods. If Customer terminates this Agreement for any reason other than a Customer Termination, Customer shall pay to Siphon Systems an amount equal to all unpaid Charges through the effective date of such termination and (A) in the case of any Product and Service subscribed for on a month-to-month basis, all Charges for the Products and Services through the remainder of the Initial Term or the then-current Renewal Term, as applicable and (B) in the case of any Product and Service subscribed for other than on a month-to-month basis, all Charges for the Products and Services through the remainder of the Initial Term or the then-current Renewal Term, as applicable, calculated based upon the then-current Minimum Monthly Commitment payable by Customer upon the date of termination.
   
   CUSTOMER ACKNOWLEDGES THAT CUSTOMER WILL NOT BE ENTITLED TO ANY REFUND OR CREDIT IN THE EVENT THAT ANY PRODUCT OR SERVICE THAT IS PROVIDED ON THE BASIS OF A ONE-YEAR TERM IS TERMINATED, WITH OR WITHOUT CAUSE, PRIOR TO THE EXPIRATION OF THE ONE-YEAR TERM. CUSTOMER HEREBY WAIVES ALL RIGHTS TO ANY SUCH REFUND OR CREDIT.
   
   Upon termination of this Agreement, Siphon Systems and Customer shall have no obligations to each other, except as provided for in this Agreement. Upon termination of this Agreement, Customer shall (i) pay all Charges and other amounts due and owing to Siphon Systems under these Terms of Service, (ii) immediately remove from Siphon Systems' premises all property owned by Customer, including, but not limited to, immediately removing all of Customer’s data from Siphon Systems (SIPHONISP.COM or SIPHON.NET) network (including all servers owned or operated by Siphon Systems), and (iii) return to Siphon Systems all software, access keys, and any other property provided to Customer by Siphon Systems under this Agreement. Any physical property of Customer not removed from Siphon Systems' premises within forty-five (45) days after such termination shall become the property of Siphon Systems, which may, among other things, dispose of such property without the payment of any compensation to Customer. Sections 4, 5, 6, 7 and 8 shall survive the expiration, cancellation and termination of this Agreement for any reason.
   
   
5. Payment. Customer agrees to pay all charges, fees, penalties, early cancellation charges, reconnection fees, service interruption fees, installation fees and other amounts due under this Agreement (collectively “Charges”) in US dollars. Each Customer that is a Texas resident agrees to pay all taxes applicable to its account. Except as otherwise provided for herein, all Charges for the Products and Services, and for any additional services described herein, shall be invoiced to the Customer and paid in advance of the Initial Term and each Renewal Term (but may include any applicable pro-rated amounts for partial months of for Products and Services provided on a month-to-month basis) and shall be due and payable upon receipt. Any additional one-time charges, including early cancellation charges, accrued interest, late fees, service reinstatement fees, and any usage-based charges (installation or set-up fees) shall be invoiced in arrears and appear on either regular monthly invoices or separate invoices. Server rental charges are incurred immediately at signup and are prorated by 3 days to allow for server provisioning and delivery. Customer also shall pay to Siphon Systems all expenses incurred by Siphon Systems in exercising any of its rights under this Agreement or applicable law with respect to the collection of a payment default, including attorneys' fees, court costs, and collection agency fees. If Customer fails to pay any past due amount within five (5) days after written notice by Siphon Systems is given to Customer, Siphon Systems may suspend performance under this Agreement and if such past due amounts remain unpaid within five (5) days thereafter, Siphon Systems may terminate this Agreement. Siphon Systems may charge interest on any invoice amounts that are overdue by more than ten (10) days at the lesser of (a) 1.5% per month or (b) the maximum non-usurious rate under applicable law. Customer shall be deemed to have accepted as conclusively accurate any invoice that it has not disputed in a writing delivered to Siphon Systems within sixty (60) days of the invoice date. Customer may withhold the disputed portions of payments that are properly and timely disputed hereunder as long as it timely pays all undisputed charges that are outstanding.
   
   The parties shall work together in good faith to resolve any such disputed charge. In the event that this Agreement is terminated by Siphon Systems for any reason constituting “Siphon Systems Termination” (as defined above) or by Customer for any reason other than “Customer Termination” (as defined above), all Charges under the Agreement, including all remaining monthly or yearly fees due for the remaining portion of the Initial Term and each applicable Renewal Period, shall accelerate and are immediately due and payable. All set-up fees, monthly service fees and usage fees are non-refundable. Customer shall not be entitled to any refunds or credits, pro-rated or otherwise, in the event of early termination of this Agreement by Siphon Systems according to the terms herein.
   
   
6. Indemnification. Customer agrees to indemnify and hold harmless Siphon Systems, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer’s use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
   
   
7. Disclaimers; Limitation on Company Liability.
   Siphon Systems SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE PRODUCTS AND SERVICES BY THE CUSTOMER OR ANY THIRD PARTIES OR ANY FAILURE OF THE PRODUCTS AND SERVICES OR (ii) ANY LOSS OF DATA, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES, SERVICE INTERRUPTIONS, FAILURE OF Siphon Systems (SIPHONISP.COM or SIPHON.NET) NETWORK, RECLAIMATION OF SERVERS BY Siphon Systems FAILURE OF SERVERS, THE RELOADING OF AN OPERATING SYSTEM OR OTHER SOFTWARE ON A SERVER OR THE NEGLIGENCE OF Siphon Systems. CUSTOMER IS SOLELY RESPONSIBLE FOR SAFEGUARDING, BACKING UP AND ARCHIVING ALL DATA OWNED, CONTROLLED OR TRANSMITTED BY CUSTOMER THAT RESIDES ON Siphon Systems (SIPHONISP.COM or SIPHON.NET) NETWORK OR ANY SERVER OWNED OR OPERATED BY Siphon Systems.
   
   IN NO EVENT SHALL Siphon Systems' AGGREGATE LIABILITY FOR ANY CLAIM UNDER THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT PAID BY CUSTOMER TO Siphon Systems IN THE BILLING CYCLE IMMEDIATELY PRECEEDING SUCH CLAIM.
   
   Siphon Systems PROVIDES ALL PRODUCTS AND SERVICES “AS IS,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
   
   CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE PRODUCTS AND SERVICES AND Siphon Systems SHALL HAVE NO LIABILITY THEREFORE.
   NO CLAIM MAY BE ASSERTED BY CUSTOMER AGAINST Siphon Systems MORE THAN TWO (2) YEARS FOLLOWING THE DATE OF THE EVENT THAT UNDERLIES ANY SUCH CLAIM.
   
   CUSTOMER ACKNOWLEDGES AND AGREES THAT THE RECEIPT OF A SERVICE CREDIT AS PROVIDED FOR IN THE SLA CONSTITUTES CUSTOMER'S SOLE AND EXCLUSIVE REMEDY, AND Siphon Systems' SOLE AND EXCLUSIVE LIABILITY, FOR ANY FAILURE OF Siphon Systems (SIPHONISP.COM or SIPHON.NET) NETWORK, Siphon Systems HARDWARE OR Siphon Systems INFRASTRUCTURE OR THE FAILURE BY Siphon Systems TO PROVIDE CUSTOMER WITH THE PRODUCTS AND SERVICES OR MANAGED HOSTING SERVICES PURCHASED BY CUSTOMER IN ACCORDANCE WITH THIS AGREEMENT WHICH RESULTS FROM A QUALIFIED NETWORK DOWNTIME EVENT OR ANY OTHER QUALIFIED DOWNTIME EVENT.
   
   
8. Miscellaneous Terms.
   Bandwidth and Disk Usage. Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Products and Services ordered by Customer on the Order Form (the "Agreed Usage"). Siphon Systems will monitor Customer's bandwidth and disk usage. Siphon Systems shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Products and Services, or termination of these Terms of Service, which actions may be taken by Siphon Systems in its sole and absolute discretion. If Siphon Systems takes any corrective action under these Terms of Service, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Bandwidth usage is measured on a calendar month basis. Both incoming and outgoing traffic is counted and applied towards the Agreed Usage. In the event that Customer exceeds the Agreed Usage, Siphon Systems may, at its sole discretion, collect a deposit, in the amount of $1 per GB from Customer, or to the extent that Customer has a credit card on file with Siphon Systems, apply such charge against Customer’s credit card. Data transfer in excess of the Agreed Usage shall be automatically billed to Customer. Unused Agreed Usage or bandwidth allocations cannot be carried over to future months or applied to other servers.
   
   

Notices. Unless otherwise specified herein, all notices, requests and other communications hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, or registered or certified mail (return receipt requested) to the address or facsimile number of Customer listed in Siphon Systems' records or if to Siphon Systems then to the address set forth below. Such notices or other communications shall be deemed to have been given (a) on the date delivered (if delivered personally), (b) on the date that return confirmation is received (if sent by facsimile), (c) on the business day after being sent by an internationally recognized overnight air courier, or (c) five days after being sent (if sent by registered or certified mail).

Siphon Systems
14613 Bronson Ave.
San Jose, CA 95124
Attn: Legal Department
Phone: (408) 512-1147
Fax: (216)803-5286
Email: our contact e-mail page

Waiver. It is agreed that no waiver by any party hereto of any breach or default of any of the covenants or agreements herein set forth shall be deemed a waiver as to any subsequent and/or similar breach or default.
Severability. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected.

Force Majeure. Neither party shall lose any rights hereunder or be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is occasioned by any occurrence or contingency beyond its reasonable control, including war, strike, fire, Act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party; provided that such party shall use commercially reasonable efforts to promptly mitigate any damages or losses.

Siphon Systems' Use of Customer’s Name. Customer agrees that Siphon Systems may, upon written consent by Customer, publicly disclose that Siphon Systems is providing services to Customer and may include Customer’s name in any promotional materials, such as press releases or Siphon Systems' web site. Neither party may publicly use the other party’s logo or other trade or service mark without that party’s written consent.

Non-Solicitation. During the term of this Agreement and for twelve (12) months following termination of this Agreement, Customer agrees that it shall not solicit for employment with Customer (or with any other party) any employee of Siphon Systems or interfere in the employment relationship between Siphon Systems and any of its employees with whom Customer has had contact in connection with this Agreement.

Ownership. Siphon Systems shall be the sole owner of all intellectual property, and all derivatives thereof, that Siphon Systems may develop in the course of providing the Products and Services. Each party to this Agreement retains exclusive ownership and rights in its trade secrets, inventions, copyrights, and other intellectual property. Upon termination of the Agreement, Customer agrees to promptly release any Internet protocol numbers, addresses, or address blocks assigned to Customer in connection with the Products and Services.

Customer Hardware. Siphon Systems acknowledges and agrees that the hardware provided by Customer to Siphon Systems to be used in connection with any Products and Services (the “Customer Hardware”) is the property of Customer and shall be tagged and identified as such. Siphon Systems shall not pledge, hypothecate or otherwise encumber the Customer Hardware in any way and upon demand by Customer shall surrender the Customer Hardware to Customer, unless Customer fails to remove such Customer Hardware as provided for in Section 4 above.

Third-Party Beneficiaries. There shall be no third party beneficiaries to the Agreement, including customers, employees, agents, or insurers.

Assignment. This Agreement shall not be assignable by Customer without Siphon Systems' prior written consent. Siphon Systems may assign the Agreement in whole or in part upon written notice to Customer. This Agreement shall be binding upon and accrue to the benefit of any permitted assignee, and any such assignee shall agree to perform the obligations of the assignor.

Governing Law, Jurisdiction, Venue. THIS AGREEMENT AND ANY DISPUTE ARISING FROM THE PERFORMANCE OR BREACH HEREOF SHALL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REFERENCE TO CONFLICTS OF LAWS PRINCIPLES AND EXCLUDING ANY APPLICATION OF THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. CUSTOMER (I) HEREBY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF CALIFORNIA LOCATED IN SANTA CLARA COUNTY AND THE UNITED STATES DISTRICT COURT FOR THE NORTHEN DISTRICT OF CALIFORNIA, FOR THE PURPOSES OF ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF THIS AGREEMENT OR THE SUBJECT MATTER HEREOF OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY BROUGHT BY THE CUSTOMER OR Siphon Systems OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS, (II) HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH SUITS, ACTIONS OR PROCEEDINGS MAY BE HEARD AND DETERMINED IN SUCH TEXAS STATE COURT OR, TO THE FULLEST EXTENT PERMITTED BY LAW, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHEN DISTRICT OF CALIFORNIA AND (III) TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES, AND AGREES NOT TO ASSERT, BY WAY OF MOTION, AS A DEFENSE, OR OTHERWISE, IN ANY SUCH SUIT, ACTION OR PROCEEDING ANY CLAIM THAT IT IS NOT PERSONALLY SUBJECT TO THE JURISDICTION OF THE ABOVE-NAMED COURTS, THAT THE SUIT, ACTION OR PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM, THAT THE VENUE OF THE SUIT, ACTION OR PROCEEDING IS IMPROPER OR THAT THIS AGREEMENT OR THE SUBJECT MATTER HEREOF MAY NOT BE ENFORCED IN OR BY SUCH COURT. A FINAL JUDGMENT OBTAINED IN RESPECT OF ANY ACTION, SUIT OR PROCEEDING REFERRED TO IN THIS SECTION 8 SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT OR JUDGMENT OR IN ANY MANNER AS PROVIDED BY APPLICABLE LAW.

Service Level Agreement

The following terms and conditions of this Service Level Agreement (as amended from time to time, this "SLA") apply only to Products and Services and govern (A) the use and availability of Siphon Systems (SIPHONISP.COM or SIPHON.NET) network to those persons that have purchased Products and Services directly from Siphon Systems (each, a “Customer”), and (B) the right, under certain circumstances specified below, of a Customer to receive services credits in respect of the failure of Siphon Systems (SIPHONISP.COM or SIPHON.NET) network and/or the failure of Siphon Systems to provide the Products and Services purchased by Customer from Siphon Systems in accordance with (i) the Terms of Service, (ii) Siphon Systems' AUP and (iii) this SLA, each of which is incorporated herein by reference and made a part hereof (collectively, the "Agreement"). Capitalized terms used herein without being defined herein shall have the meaning ascribed to such capitalized term in the Terms of Service or AUP, as applicable. Customer’s use of Siphon Systems' website, Siphon Systems (SIPHONISP.COM or SIPHON.NET) network, and the Products and Services is also subject to Customer’s acceptance and compliance with this SLA, the Terms of Service, the AUP and the Order Form. Siphon Systems HEREBY RESERVES THE RIGHT TO AMEND, ALTER, MODIFY, REPLACE OR SUSPEND, FROM TIME TO TIME IN ITS SOLE DISCRETION, ALL OR ANY PORTION OF ITS AUP OR PRIVACY POLICY. CURRENT COPIES OF Siphon Systems' TERMS OF SERVICE, AUP AND PRIVACY POLICY MAY BE REVIEWED OR PRINTED BY CUSTOMER AT THE LEGAL SECTION OF Siphon Systems' WEBSITE. CUSTOMER HEREBY REPRESENTS AND WARRANTS THAT IT HAS READ, UNDERSTOOD AND ACCEPTED THE TERMS OF THE SLA AND AUP. By submitting the online order form, Customer hereby agrees to the following:

1. Definitions. When used in this SLA, the following capitalized terms shall have the definitions set forth below:
   
   a. “AUP” means Siphon Systems' standard acceptable usage policy, as in effect and listed on Siphon Systems' website from time to time and subject to all changes, modifications and replacements as Siphon Systems may effect in accordance with the Terms of Service and AUP.
   
   b. “Order Form” means Siphon Systems' standard service exhibit, service addendum or order form, specifying the products and services purchase by Customer, as in effect from time to time.
   
   c. “Products and Services” means those products and services offered by Siphon Systems to its general customer base, in each case as purchased by a Customer and set forth on an Order Form, but expressly excludes all products and services offered by Siphon Systems' managed hosting division and expressly marketed as managed hosting services.
   
   d. “Privacy Policy” means Siphon Systems' standard privacy policy, as in effect and listed on Siphon Systems' website from time to time and subject to all changes, modifications and replacements as Siphon Systems may effect in accordance with the Terms of Service and AUP.
   
   e. “Scheduled Maintenance” means all maintenance services for which Siphon Systems gives Customer at least five (5) days prior notice of such maintenance services via Siphon Systems' outage mailing list maintained on Siphon Systems' customer portal.
   
   f. “Service Credit” means a credit, calculated in accordance with this SLA, issued by Siphon Systems to the Customer in respect of products and services contracted for, but not delivered by Siphon Systems in accordance with the Agreement due to a Qualified Network Downtime Event.
   
   g. “Terms of Service” means either (i) Siphon Systems' standard terms of service as in effect and listed on Siphon Systems' website as of the date of Customer’s purchase of Products and Services or (ii) solely to the extent Siphon Systems and Customer have separately negotiated written terms of service different from those referred to in clause (i), Siphon Systems' standard terms of service which incorporate such other written terms of service, duly executed and delivered by each party; in each case, as amended from time to time.
   
   h. “Siphon Systems” means Siphon Systems., together with its successors and assigns.
   
   i. “Siphon Systems (SIPHONISP.COM or SIPHON.NET) network” means the portion internal computer network owned or operated on behalf of Siphon Systems that extends from the outbound port on a Customer’s cabinet switch to the outbound port on the border router and includes all redundant internet connectivity, bandwidth, routers, cabling and switches.
   
   
2. 100% Planet Network Availability Assurance: Siphon Systems assures Customer 100% uptime availability of Siphon Systems (SIPHONISP.COM or SIPHON.NET) network covered by this SLA. Subject to Section 3 below, in the event that Siphon Systems fails to provide Customer with the Products and Services purchased by Customer in accordance with the Agreement and such failure results from the complete unavailability of Siphon Systems (SIPHONISP.COM or SIPHON.NET) network or the failure of Siphon Systems (SIPHONISP.COM or SIPHON.NET) network to pass Customer’s TCP/IP traffic with less than three percent (3%) packet loss and less than 30ms latency across Siphon Systems (SIPHONISP.COM or SIPHON.NET) network (other than as specified below, each such event, a “Qualified Network Downtime Event”), Siphon Systems will issue Customer a Service Credit calculated as follows.
   
   a. A Qualified Network Downtime Event shall start upon Customer’s submission of a written trouble ticket specifying that a Qualified Network Downtime Event has occurred and the details associated with such Qualified Network Downtime Event. All such trouble tickets must be submitted by Customer through Siphon Systems' customer portal or through Siphon Systems' technical support department. Upon the passage of five (5) continuous minutes of a Qualified Network Downtime Event, the Service Credit shall equal five percent (5%) of the monthly fees payable by Customer in respect of such Products and Services for the month in which such Qualified Network Downtime Event occurred and thereafter during the pendency of such unavailability, the Service Credit shall increase by an additional five percent (5%) for each continuous thirty (30) minutes of a Qualified Network Downtime Event up to a maximum of one hundred percent (100%) of monthly fees payable by Customer in respect of such Products and Services for the month in which such Qualified Network Downtime Event occurred.
   
   b. All Service Credits are calculated by Siphon Systems on a “per-event-basis” each calendar month and in no event will downtime or unavailability be cumulated during any monthly period for purposes of determining a Customer’s right to any Service Credit. The following events do not constitute a Qualified Network Downtime Event or qualify for any Service Credit under this SLA: (i) Scheduled Maintenance or (ii) Customer generated outages created by failed equipment, customer mis-configurations, exploited servers, or traffic in excess of the maximum allowed by contract. Service Credits are based directly on all equipment and/or services affected by a Qualified Network Downtime Event. Products, services or hardware not related to a Qualified Network Downtime Event do not qualify for a Service Credit. Redundant Internet connectivity is measured as traffic routing into and out of a Customer’s equipment through Siphon Systems (SIPHONISP.COM or SIPHON.NET) network out to internet backbone carriers and does not include third party carrier latency or peering issues not utilized by Siphon Systems.
   
   
3. Service Credits: Service Credits do not constitute a refund in respect of any product or service and may not be carried forward to future months, paid for or exchanged for cash or other monetary consideration or value. Service Credits are not available (i) in respect of any outage or event associated with Scheduled Maintenance or arising from any denial of service attack, virus, hacking attempts or any other circumstances or events that are not within the control of Siphon Systems, including any Force Majeure Event, (ii) to any Customer that is more than thirty (30) days past due on any amount owing to Siphon Systems or any Customer that has breached the Agreement or (iii) in respect of any products or services contracted for with Siphon Systems that expressly exclude technical support or such Service Credits. Valid approved Service Credits will appear as a credit for products and services and be applied against the amounts owing in respect of such products and services on the next billable invoice following the month in which occurred the Qualified Network Downtime Event giving rise to such Service Credit. In order for a Customer to qualify for a Service Credit, the Customer must (A) have purchased and paid for Products and Services, (B) utilize redundant input network drops running Hot Swap Router Protocol (HSRP) in its equipment and (C) submit a request for a Service Credit, as applicable, in writing via Siphon Systems' customer portal to accounting@SIPHONISP.COM or SIPHON.NET, within three (3) days from the date of event giving rise the requested Service Credit and in accordance with the terms of this SLA. Failure to request a Service Credit in accordance with the terms of this SLA will result in an automatic waiver of any rights to such Service Credit under this SLA in respect of the event giving rise to such Service Credit. Notwithstanding anything in the Agreement to the contrary, the maximum total Service Credit for any calendar month, including all refunds, guarantees, warranties and other service level agreements Customer may have with Siphon Systems, shall not exceed one hundred percent (100%) of Customer’s monthly recurring fee for Products and Services during such month.
   
   
4. Scheduled Maintenance: Customer hereby acknowledges that Siphon Systems may, from time to time, perform maintenance service on Siphon Systems (SIPHONISP.COM or SIPHON.NET) network, with or without notice to Customer, which may result in the unavailability of Siphon Systems (SIPHONISP.COM or SIPHON.NET) network. Downtime or unavailability resulting from Scheduled Maintenance shall not constitute a Qualified Network Downtime Event or qualify for any Service Credit. Customer must subscribe to Siphon Systems' outage mailing list and provide accurate and timely information in Siphon Systems' customer portal in order for Siphon Systems to notify Customer of all Scheduled Maintenance. Customer’s failure to subscribe to Siphon Systems' outage mailing list or to provide accurate and timely information on Siphon Systems' customer portal may result in the forfeiture of any Service Credit based on downtime or unavailability arising from Scheduled Maintenance for which Customer did not receive timely notice. Emergency maintenance and maintenance for which Siphon Systems has not given Customer notice in accordance with this SLA shall not be deemed Scheduled Maintenance for purposes of this SLA.
   
   
5. DISCLAIMER: Customer hereby acknowledges that Siphon Systems' ability to provide Products and Services and technical support to Customer and to manage any server owned or controlled by or leased to Customer is contingent upon Siphon Systems' ability to connect Siphon Systems (SIPHONISP.COM or SIPHON.NET) network to such server and monitor such server. In the event that Customer substantially impairs Siphon Systems' ability to connect Siphon Systems (SIPHONISP.COM or SIPHON.NET) network to any server owned or controlled by or leased to Customer, including, but not limited to, through the installation of software, including, but not limited to, firewall software or load balancing software, or through the configuration of such server, then Siphon Systems shall have no obligation to provide Products and Services or technical support services or any of the services provided for in this SLA for such server and Customer shall not be entitled to any Service Credit under this Agreement with respect to such server. If Customer requests technical support services or management services for a server for which Customer has impaired the ability of Siphon Systems to connect Siphon Systems (SIPHONISP.COM or SIPHON.NET) network to such server, Siphon Systems shall provide such technical support services or management services as professional services on a time and material basis and Customer shall be billed at Siphon Systems' then-current professional services rate. Siphon Systems shall not be liable for the failure or delay in performing its obligations hereunder or under the Agreement if such failure or delay is due to external circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of Siphon Systems' products and services (each, a “Force Majeure Event”). Siphon Systems agrees to exercise reasonable efforts to mitigate the damage arising from Force Majeure Event; however, under no circumstances will Siphon Systems or its affiliates be held liable for any cost, expense, liability, claim or damage due to such interruptions. In no event shall Siphon Systems or its affiliates be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, cost of cover, loss of income or cost of replacement services. Customer acknowledges and agrees that the receipt of a Service Credit as provided for in this SLA constitutes Customer's sole and exclusive remedy, and Siphon Systems' sole and exclusive liability, for any failure of Siphon Systems (SIPHONISP.COM or SIPHON.NET) network or failure by Siphon Systems to provide Customer with the products and services purchased by Customer in accordance with the Agreement which results from a Qualified Downtime Event. Siphon Systems RESERVES THE RIGHT TO AMEND, MODIFY OR TERMINATE THIS SLA, THE AUP, THE PRIVACY POLICY AND THE TERMS OF SERVICE FROM TIME TO TIME, AND A CUSTOMER’S USE OF Siphon Systems' PRODUCTS AND SERVICES AND Siphon Systems (SIPHONISP.COM or SIPHON.NET) NETWORK AFTER ANY SUCH AMENDMENT, MODIFICATION OR TERMINATION OF THIS SLA, THE AUP, THE PRIVACY POLICY OR THE TERMS OF SERVICE IS POSTED ON THE LEGAL DEPARTMENT PAGE OF Siphon Systems' WEBSITE (WWW.SIPHONISP.COM or SIPHON.NET) WILL CONSTITUTE THE CUSTOMER’S ACCEPTANCE OF ANY SUCH AMENDMENTS, MODIFICATIONS OR TERMINATION.

Privacy Policy

Siphon Systems. (together with its subsidiaries and affiliates, “Siphon Systems”), respects the privacy and security of its customers and users of its website. Siphon Systems strives to provide you with a personalized internet experience that delivers to you the information, products and services that you need. In order to achieve this goal, Siphon Systems sometimes collects information during your visits to our website. We will not disclose this information to any person or organization outside Siphon Systems, except as described in this Privacy Policy. This Privacy Policy is not intended to and does not create any contractual or other legal rights in or on behalf of any party.

We have prepared this Privacy Policy to enable you to understand which personal identifying information of yours is collected, how and when we might use your information, how we protect your information, who has access to your information, and how you can correct any inaccuracies in the information.

Information We Collect

Siphon Systems collects certain information from and about its users three ways: (i) from our web server logs, (ii) with cookies and (iii) directly from the user.
Web server logs: When you visit our website, Siphon Systems may collect information to administer the site and analyze its usage. Siphon Systems may collect information such as:

• your Internet protocol address ;
• the type of browser or computer you use;
• the number of links you click within our website;
• the state or country from which you accessed our website;
• the date and time of your visit;
• the name of your Internet service provider;
• the Web page from which you linked to our website; and
• the pages you viewed on our website
  

Cookies: Siphon Systems' website use cookies (i.e., small bits of text that our servers place into a file on your computer's hard drive). We use cookies to save your preferences and login information, and provide personalized functionality. You can reject cookies by changing your browser settings, but be aware that this will disable some of the functionality on Siphon Systems' website.
Personal information users give us: On some pages of our website, users can register to purchase products or services, receive personalized content and participate in surveys or forums. When you register, Siphon Systems may ask you for some personal information.

If you're purchasing products or services, we may also request financial information such as credit card or bank account information. Any financial information we collect is used only to bill you for the products and services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. For other types of registrations, we will ask for your name, address, e-mail address or telephone number. We may then contact you with information about Siphon Systems' products and services.

As a security measure and to ensure that our website and computer network remain available to all customers, Siphon Systems may use software programs to monitor network traffic or to identify unauthorized attempts to upload or change information, or otherwise cause damage. These software programs may also collect information regarding your use of our website and computer network.

You may also be asked to disclose personal information to us so that we can provide technical support assistance and information to you. For example, we may collect personal information from you (such as an e-mail address, system information and problem descriptions) in order to provide online technical support and troubleshooting. If you choose to correspond with us through electronic communication (e.g. email, online chat or instant messaging), we may retain a copy of the electronic communication together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.

Finally, some pages of Siphon Systems' website may make chat rooms, forums, message boards, news groups or instant messaging available to you. Please remember that any information disclosed in these areas is public. You should exercise caution when disclosing personal information in these areas. Don't disclose information in these public forums that might be considered confidential – such as financial information, social security numbers, passwords or email addresses. Users should be aware that when they voluntarily disclose personally identifiable information on the bulletin boards or in the chat areas, that information and any substantive information disclosed in the communication can be collected and used by third parties. This could result in unsolicited messages from others who post on such sites and are beyond the control of Siphon Systems.

How We Use Your Information

Siphon Systems uses the information we collect to notify you about your account and to notify you about changes to the terms and conditions governing your use of our website, products and services. We may also use the information we collect to notify you about other products and services we think you will find valuable and about special offers. You may notify us of your desire not to receive notifications relating to new products and services and special offers by “opting-out” as provided for below.

Siphon Systems may also provide aggregate information about our customers, this website’s traffic patterns and related website usage information to our affiliates and reputable third parties, but this information will not include personally identifying data. We take measures to select product or service providers that are responsible and afford similar privacy protections to their customers. However, we do not make any representations about the practices and policies of these companies.

If you don't want to receive promotional materials from Siphon Systems or our marketing partners, you may opt out at any time. You may "opt out" by clicking on the box marked "I DO NOT WISH TO RECEIVE SPECIAL COMMUNICATIONS FROM Siphon Systems" when you register for an account or at any time afterwards by contacting us at info@SIPHONISP.COM or SIPHON.NET. Upon properly opting-out, Siphon Systems will take reasonable efforts to delete a user's personal information from its database. However, please note that it may be impossible to entirely delete a user's information because some residual information may reside on backups or records of deletions.

How We Protect Your Information

Siphon Systems uses technical security measures to prevent the loss, misuse, alteration or unauthorized disclosure of information under our control.

When we ask customers or users to provide financial information (such as a credit card number) that data is protected using Secure Sockets Layer (“SSL”) technology. However, please note that electronic communication (e.g. email, online chat or instant messaging) that you may send to us may not be secure unless we advise you in advance that security measures will be in place prior to your transmitting the information. For that reason, we ask that you do not send confidential information such as financial information, social security numbers or passwords to us through unsecured electronic communication.

Access to Your Information

Siphon Systems will share or disclosure your personal data in four ways:

• as required by law, in a matter of public safety or policy, or as compelled by a court of law;
• with other affiliates or partners of Siphon Systems (as described above);
• with agents and contractors who use such information on behalf of Siphon Systems or in connection with administering or delivering products and services on behalf of Siphon Systems; and
• as needed in connection with the transfer of business assets.
  

Links to Other Websites

Siphon Systems' website contain links to sites maintained by other companies that are not affiliated with Siphon Systems. We are not responsible for the privacy practices or the content of those sites, and we encourage you to use caution when visiting them. In particular, we recommend you view the privacy policy posted on each site.

How to Correct Inaccuracies
Contact us at our contact e-mail page.

Privacy Policy Changes
Siphon Systems hereby reserves the right to amend, alter, modify, replace or suspend this Privacy Policy, from time to time, in its sole discretion. All such changes to this Privacy Policy will be effective when posted on Siphon Systems' website.

Questions If you have any comments or questions regarding this Privacy Policy please contact Siphon Systems via email at our contact e-mail page.