Terms of Service Agreement

rev 01.01.01

1. Introduction

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

2. Definitions

A "SoftekServices.net" refers to the web hosting service provided by Softek Services, Inc.

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

C. "The Service" refers to the service(s) provided by SoftekServices.net to its customers, including, but not limited to, the use of space on SoftekServices.net internet servers for the purpose of storing data to be transmitted across the Internet, the use of SoftekServices.net Internet servers to process data and return information to visitors at customer web site(s), the use of SoftekServices.net domain name servers to answer domain name queries for customer domain name(s), the use of SoftekServices.net domain name registration services to register a domain name(s), and the use of SoftekServices.net mail servers for sending and/or receiving electronic to and/or from others on the Internet or other data networks worldwide.

D. "Annual Fee" refers to the $200 Annual Web Hosting Fee that each and every client must pay to SoftekServices.net in order to maintain web hosting service. The annual fee is NON CANCELABLE AND NON REFUNDABLE. The Annual Fee covers the costs associated with registering and maintaining your domain name on our servers, hosting services, as well as paperwork processing, etc.

3. Scope of our Services

SoftekServices.net will provide you with services as detailed on our website at http://SoftekServices.net/.

4. Term of This Agreement

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

5. Your responsibilities

A. You MUST supply appropriate payment for SoftekServices.net service before starting use of the service.
B. You SHOULD maintain a current copy of all data stored on SoftekServices.net servers. SoftekServices.net makes backups every other week, so you should always have up to date copies of any and all data stored on our servers.
C. You MUST use the service only for lawful purposes.
D. You MUST comply at all times with our policies. In agreeing, you understand that the policies can and will change periodically without notice. A complete and updated list or our policies is located publicly at:
E. You MUST allow us to contact you in any way shape of form for purposes that we deem appropriate within the constructs of US Law.
F. You MUST not slander, libel, or publish defamatory information against us in any way or manner.

6. Service at Will

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

You have the right to terminate your relationship with SoftekServices.net at any time for any reason. You may notify us of your desire to cancel your service, in writing, via fax to (360)838-6740 or via US Mail to Softek Services, Inc., N14 W23777 Stone Ridge Dr., Suite 150, Waukesha, WI 53188. Refunds for unused portions of your service, if applicable, will be issued as provided for in section 7 of this document.

7. Refunds

SoftekServices.net provides you with a 30 day money back guarantee on all purchases. ANY AND ALL FINES or Additional Fees that you incur while using our service including but not limited to Spamming Fines, Traffic Overage Charges, Abuse Fines are NOT REFUNDABLE and are NOT CANCELABLE in ANY WAY. If you request and receive a Refund for your purchase, and you have not paid ALL of your Fines and/or Additional Charges, you will leave with a BALANCE DUE. Balance Due means that you will NOT be given access to files stored on our servers, and if you ever return to host with us, you MUST pay all Balance Due BEFORE you can host with us again. In addition, if you receive a refund, you will leave with a BALANCE DUE, meaning, you will leave OWING us $35 and the domain name that we paid for and registered for you will be the sole property of SoftekServices.net, and if you want to use the domain in the future you will have to purchase it from us via www.RegisterClub.com for the amount $70 for two years domain registration.

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

8. Indemnification

You agree to indemnify, defend, and hold harmless Softek Services, Inc. from any and all liabilities, penalties, losses, damages, costs, expenses, attorney's fees, causes of action or claims caused by or resulting directly or indirectly from your use of the service which damaging either you, SoftekServices.net ., or any other parties or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection, site content, site data, email, files, and any other web site content of any kind.

9. Warranties

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

10. Free Domain Name Information And Instructions

SoftekServices.net provides each and every fully paid 200 meg web hosting account with opportunity to receive a free .com, .net, or a .org domain name. In order to receive the free domain name, you must do one of the following: 
1. Open your account with a domain name choice that is not yet registered and is a .com, .net, or a .org domain name. If you opt for choice number one, you will need to do nothing extra, all is handled automatically for you.
2. Open your account with a domain name that is registered via Networksolutions.com and is not yet registered and is a .com, .net, or a .org domain name, and the domain is not needing to be renewed for at least 30 days. If you opt for choice number two, you MUST follow these instructions to receive your free domain name:
1. Make sure we are listed as the ADMIN CONTACT on your domain name: JW11619 - is the HANDLE THAT MUST BE LISTED. If it is not, you must get it changed so that JW11619 is listed as the ADMIN CONTACT.
2. The domain name must not be up for renewal for at least 30 days. If you attempt to TRANSFER the domain to us with a renewal date less than 30 days, NETWORKSOLUTIONS will reject it and you will have to pay one more year of fees to NETWORKSOLUTIONS.
3. If both step 1 and 2 are both done (JW11619 is listed as the ADMIN CONTACT AND the domain is not set to expire in less than 30 days), EMAIL webmaster@SoftekServices.net the following information:
B: In the BODY place the following: "Main Account Domain Name that is currently registered with networksolutions.com, has JW11619 listed as the ADMIN CONTACT AND is not set to expire in less than 30 days."
(OF COURSE, replace Main Account Domain Name with your ACTUAL DOMAIN NAME).
4. That's it. Now you must wait 10-14 business days for this to complete. You will be notified when this is complete.

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

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

12. Prior Agreements

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

13. Severability

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


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

15. Acknowledgement

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