Policies

Overview

Siphon Solutions, Inc. 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 Solutions, Inc.’ website and computer network and each customer that purchases any product or service from Siphon Solutions, Inc. 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.

Please note that Siphon Solutions, Inc. 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 Solutions, Inc.’ Legal Department at our contact e-mail page.

Violations & Complaints

As a provider of hosting services, Siphon Solutions, Inc. provides resources with which our customers host thousands of websites. Please note that Siphon Solutions, Inc. 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 Solutions, Inc. (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 Solutions, Inc. 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 Solutions, Inc. 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 Solutions, Inc.’ Legal Department at our contact e-mail page or faxed to our Legal Department’s compliance representative at (818) 630-7280.

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 Solutions, Inc.’ 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 Solutions, Inc.’ website, this “AUP”)
of SIPHONISP.COM or SIPHON.NET. (“Siphon Solutions, Inc.”), is designed to (i) protect
Siphon Solutions, Inc.’ customers, users of Siphon Solutions, Inc.’
website, Products and Service, Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, 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 Solutions, Inc.’ website, Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, 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 Solutions, Inc., its website, Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) network and its physical infrastructure (“Siphon Solutions, Inc.
(SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) services”).
This AUP applies to each user that subscribes for Siphon Solutions, Inc.
(SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) services (“Customers”), all users of Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) services and all users that access or utilize Siphon Solutions, Inc.’ website, Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) network or its physical infrastructure, whether or not such users are customers of Siphon Solutions, Inc., 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 Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) network or physical infrastructure as a part of Siphon Solutions, Inc.
(SIPHONSOLUTIONS.COM, SIPHONISP.COM, 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 Solutions, Inc.’ Terms of Service, Siphon Solutions, Inc.’ Service Level Agreement and Siphon Solutions, Inc.’ 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 Solutions, Inc.’ website, Siphon Solutions, Inc.
(SIPHONSOLUTIONS.COM, SIPHONISP.COM, 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 Solutions, Inc.’ Terms of Service,
SLA and Privacy Policy may be reviewed or printed by Customer at the
Legal section of Siphon Solutions, Inc.’ 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 Solutions, Inc. reserves the right to amend or modify this AUP from time to time,
and a User’s use of Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) services, Siphon Solutions, Inc.’ network and physical infrastructure after changes to
the AUP are posted on the legal department page of Siphon Solutions, Inc.’ 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 Solutions, Inc.. 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 Solutions, Inc. to monitor, review,
or police the data and content residing on Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) network or (b) create any obligation or duty of Siphon Solutions, Inc. to any party that is not a Customer, including, but not limited to, any Third Party User. Unless and until notified, Siphon Solutions, Inc. is not likely to be aware of any violations of this AUP or any violations of law. Siphon Solutions, Inc. expects all Users to notify us of any violations of law or violations of this AUP. Siphon Solutions, Inc. EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR INTERMEDIATELY, TEMPORARILY OR PERMANENTLY STORED ON Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, 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 Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) services, Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) network or its physical infrastructure which, in Siphon Solutions, Inc.’ 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 Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, 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 Solutions, Inc.
(SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) services or transmit over Siphon Solutions, Inc.
(SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) network, any material believed by Siphon Solutions, Inc. to constitute child pornography. In addition to any other actions it may
take under this AUP, Siphon Solutions, Inc. 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 Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, 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 Solutions, Inc. reserves the right to disconnect without refund or the provision of service credit any Servers which disrupt Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, 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 Solutions, Inc. 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 Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, 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 Solutions, Inc. 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 Solutions, Inc.’
Intellectual Property Infringement Policy, any copyright law or any
other intellectual property right, Siphon Solutions, Inc. reserves the
right to (i) suspend permanently or terminate Siphon Solutions, Inc.
(SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) services of such Customer and/or (ii) suspend permanently or terminate the access to Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) services, Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, 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 Solutions, Inc. upon its request. If a User cannot provide positive and verifiable proof of such consents and opt-ins, Siphon Solutions, Inc. 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 Solutions, Inc. 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 Solutions, Inc.
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 Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, 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 Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) services, Siphon Solutions, Inc.
(SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) network or its physical infrastructure in a manner that causes Siphon Solutions, Inc. to be “blacklisted” or blocked, Siphon Solutions, Inc. reserves the right to (i) suspend permanently or
terminate Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) services of such Customer and/or (ii) suspend permanently or terminate the access to Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) services, Siphon Solutions, Inc.
(SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) network or its physical infrastructure by such Third
Party User. Operating Siphon Solutions, Inc. 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 Solutions, Inc.’ mail servers or IP address ranges are placed on black hole lists
or other mail filtering software systems, Siphon Solutions, Inc. shall
charge Customer $100 upfront and $100 per hour thereafter for any
necessary remedial actions.

IP Allocation

Siphon Solutions, Inc. 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 Solutions, Inc.. Siphon Solutions, Inc. 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 Solutions, Inc. 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 Solutions, Inc. 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 Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) services, Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) network or its physical infrastructure or content located on its Servers or transmitted using
Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) services, Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, 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 Solutions, Inc. may charge a User or any person
seeking compliance with an Investigation for the reasonable costs and
expenses associated with Siphon Solutions, Inc.’ compliance with any
Investigation. Siphon Solutions, Inc. 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 Solutions, Inc.
shall not be in default under any agreement for Siphon Solutions, Inc.
(SIPHONSOLUTIONS.COM, SIPHONISP.COM, 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 Solutions, Inc. also reserves the right to
disclose information relating to Users and their use of Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) services, Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, 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 Solutions, Inc. in
its sole discretion.

Violations of AUP

Siphon Solutions, Inc. 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 Solutions, Inc. may:

  • Disable access to a User’s content that violates this AUP.
  • Suspend
    or Terminate a User’s access to Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET)
    services, Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, 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 Solutions, Inc. 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 Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) services, Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) network or its physical infrastructure in a manner that exposes Siphon Solutions, Inc. to potential liability, as
reasonably determined by Siphon Solutions, Inc., Siphon Solutions, Inc. may
suspend permanently or terminate the access to Siphon Solutions, Inc.
(SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) services, Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, 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 Solutions, Inc. may take
to enforce and ensure compliance with this AUP. Siphon Solutions, Inc.
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 Solutions, Inc. 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 Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, 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 Solutions, Inc. to unfavorable regulatory
    action, subject us to any liability for any reason, or adversely affect
    Siphon Solutions, Inc.’ 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 Solutions, Inc.
    (“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 Solutions, Inc.’ website, the “SLA”)
    governing the Customer’s limited right to recover certain service
    credits and (iii) Siphon Solutions, Inc.’ 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 Solutions, Inc.’ Acceptable
    Usage Policy (as in effect from time to time as set forth on Siphon Solutions, Inc.’ 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 Solutions, Inc.’
    website, Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, 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 Solutions, Inc. 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 Solutions, Inc.’ website, the
    “Privacy Policy”). Current copies of Siphon Solutions, Inc.’ SLA, AUP and
    Privacy Policy may be reviewed or printed by Customer at the Legal
    section of Siphon Solutions, Inc.’ 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 Solutions, Inc.’ website, Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, 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 Solutions, Inc. agrees to provide
    the Products and Services in accordance with the terms and conditions
    of this Agreement beginning on the Effective Date. Siphon Solutions, Inc.
    may perform additional technical, supplemental, or professional
    services (other than the Products and Services) for Customer at either
    Siphon Solutions, Inc.’ published pricing rates or at rates mutually
    agreed to in writing between Customer and Siphon Solutions, Inc.. Also,
    Siphon Solutions, Inc. 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 Solutions, Inc. 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 Solutions, Inc. 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 Solutions, Inc. 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 Solutions, Inc. may immediately terminate this
    Agreement at any time, and without liability, upon the occurrence of
    any of the following events (“Siphon Solutions, Inc. Termination”): (i)
    Customer’s failure to pay any overdue amount within ten days after
    written notice by Siphon Solutions, Inc. 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 Solutions, Inc. 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 Solutions, Inc. determines
    in its sole discretion that Customer continues to host content that may
    subject Siphon Solutions, Inc. to legal liability (in which case, Siphon Solutions, Inc. 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 Solutions, Inc. 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 Solutions, Inc. (“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 Solutions, Inc. does not
    then provide general customer support, Customer shall pay to Siphon Solutions, Inc. an amount equal to Siphon Solutions, Inc.’ 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 Solutions, Inc.
    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 Solutions, Inc. 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 Solutions, Inc.
    under these Terms of Service, (ii) immediately remove from Siphon Solutions, Inc.’ premises all property owned by Customer, including,
    but not limited to, immediately removing all of Customer’s data from
    Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) network (including all servers owned
    or operated by Siphon Solutions, Inc.), and (iii) return to Siphon Solutions, Inc. all software, access keys, and any other property
    provided to Customer by Siphon Solutions, Inc. under this Agreement. Any
    physical property of Customer not removed from Siphon Solutions, Inc.’
    premises within forty-five (45) days after such termination shall
    become the property of Siphon Solutions, Inc., 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 Solutions, Inc. all expenses incurred by
    Siphon Solutions, Inc. 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 Solutions, Inc. is given to Customer, Siphon Solutions, Inc. may suspend performance under this Agreement and if such
    past due amounts remain unpaid within five (5) days thereafter, Siphon Solutions, Inc. may terminate this Agreement. Siphon Solutions, Inc. 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 Solutions, Inc. 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 Solutions, Inc. for any reason constituting “Siphon Solutions, Inc.
    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 Solutions, Inc. according to the terms herein.
  6. Indemnification. Customer agrees to indemnify and hold harmless Siphon Solutions, Inc., 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 Solutions, Inc. 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 Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) NETWORK,
    RECLAIMATION OF SERVERS BY Siphon Solutions, Inc. FAILURE OF SERVERS, THE
    RELOADING OF AN OPERATING SYSTEM OR OTHER SOFTWARE ON A SERVER OR THE
    NEGLIGENCE OF Siphon Solutions, Inc.. CUSTOMER IS SOLELY RESPONSIBLE FOR
    SAFEGUARDING, BACKING UP AND ARCHIVING ALL DATA OWNED, CONTROLLED OR
    TRANSMITTED BY CUSTOMER THAT RESIDES ON Siphon Solutions, Inc.
    (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) NETWORK OR ANY SERVER OWNED OR OPERATED BY Siphon Solutions, Inc..IN NO EVENT SHALL Siphon Solutions, Inc.’ AGGREGATE LIABILITY FOR ANY
    CLAIM UNDER THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT PAID BY CUSTOMER
    TO Siphon Solutions, Inc. IN THE BILLING CYCLE IMMEDIATELY PRECEEDING SUCH
    CLAIM.Siphon Solutions, Inc. 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 Solutions, Inc. SHALL
    HAVE NO LIABILITY THEREFORE.
    NO CLAIM MAY BE ASSERTED BY CUSTOMER AGAINST Siphon Solutions, Inc. 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 Solutions, Inc.’ SOLE AND EXCLUSIVE LIABILITY, FOR ANY
    FAILURE OF Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) NETWORK, Siphon Solutions, Inc. HARDWARE OR Siphon Solutions, Inc. INFRASTRUCTURE OR THE FAILURE BY
    Siphon Solutions, Inc. 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 Solutions, Inc. will monitor Customer’s bandwidth and disk usage.
    Siphon Solutions, Inc. 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 Solutions, Inc. in its sole and absolute discretion. If Siphon Solutions, Inc. 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 Solutions, Inc. 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 Solutions, Inc., 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 Solutions, Inc.’ records or if to Siphon Solutions, Inc.
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).

Jaurigue Law Group
Client: Siphon Solutions, Inc.
114 N. Brand Blvd., Suite 200
Glendale, CA 91203
Phone: (818) 630-7280
Fax: (888) 879-1697
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 Solutions, Inc.’ Use of Customer’s Name. Customer agrees that Siphon Solutions, Inc. may, upon written consent by Customer, publicly disclose that Siphon Solutions, Inc. is providing services to Customer and may include Customer’s name in any promotional materials, such as press
releases or Siphon Solutions, Inc.’ 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 Solutions, Inc. or interfere in the employment relationship between Siphon Solutions, Inc. and any of its employees with whom Customer has had contact in connection with this Agreement.

Ownership. Siphon Solutions, Inc. shall be the sole owner of all
intellectual property, and all derivatives thereof, that Siphon Solutions, Inc. 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 Solutions, Inc. acknowledges and agrees that the
hardware provided by Customer to Siphon Solutions, Inc. 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 Solutions, Inc. 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 Solutions, Inc.’ prior written consent. Siphon Solutions, Inc. 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 Solutions, Inc. 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 Solutions, Inc.
(SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) network to those persons that have purchased Products and
Services directly from Siphon Solutions, Inc. (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 Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) network and/or the failure of Siphon Solutions, Inc. to provide the Products and Services purchased by
Customer from Siphon Solutions, Inc. in accordance with (i) the Terms of
Service, (ii) Siphon Solutions, Inc.’ 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 Solutions, Inc.’ website, Siphon Solutions, Inc.
(SIPHONSOLUTIONS.COM, SIPHONISP.COM, 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 Solutions, Inc. 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 Solutions, Inc.’ TERMS OF
SERVICE, AUP AND PRIVACY POLICY MAY BE REVIEWED OR PRINTED BY CUSTOMER
AT THE LEGAL SECTION OF Siphon Solutions, Inc.’ 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 Solutions, Inc.’ standard acceptable usage policy,
    as in effect and listed on Siphon Solutions, Inc.’ website from time to
    time and subject to all changes, modifications and replacements as Siphon Solutions, Inc. may effect in accordance with the Terms of Service and
    AUP.b. “Order Form” means Siphon Solutions, Inc.’ 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 Solutions, Inc. 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 Solutions, Inc.’
    managed hosting division and expressly marketed as managed hosting
    services.

    d. “Privacy Policy” means Siphon Solutions, Inc.’ standard privacy
    policy, as in effect and listed on Siphon Solutions, Inc.’ website from
    time to time and subject to all changes, modifications and replacements
    as Siphon Solutions, Inc. may effect in accordance with the Terms of
    Service and AUP.

    e. “Scheduled Maintenance” means all maintenance services for which
    Siphon Solutions, Inc. gives Customer at least five (5) days prior notice
    of such maintenance services via Siphon Solutions, Inc.’ outage mailing
    list maintained on Siphon Solutions, Inc.’ customer portal.

    f. “Service Credit” means a credit, calculated in accordance with this
    SLA, issued by Siphon Solutions, Inc. to the Customer in respect of
    products and services contracted for, but not delivered by Siphon Solutions, Inc. in accordance with the Agreement due to a Qualified
    Network Downtime Event.

    g. “Terms of Service” means either (i) Siphon Solutions, Inc.’ standard
    terms of service as in effect and listed on Siphon Solutions, Inc.’
    website as of the date of Customer’s purchase of Products and Services
    or (ii) solely to the extent Siphon Solutions, Inc. and Customer have
    separately negotiated written terms of service different from those
    referred to in clause (i), Siphon Solutions, Inc.’ 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 Solutions, Inc.” means Siphon Solutions, Inc.., together with its successors and assigns.

    i. “Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) network” means the portion
    internal computer network owned or operated on behalf of Siphon Solutions, Inc. 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 Solutions, Inc. assures Customer 100% uptime availability of Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) network covered by this SLA. Subject to
    Section 3 below, in the event that Siphon Solutions, Inc. 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 Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) network or
    the failure of Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, 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 Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET)
    network (other than as specified below, each such event, a “Qualified
    Network Downtime Event”), Siphon Solutions, Inc. 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 Solutions, Inc.’ customer portal or
    through Siphon Solutions, Inc.’ 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 Solutions, Inc. 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 Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) network
    out to internet backbone carriers and does not include third party
    carrier latency or peering issues not utilized by Siphon Solutions, Inc..
  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 Solutions, Inc., including any Force Majeure Event, (ii) to any
    Customer that is more than thirty (30) days past due on any amount
    owing to Siphon Solutions, Inc. or any Customer that has breached the
    Agreement or (iii) in respect of any products or services contracted
    for with Siphon Solutions, Inc. 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 Solutions, Inc.’ 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 Solutions, Inc.,
    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 Solutions, Inc. may, from time to time, perform maintenance
    service on Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) network, with or without
    notice to Customer, which may result in the unavailability of Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, 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 Solutions, Inc.’ outage mailing list and provide
    accurate and timely information in Siphon Solutions, Inc.’ customer
    portal in order for Siphon Solutions, Inc. to notify Customer of all
    Scheduled Maintenance. Customer’s failure to subscribe to Siphon Solutions, Inc.’ outage mailing list or to provide accurate and timely
    information on Siphon Solutions, Inc.’ 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 Solutions, Inc. 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 Solutions, Inc.’
    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 Solutions, Inc.’ ability to connect
    Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) network to such server and monitor
    such server. In the event that Customer substantially impairs Siphon Solutions, Inc.’ ability to connect Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, 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 Solutions, Inc. 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 Solutions, Inc. to connect Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) network to such
    server, Siphon Solutions, Inc. 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 Solutions, Inc.’
    then-current professional services rate. Siphon Solutions, Inc. 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 Solutions, Inc.’ products
    and services (each, a “Force Majeure Event”). Siphon Solutions, Inc.
    agrees to exercise reasonable efforts to mitigate the damage arising
    from Force Majeure Event; however, under no circumstances will Siphon Solutions, Inc. or its affiliates be held liable for any cost, expense,
    liability, claim or damage due to such interruptions. In no event shall
    Siphon Solutions, Inc. 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 Solutions, Inc.’ sole and exclusive
    liability, for any failure of Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, SIPHON.NET) network
    or failure by Siphon Solutions, Inc. to provide Customer with the products
    and services purchased by Customer in accordance with the Agreement
    which results from a Qualified Downtime Event. Siphon Solutions, Inc.
    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 Solutions, Inc.’ PRODUCTS AND SERVICES AND Siphon Solutions, Inc. (SIPHONSOLUTIONS.COM, SIPHONISP.COM, 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 Solutions, Inc.’ WEBSITE (WWW.SIPHONISP.COM or SIPHON.NET) WILL CONSTITUTE THE
    CUSTOMER’S ACCEPTANCE OF ANY SUCH AMENDMENTS, MODIFICATIONS OR
    TERMINATION.

Privacy Policy

Siphon Solutions, Inc.. (together with its subsidiaries and affiliates, “Siphon Solutions, Inc.”), respects the privacy and security of its customers
and users of its website. Siphon Solutions, Inc. 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 Solutions, Inc. sometimes collects information during
your visits to our website. We will not disclose this information to
any person or organization outside Siphon Solutions, Inc., 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 Solutions, Inc. 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 Solutions, Inc. may
collect information to administer the site and analyze its usage. Siphon Solutions, Inc. 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 Solutions, Inc.’ 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 Solutions, Inc.’ 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 Solutions, Inc. 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 Solutions, Inc.’ products and services.

As a security measure and to ensure that our website and computer
network remain available to all customers, Siphon Solutions, Inc. 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 Solutions, Inc.’ 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 Solutions, Inc..

How We Use Your Information

Siphon Solutions, Inc. 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 Solutions, Inc. 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 Solutions, Inc. 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 Solutions, Inc.” 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 Solutions, Inc. 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 Solutions, Inc. 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 Solutions, Inc. 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 Solutions, Inc. (as described above);
  • with
    agents and contractors who use such information on behalf of Siphon Solutions, Inc. or in connection with administering or delivering
    products and services on behalf of Siphon Solutions, Inc.; and
  • as needed in connection with the transfer of business assets.

Links to Other Websites

Siphon Solutions, Inc.’ website contain links to sites maintained by
other companies that are not affiliated with Siphon Solutions, Inc.. 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 Solutions, Inc. 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 Solutions, Inc.’ website.

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