All services provided by Circle City Servers ("Circle City Servers d.b.a. Exodo LLC") may only be used for lawful purposes. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state, city law or the location of service is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless, Circle City Servers and its employees or owners, from any claims resulting from the use of service which damages the subscriber or any other party.
Circle City Servers is not responsible for any damages your business may suffer. Circle City Servers makes no warranties of any kind, expressed or implied. Circle City Servers is not responsible for any loss of data or damages due to service interruptions.
Abuse
Promoting any illegal activity or presenting content that may be damaging to Circle City Servers servers, or any other servers on the Internet are Prohibited. Links to such materials are also prohibited.
Examples of unacceptable content, links or activities:
- CPU, Resource Intensive Programs and Data Mining
- Denial of Service Attacks, Hacking or other Cyber Attacks
- Access to unauthorized devices/networks
- Unauthorized access to IP addresses
- Distribution of Malware and Viruses
- Spamming & Mass Mailing
- Port Scanning
- Phishing
- Pornography
- Cryptocurrencies
- Tor Nodes
Transmission or storage of any data or material that is in violation or regulation of any law is prohibited. This includes: copywritten material, trademarks, or any other illegal content including but not limited to:
- Music, Movies, Pictures, Pirated Software, and Hacker Programs.
- Warez, Image/File Dumps, Mirrors
- Sale of Controlled Substances
- IP Scanning, Brute Force and Spam Scripts
In the case where Circle City Servers receives a valid claim/complaint, Circle City Servers will make their best efforts to get in touch with the client and forward the complaint directly to them.
Circle City Servers expects the client to respond within a week, to deal with any abuse claim/complaint, directly with the original sender.
No response from clients & repeated valid abuse claim/complaints will result in service suspension with no refund.
Server Abuse
Any attempt to undermine or cause harm to server(s) or customer of Circle City Servers, is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled with no refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All clients, sub-networks, distributive hosting sites, colocation servers, virtual servers and dedicated servers of Circle City Servers must adhere to the above policies, with the exception of system resources in respect to dedicated servers and colocation.
Payments
Accounts will not be activated until the first month's payment is received and the account is verified. Users will receive invoices via email at least one week prior to the service due date. Invoices must be paid on or by the date of the invoice.
Circle City Servers provides a 3 day grace period, after the invoice is due. Failure to pay the invoice within the grace period will result in service suspension. Services will be terminated, and data deleted, on the 7th day after the due date, of the invoice, if no payment has been received.
Circle City Servers is not responsible for any data loss due to non-payment.
Money back guarantee & refund policy
We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, all refunds are forfeit.
Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. VPS services can be cancelled at the end of invoice cycle. Cancellation for all other services require 30 days' notice.
Backups/Disaster Recovery
Circle City Servers processes and encrypts weekly backups of all VPS and hosting services, however, it is strongly advised for all customers to do their own backups, as all VPS and hosting service offerings are unmanaged. Reliability and availability of backups generated by Circle City Servers are not guaranteed.
Bandwidth Usage
Many of our plans come with a predetermined amount of traffic allowance. Services will be rate limited to 1mbps, upon going over the service allocated bandwidth. We will not fully suspend or disconnect your service upon bandwidth overages. Additional bandwidth may be purchased at any time.
Fair Use Policy
Our unmetered service plans are subject to fair use policy. Under the fair use policy, you accept that the bandwidth is shared, and the speeds are not guaranteed. Additionally, you are expected to not be utilizing your port to its full capacity 24x7x365. Under our fair use policy, you will never be charged for bandwidth overages, however, Circle City Servers reserves the right to throttle your port speed, if you are determined to be abusing our fair use bandwidth policy or degrade our network infrastructure or other customers. Please feel free to contact us, if you require a port with dedicated bandwidth, for an extra fee.
Account Activation
By activating your account with Circle City Servers, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and reject the terms, full refunds for the new purchased service(s) will be sent.
Limitation of Liability
Circle City Servers shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Circle City Servers servers going off-line or being unavailable for any reason whatsoever. Furthermore, Circle City Servers shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any data from one of Circle City Servers servers.
Violations
Violations of these Acceptable Use Policies should be referred to [email protected]. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account and service deactivation.
Disclaimer
Circle City Servers cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Circle City Servers are resold. Thus, certain equipment, routing, software and programming used by Circle City Servers are not directly owned or written by Circle City Servers. Moreover, Circle City Servers holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Circle City Servers sees fit.
Circle City Servers reserves the right to amend any or all the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our offerings.
If you have any questions with regards to the above terms, please feel free to get in touch with us and we will gladly address them.
