By submitting the online order form, or by using SharkSpace's service, Customer hereby agrees to SharkSpace’s Terms of Service (TOS), Acceptable Use Policy (AUP), No Spam Policy (NSP), Copyright Statement, and Privacy Policy.

Unless otherwise specified, in this TOS, the AUP, the NSP, Copyright Statement, and the Privacy Policy, the usage of “us”, “we”, “our”, and “ours” shall refer to SharkSpace, an online infrastructure service provider, and all its divisions, subsidiaries, successors, and assigns. The usage of “you”, “your”, “they”, and “them” shall refer to the Customer of SharkSpace.

Customer agrees that it shall comply with this TOS, SharkSpace's Acceptable Use Policy (AUP), SharkSpace’s No-Spam Policy (NSP), and SharkSpace's Copyright Statement. Customer further agrees that it has read SharkSpace’s Privacy Policy and agrees to all the terms and conditions in the Privacy Policy. In this document, the word “Agreement,” with a capital “A,” refers to the TOS, the AUP, the NSP, Copyright Statement and the Privacy Policy collectively.

1. General Terms.

In consideration of hosting services to be delivered, Customer agrees to be bound by the following terms and conditions:
1.1. Customer agrees to pay, in advance of each monthly or yearly service term (Customer's choice), for hosting services to be rendered.
1.2. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order SharkSpace’s service for a certain minimum period of time.
1.3. Customer agrees to a no-refund policy in advance. Setup fees and monthly web hosting service fees are non-refundable.
1.4. Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 days of notice.
1.5. SharkSpace is not and shall not be responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer’s failure to pay for SharkSpace’s services.
1.6. Customers agrees to pay all GST applicable to your account (GST is included in all costs quoted on SharkSpace website).

2. Agreement for Services.

2.1. SharkSpace will provide, and Customer will purchase and pay for, the website hosting services (the “Services”), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement.
2.2. In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds the allotted amount specified in Customer’s contract, Customer will pay SharkSpace any additional fees as required to cover excess usage costs. Customer understands that upgrading to the next higher account which will include increased bandwidth is an option available at any time.

3. Payment.

3.1. Establishment and provision of service is contingent upon receipt of payment from Customer to SharkSpace.
3.1.1. Customer must pay in full for the Services before SharkSpace begins to provide the Services to Customer.
3.1.2. Setup fees will be charged and are due at the time of the Customer’s initial request of the Services requiring setup, unless specified that no set up fees are due.
3.2. Payment is due on the defined monthly recurring billing date of each month. Customer approves the recurring billing of Customer's Credit Card at the amount and at the frequency chosen by Customer.
3.2.1 Hosting Renewal charges will occur at the due date automatically if you have a credit card on file or have an active Paypal subscription. If automatic invoice charging on the due date fails or you fail to pay the invoice manually, Service will be interrupted on accounts that reach 10 days past due. All accounts that are interrupted for being 10 days overdue will be charged a $10 late fee. Accounts that are 30 days overdue will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to SharkSpace a "Processing and Collection" Fee of $110.00 incl GST if you live in the United States and a Collection" Fee of $190.00 incl GST if you live in a country other than the United States.
3.2.2 Invoices that have been paid more than once with multiple Paypal Subscriptions created by the client can only be added as credit towards the account and cannot be refunded via Paypal. All duplicate payments will automatically be added to the client's account as a credit by the billing system.

4. Delinquent Accounts.

SharkSpace may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which SharkSpace may be entitled under this Agreement or under applicable law.

5. Account Cancellation.

Customers may voluntarily cancel their account at any time, for any reason or for no reason, by filling out the “Cancellation Request Form” which is provided on the SharkSpace website. You can find the “Cancellation Request Form” at the following Web page:

http://www.sharkspace.com/cancellation.html

Once a Customer has cancelled their account, no more charges will be billed to the credit card. Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that SharkSpace does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable. After the cancellation form is submitted, SharkSpace reserves the right to immediately terminate your account. No backups will be provided after cancellation.

To cancel a shared or reseller account you must submit a cancellation form 5 days before your account rebills. If the cancellation form is not submitted 5 days before your account rebills you will be responsible for the next months payment.

To cancel a dedicated server you are required to submit the cancellation form 10 days before your dedicated server payment rebills. If the form is not submitted 10 days before you will be responsible for the dedicated server payment for the next month.

 

6. Refunds and Disputes.

IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6, ALL PAYMENTS TO SHARKSPACE ARE NONREFUNDABLE.
All payments to SharkSpace are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in SharkSpace's sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service.
6.1. 30 Day Money Back Guaranatee is only offered on normal shared and reseller accounts. Not including Dedicated Servers, Semi-Dedicated Plans, Domain Names, Dedicated IP addresses and/or any other addon service ordered. The 30 day money back request must be made within 30 days of the account creation. There will be a full refund of the amount paid for the shared or reseller plan if filed within the 30 day period.
6.2. 99.9% Uptime Guarantee will be determined at the end of the calender month by SharkSpace's monitoring system and no other.
If you have:
(100% - 99.9% uptime) -- No Refund
(99.9% - 99.5% uptime) -- 10% Refund
(99.5% - 99% uptime) -- 15% Refund
(99% - 98% uptime) -- 20% Refund
(98% - 95% uptime) -- 50% Refund
(less than 95% uptime) -- 100% Refund
You will not receive a refund larger than what you have paid. A refund will not be issued on addon services, but only on the actual hosting monthly fee.
SharkSpace does not include the following events in the calculation of the monthly uptime, since we have no control over the events. SharkSpace shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or DDOS attacks, or hardware failures, or scheduled maintenance or any cause beyond the reasonable control of SharkSpace.
6.3 24 Hour Response Guarantee is valid only for current clients that have a valid support ticket number in the correct SharkSpace department. Every ticket you create that is not initially replied to within 24 hours you will receive a $1.00 credit off of your next months hosting payment. You can not receive a credit higher than the amount you pay monthly for your SharkSpace web hosting package. Users abusing the ticket system will not receive any credit or refund.

7. Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement.

8. SharkSpace reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following:

8.1. the Acceptable Use Policy, or
8.2. the No-Spam Policy.
8.3. Copyright Statement

9. Customer agrees to defend, indemnify, and hold harmless SharkSpace, its divisions,. agents, subsidiaries, successors, assigns, employees of SharkSpace against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable legal 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.

10. SHARKSPACE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR

10.1. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF SHARKSPACE’S SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR
10.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.

11. SHARKSPACE PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SharkSpace DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND SHARKSPACE SHALL HAVE NO LIABILITY THEREFOR.

12. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHARKSPACE DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.

13. SHARKSPACE DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.

14.No Waiver of Rights by SharkSpace.
Any failure by SharkSpace to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of SharkSpace’s rights.

15. Notices.

15.1. From SharkSpace to Customer.
SharkSpace will notify you by e-mail of any notices that SharkSpace is required to provide to you under this Agreement, at the most current e-mail address you have provided to SharkSpace.
By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that SharkSpace has your most current e-mail address, and SharkSpace shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that SharkSpace sends to the most current e-mail address you have provided to SharkSpace.
15.2. From Customer to SharkSpace.
Unless otherwise specified in this Agreement, notices to SharkSpace shall be sent to the following address:

SharkSpace
P.O. Box 102
Medford, WI 54451

16. Governing Law.

This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.

17. Currency.

All monetary amounts to which this Agreement refers shall be in American (USD) dollars.

18. Goods and Services Tax (GST).

In accordance with Fedral Goivernment Legislation, all fees, charges and costs quoted on the SharkSpace website is inclusive of GST. A Statement/Tax Invoice clearly showing the cost of Service/s and the GST dollar value paid is provided by email to Customer in each instance where payment has been made to SharkSpace by Customer.

19. Entire Agreement.

This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and SharkSpace, and supersedes any prior or previous agreements between you and SharkSpace with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which SharkSpace notifies you from time to time, pursuant to this Agreement.

20. No Oral Modification of this Agreement.

This Agreement may not be modified orally.

21. Assignment.

21.1 Customer shall not assign or attempt to assign its obligations under this Agreement without SharkSpace’s prior and express written consent to such assignment.
21.2. SharkSpace may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer.

22. Consent to Jurisdiction; Venue.

Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined SharkSpace.

23. Choice of Law.

For all purposes, this Agreement shall be deemed to have been made within the State of Wisconsin. This Agreement shall be governed by the laws of Wisconsin and the laws of the United States of America.

24. Force Majeure.

SharkSpace shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of SharkSpace.

25. Severability of Terms of this Agreement.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.

26. Limitation of Actions Arising Under this Agreement.

Any cause of action you may have with respect to SharkSpace’s performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.