123 Surfs Up Server Terms of Use Policy. Customer Account Information To use the service, must complete the registration process by providing us with current, accurate information as prompted by the Registration Form, including email address(es). You shall at all times provide 123 Surfs Up with accurate information. You affirm you are at least 18 years of age. Users are entirely responsible for any and all activities that occur under their 123 Surfs Up account. Customers agree to notify 123 Surfs Up immediately of any unauthorized use of their account or breach of security. Billing All 123 Surfs Up users are required to pay via 123 Surfs Up's Pay Pal subscription program. Your credit card or bank account will be debited your monthly or yearly service fees automatically, unless another payment form is authorized by 123 Surfs Up. Deposits All new monthly Internet Access customers will be required to pay a deposit for the amount of their monthly billing plus their first month of access at signup. Deposits are fully refundable and will be applied to the user's last billing term when/if the user decides to terminate their service with 123 Surfs Up or the deposit will be returned to you up to 30 days after your last day of service, if you follow by our Cancellations terms (see Cancellations/Internet Access). Deposits are automatically applied to any Internet Access account in default. (seeDefaulted Internet Access Accts) Setup Fees There may be a setup fee required for your new 123 Surfs Up service account. Setup fees are charged due to the time involved in setting up the Customer's hosting and website on the server. Setup Fees are non refundable. Late Payments 123 Surfs Up strives to provide qaulity services at an affordable price. In order to keep our prices down we depend on our customers to make their payments for service in a timely manner. Customer Accounts unpaid by the due date will incurr a $2.00 late fee, unpaid net 20 days will receive a 10 day disconnect warning via email, unpaid net 30 days will be considered in default and automatically disabled. Defaulted Hosting Accts Hosting/Website Accounts in default must pay a $60 reconnect fee and bring the account to a $0 balance for service to be reinstated. Defaulted Internet Access Accts The Customer's deposit on file will be applied to the billing term due and the account will be disabled. In order to restore the account the Customer must pay the next month's billing amount and a new deposit in the amount of one month's worth of access. Payment By echeck If you want to use an echeck you must make sure that the echeck CLEARS by the due date on your invoice. If your echeck clears after the due date your account will accrue a $2 late fee. (echecks can take up to 10 days to clear) Cancellations Customers may cancel their 123 Surfs Up Account at anytime with a 30 day written notification to 123 Surfs Up. When your cancellation notification has been received by 123 Surfs Up your account will be balanced according to a 30 day term all files will be removed from the SGI Network on the 30th day. Once an account is cancelled the customer will not use, post, transmit, copy, sell or download any of the SGI Networks or 123 Surfs Up's graphics, html code or programming provided for the customer's use via the service. Spamming Spamming includes, but is not limited to; the bulksending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients; the sending of junk mail, the use of distribution lists that include people who have not given specific permission to be included in such distribution process, e-mail harassment of another Internet user or users, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive, and the e-mailing of age- inappropriate communications or content to anyone under the age of 18. Engaging in the practice of sending unsolicited electronic messages may result in termination of the offender's account and/or access to SGI Network services. 123 Surfs Up reserves the right to determine, in its sole discretion, whether the customer in violation was willingly participating in the act of spamming. If 123 Surfs Up, the SGI Network, it's providers or affiliates receive any abuse reports for a customer or determine the customer to be in violation of this policy that customer's SGI account will be immediately and permanently terminated without notice and in such violation of the service will not receive a refund for any time left on the offenders account if any. Additionally the Customer retains full responsibility for any monetary damages to 123 Surfs Up it's subsidiarys, providers or affiliates incurred as a direct consequence of the violation by that customer and the customer will be held responsible to the fullest extent of the governing laws of the respective jurisdictions and/or the state of Illinois. Illegal Activities Customers shall not use 123 Surfs Up's Service in a manner, which violates any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol. Customers shall not attempt to interfere in anyway with Surfs Global networks or network security, or attempt to use the 123 Surfs Up Service to gain unauthorized access to any other computer system. Customers shall not interfere in anyway with another Customers use of the 123 Surfs Up Service. Intellectual Property Rights Any violation of any person's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. 123 Surfs Up is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below). Misrepresentation of Transmission Information Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of an message is prohibited. Viruses and Other Destructive Activities Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mailbombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet. Hacking "Hacking" and related activities is prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking. Export Control Violations The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited. Pornography The use of the Services to store, post, display, transmit, advertise or otherwise make available any type of pornography is strictly prohibited. 123 Surfs Up and/or the SGI Network will immediatley delete any website on the service posting material of this nature. 123 Surfs Up is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Service. Other Illegal Activities The use of the Services to engage in any activities that are determined by Surfs Global, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. 123 Surfs Up will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services. Obscene, Defamatory, Abusive or Threatening Language Use of the Services determined by 123 Surfs Up, in its sole discretion, to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited. Other Activities Engaging in any activity that, in 123 Surfs Up's sole discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Surfs Global's business, operations, reputation, goodwill, customers and/or customer relations, or the ability of 123 Surfs Up's customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this TOS Policy. In addition, the failure by a Customer to cooperate with Surfs Global or the SGI Network in correcting or preventing violations of this TOS Policy by, or that result from the activity of, a customer of the User is a violation of the TOS Policy. In general, 123 Surfs Up does not monitor its customers' websites or activities to determine whether they are in compliance with this Usage Policy. However, when 123 Surfs Up becomes aware of any violation of the TOS Policy or its User Agreement, 123 Surfs Up may take any action to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet, and/or removing information. In addition, 123 Surfs Up may take action against a user or a customer of such User because of the activities of such customer. 123 Surfs Up reserves the right to take any such action even though such action may affect other customers of the User. 123 Surfs Up may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request, to protect 123 Surfs Up or others from harm, and/or to ensure the proper operation of the Services. 123 Surfs Up has no obligation to notify any person, including the Subscriber about whom information is sought, that 123 Surfs Up has provided the information. Copyright Notice Infringement Information In accordance with the Digital Millennium Copyright Act, 123 Surfs Up has adopted a policy that provides for termination of websites hosted by 123 Surfs Up that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by 123 Surfs Up or its subsidiaries, and the copyright holder wants 123 Surfs Up to remove the website or disable the material in question, 123 Surfs Up will remove the website or disable the material if the copyright holder provides us with all of the following information: A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Policy Changes 123 Surfs Up has all policies and terms of service posted on this site at all times. We reserve the right to make changes to our policies at anytime. Although 123 Surfs Up does provide customers with reasonable notification of policy changes it is not obligated to do so and such notifications may not always be received by the customer due to circumstances outside of our control, therefore it is each customer's responsibility to stay informed of new policy changes by visiting this page periodically.