Terms of Service v. 1.3, Updated April 14th, 2016

Summit Business IQ’s primary objective is to support our clients wherever, whenever and however possible. Our management and staff will provide the highest level of attention and dedication to all of our clients.

In pursuit of our primary objective, Summit Business IQ Web Hosting agrees to deliver the agreed services, as declared in the “New Account” confirmation, to our customers at the time of purchase, subject to the following Terms of Service (hereafter referred to as TOS).

In addition, the use of Summit Business IQ Web Hosting’s service(s) by a client constitutes an unconditional acceptance of and agreement to Summit Business IQ Web Hosting’s TOS. Summit Business IQ Web Hosting reserves the right to change or modify the TOS at any time without notice by posting the new agreement or policies. These modifications will become effective immediately. Your continued use of the site and or services indicates your agreement with our terms; therefore, it is your responsibility to review the TOS regularly.

1. Hosting: 30-Day Money Back Guarantee

Summit Business IQ Web Hosting proudly offers its clients a “30-Day Money Back Guarantee.” This guarantee allows client to purchase Summit Business IQ Web Hosting’s services with full confidence and zero-risk. Consequently, client may request a full refund within 30 days of initial sign-up and be refunded all fees paid to-date, including setup fees. Terminated accounts are not eligible for this guarantee if the termination occurred due to a violation of this TOS.

This guarantee can be requested at any time within the 30 days of the commencement of service if client is not satisfied with Summit Business IQ Web Hosting’s services or the functionality of the Web Site built for the client. If the 30-day service of the subscription has been exceeded, client is not eligible for this guarantee. A request for this guarantee must be submitted via Summit Business IQ Web Hosting’s “Contact Us” form located at this URL:

If requesting a refund, we ask that client briefly explains the reasons for doing so, as well as any suggestions on how Summit Business IQ Web Hosting could improve service.

2. Domain Registrations

Summit Business IQ Web Hosting utilizes an industry standard third party Registrar for domain name registration services. Once an order is placed for a new domain name through Summit Business IQ, we register the domain for the customer through the Registrar. Domains registered in this manner are not eligible for a refund and the cost for such domains will be subtracted from any service refund from Summit Business IQ Web Hosting. New domains may be cancelled and receive a full refund only within the first 24 hours after placing an order. This grace period only applies to new domain name registrations and is not applicable for domain renewals.

If you cancel your Summit Business IQ Web Hosting service, you will retain ownership of your domain name for as long as you continue to renew the domain. You may renew the domain through through the Registrar. Domain names are only registered for a finite period of time.

Please note that is your responsibility to renew your domain name with the domain register. You will receive reminders (from the Domain Register) immediately prior to the expiration of your registration inviting you to renew your domain name and specifying the amount of time you have to renew your domain name. In the event that you fail to renew your domain name in a timely fashion within that amount of time, your registration will expire. You acknowledge and agree that your right and interest in a domain name ceases upon its expiration and that any expired domain name may be available for registration by a third party.

If you fail to renew your registration, your domain name may cease to resolve and visitors to your site may be redirected to a default page informing them that the site is no longer in service. This default page may also feature advertisements posted by third parties for which we are not responsible or accountable for.

3. Domain Renewal Procedure

To prevent service interruptions or loss of service for your website, we advice to select the renewal settings to be automatically renewed to prevent these occurrences. This automatic renewal option is triggered upon expiration of the current applicable service and automatically renews the applicable service for a period equal to the initial period. Payment for the renewal period is taken from the payment method currently on file with the domain registrar you have selected.

The automatic renewal is the default setting for all renewals so if you do not wish your current service to be extended, you must manually disable the automatic renewal setting. If you wish to view the account renewal settings applicable to you, simply log into your control panel to review your products. You may choose to disable the automatic renewal option and if you also fail to manually renew your service before it expires, you may experience a service interruption or a complete loss of service and you acknowledge and agree that we will not be liable for any losses to you or any third party arising out of such service interruption or loss.

4. Ancillary Products

Summit Business IQ Web Hosting may, from time to time, offer customers the option to add services to their account (e.g. SiteLock) and shall pass along, to its customers, the terms under which the product is sold or subscribed. For example, if the terms of sale include no refund on an early termination, the customer shall receive no refund from either Summit Business IQ Web Hosting or the product vendor in the event of an early termination by customer.

5. 98% Uptime Guarantee

Summit Business IQ Web Hosting guarantees that your website will be up and running at least 98% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where Summit Business IQ Web Hosting has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Registrar issues with client’s domain name, routing issues between client location and Summit Business IQ Web Hosting data centre. The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that Summit Business IQ Web Hosting cannot directly influence.

If Summit Business IQ Web Hosting fails to provide 98% up time based on the above factors we will refund the monthly fee.

To request a service credit due to an uptime concern, please submit a request for this guarantee via Summit Business IQ Web Hosting’s “Contact Us” form located at this URL:

Use of Website

6. Prohibition of Adult Content

Clients of Summit Business IQ Web Hosting’s services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.

7. Prohibition of Offensive Behavior

Racist, intolerant, “hate”, defamatory, “stalking”, invitations to fight, threatening or any communication of any nature that we decide, in our sole discretion, as being improper, will result in service termination without prior notice.

8. Age Requirements on Purchases

All clients must be of adult age in the clients’ jurisdiction to make purchases on this site. Parents or guardians of minors may make purchases on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides.

9.Intellectual Property Provisions

Clients of Summit Business IQ Web Hosting’s services are prohibited from storing or posting content or links to content that infringe, or otherwise violate the intellectual property rights of third parties (e.g. trademark, patent or copyright infringements).

All content provided within or via this site is protected by international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, reverse engineered, decompiled, exchanged, traded, or broadcast in any way without the written permission of the content owner.

10. “Fair-Use” Resource Assignment

Summit Business IQ Web Hosting offers commercially reasonable high-limit or unlimited amounts of disk space and/or other resources, such as bandwidth transfer, number of email accounts or FTP accounts. File quota limits are enforced to ensure system operating integrity and reliability and are limited to 100,000 files on Windows and Linux plans. The intention of Summit Business IQ Web Hosting is to provide ample resources for customer convenience, so that customers needn’t to worry about exceeding limits.

It is acknowledged by users of Summit Business IQ Web Hosting services that these resource allotments are optimized and dedicated towards serving web documents and self-need email / FTP services and is not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly or privately accessible area, and must be directly related to the general nature of the website index. Illegal content such as pirated software, music or other media are strictly prohibited and are not allowed on Summit Business IQ Web Hosting servers.

It is also acknowledged by users of Summit Business IQ Web Hosting services that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. Users must realize that server technology limits the amount of available resources for use, including but not limited to disk drive space, CPU processing power, memory and access speed. Summit Business IQ Web Hosting takes measures to utilize the latest and most economically feasible mass server market technology available to provide services. It is furthermore acknowledged by users of Summit Business IQ Web Hosting services that all provided services are of a shared-server nature, and other users are sharing the provided space. Customer accounts are placed on a server with up to hundreds of other users. Summit Business IQ Web Hosting, along with many other hosting providers use this business model in order to offer web hosting services en masse at inexpensive and affordable rates.

It is acknowledged that any single account is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, Summit Business IQ Web Hosting reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or relocate to a dedicated service provider. This policy only applies to web sites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the “fair-use” of resources among customers has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilization. Additionally, web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of Summit Business IQ Web Hosting.

If a “Fair-Use” breach occurs, which’s determination is solely up to Summit Business IQ Web Hosting, client may have to remove files from or reduce access to client’s account to an extent as determined by Summit Business IQ Web Hosting, in order to restore full serviceability to other clients affected by the breach. In any case, the client will be notified of any actions that Summit Business IQ Web Hosting may have to take.

11. SPAM and Unsolicited Commercial Email (UCE)

Summit Business IQ Web Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of Summit Business IQ Web Hosting may not use, or permit others to use, our network to partake in UCE distribution. Customers of Summit Business IQ Web Hosting may not host or permit hosting of sites or information that is advertised by UCE from other networks.

Upon notification of an alleged violation of our SPAM policy, Summit Business IQ Web Hosting will initiate an immediate investigation. During the investigation, Summit Business IQ Web Hosting may restrict customer access to the network to prevent further violations. client will thereafter be advised of the situation. If a client is found to be in violation of this TOS, Summit Business IQ Web Hosting may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer’s account. Further, Summit Business IQ Web Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Summit Business IQ Web Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.

12. Prohibited Scripts and Applications

Summit Business IQ Web Hosting strictly prohibits the use of certain scripts such as IRC, Proxy, SSH, Telnet, or any other script which may overwhelm server resources due to the inherent nature of the script itself or by defect in the coding of the script. If a user script is found to be in violation of this clause, or is found to be overwhelming system resources, the user may be requested to remove the script, or in cases of system resource abuse, it may be removed without prior warning and/or the user account may be suspended for further review.

13. Monthly Hosting Payment

Establishment of this service is dependent upon receipt of payment of stated charges by Summit Business IQ Web Hosting. Subsequent payments are due on the anniversary date of the month for that month’s service or whichever is the selected billing cycle.

Summit Business IQ Web Hosting offers two different payment methods, Monthly Billing and Yearly Discounted Billing. With Monthly Billing, we bill you once 30 days have passed,

With Yearly Discounted Billing, the client pays for the entire year and receives by doing so a 20% discount.

Summit Business IQ Web Hosting can provide help and work with clients if cash flow/financial problems arises, by for example taking the website off-line and pausing the monthly fee.

Overdue amounts are tolerated the first time and late fees often waived, however if the behaviour became the norm, Summit Business IQ has the right to enforce late fees and in extreme cases terminate the account.

14. Late Payments

All accounts are billed according to the dates they were first activated. Net amount is due within 14 days of receipt of notice of the invoice. Invoice notices are sent by email to the address the customer provided upon signing up for an account. The customer is responsible for keeping that email address current. Customer agrees to pay a $25.00 (twenty-five dollars) late fee if customer’s account or accounts become more than ten (15) calendar days overdue. Fees for renewal periods after the Initial Term shall become due on the first day of such renewal period.

In the event an invoice remains unpaid 15 (fifteen) days beyond the due date, the account will automatically be suspended. A suspended account means the web site will no longer be publicly available and any domain based email will no longer be delivered. For an account to be reinstated, the client must pay the full amount of the invoice owed, plus the late fee of $25.00 (twenty-five dollars).

15. Failure to Pay

In addition, in the event that any amount due to Summit Business IQ remains unpaid thirty (30) days after such payment is due (60 days maximum), Summit Business IQ, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend services. Such termination or suspension will not relieve the client of responsibility for the payment of all accrued charges and any collection fees.

Furthermore your website will cease to resolve and visitors to your site may be redirected to a default page informing them that the site is no longer in service.

16. Account Cancellation

A client may cancel his account at any time online by requesting it through the Summit Business IQ Web Hosting’s “Contact Us” form located at this URL:https://summitbusinessiq.com/contact-us/

If requesting a cancellation, we ask that client briefly explains the reasons for doing so, as well as any suggestions on how Summit Business IQ Web Hosting could improve service.

The cancellation will take effect immediately and the client’s account will remain active until the end of the billing cycle.

17. Client Acknowledgement

Client acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of Summit Business IQ Web Hosting and that damages resulting from any interruption of service are impossible to ascertain. Therefore, client agrees that Summit Business IQ Web Hosting shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Summit Business IQ Web Hosting.

Client further acknowledges that the Summit Business IQ Web Hosting’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by client for services during the period damages occurred. In no event shall Summit Business IQ Web Hosting be liable for any special or consequential damages, loss or injury.

18. Change of Name Servers

In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of name servers of a domain from other DNS servers to Summit Business IQ Web Hosting’s DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain name servers can not be changed at all. Due to the unpredictable nature of the name server change process, no guarantees are made regarding the amount of time a specific change may take. On customer request, name server change of domain names is done by Summit Business IQ Web Hosting on behalf of the account holder. In such cases, a successful change of name servers cannot be guaranteed in any way or fashion as it solely depends on the accessibility or cooperation by the domain name registration’s registrar.

Network

19. IP Address Ownership

If Summit Business IQ Web Hosting assigns a client an IP address for use with the subscription, the right to use that IP address shall belong only to Summit Business IQ Web Hosting and the client shall have no right to use that IP address except as permitted by Summit Business IQ Web Hosting. Summit Business IQ Web Hosting shall maintain and control ownership of all IP numbers and addresses, in accordance with ARIN rules and guidelines, which may be sub-assigned or allocated to clients by Summit Business IQ Web Hosting. Summit Business IQ Web Hosting reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.

20. Data Transfer and Disk Usage

Client agrees that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer (“Agreed Usage”). Summit Business IQ Web Hosting will monitor client’s bandwidth and disk usage. Summit Business IQ Web Hosting shall have the right to take corrective action if client’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 services, or termination of this Agreement, which actions may be taken is in Summit Business IQ Web Hosting’s sole and absolute discretion, at any time deemed necessary by Summit Business IQ Web Hosting. If Summit Business IQ Web Hosting takes any corrective action under this section, client shall be entitled to a pro-rated refund of any fees paid in advance prior to such action. In any case, client will be warned of approaching or exceeded resource limits via email by Summit Business IQ Web Hosting’s automated notification system.

21. System and Network Security

Clients or any network users are prohibited from violating or attempting to violate the security of Summit Business IQ Web Hosting’s network or any and all components there in. Violations of system or network security may result in civil or criminal liability. Summit Business IQ Web Hosting will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting clients who are involved in such violations. These violations include, but are not limited to:

21.1 Accessing data not intended for such client or logging into a server or account, which such client is not authorized to access.

21.2 Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

21.3 Attempting to interfere with service to any client, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.

21.4 Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

21.5 Taking any action in order to obtain services to which client is not entitled.

22. Network Access – SPAM or Denial of Service Complaints

Summit Business IQ Web Hosting reserves the right to drop, suspend or terminate services for the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet, or for which such IP space has become blacklisted. In particular, if open relays are on your network or a customer’s network or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact the client. Summit Business IQ Web Hosting will contact the client as soon as it is feasible.

23. Suspension of Service or Cancellation

Summit Business IQ Web Hosting reserves the right to suspend network access to any client if in the judgment of Summit Business IQ Web Hosting, the client’s account is the source or target of a violation of any of the terms of the TOS, or for any other reason which Summit Business IQ Web Hosting deems necessary.

If inappropriate or illegal activity is detected or brought to our attention by a third party, all accounts of the client in question will be deactivated until our investigation is complete. Multiple violations of the TOS will result in permanent suspension of the account without refund of any fee. With complaints of infringing or illegal content, a single complaint may be deemed sufficient for permanent suspension of the alleged infringing product. If multiple complaints of infringing or illegal content are received involving two or more products, all products under that customer’s ownership and/or control are subject to permanent suspension. Prior notification to the client is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The client may not be credited for the time the client’s machines were suspended if the client is found to be at fault. The client is also responsible for maintaining a backup of his current data at all times and no backups will be provided.

24. Miscellaneous Provisions

The client must provide Summit Business IQ Web Hosting real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.

Summit Business IQ Web Hosting takes no responsibility for any material placed on its network by others. Summit Business IQ Web Hosting is not responsible for the content of any other websites linked to. Links to other sites are provided as Internet navigation tools only. Summit Business IQ Web Hosting disclaims any responsibility for any inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.

Summit Business IQ Web Hosting’s clients are not permitted to run IRC servers. Furthermore, Summit Business IQ Web Hosting reserves the right (but is not obligated) to, review the content posted via the service and may refuse or remove any such content in its sole discretion, without notice at any time.

25. Disclosure to Law Enforcement

The TOS specifically prohibits the use of our service for illegal activities. Therefore, client agrees that Summit Business IQ Web Hosting may disclose any and all client information including assigned IP numbers, account history, account use, etc. to any court or law enforcement agency that requests such information, upon receipt of a subpoena, warrant or other legally binding order, without consent or notification to the client.

26. Indemnification

Each party (the “Indemnifying Party”) hereby indemnifies the other party (the “Indemnified Party”), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party’s representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.

27. Severability

If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

28. Applicable Law

This TOS is subject to the governing laws of the State of Victoria, Australia. Courts of competent jurisdiction in Melbourne, Victoria shall hear and decide any disputes.

29. Data Integrity & Files Backup

The client is responsible for keeping a complete and current copy of their website files as a backup on a remote system (not solely on Summit Business IQ Web Hosting servers).

Summit Business IQ Web Hosting is NOT RESPONSIBLE for any lost files, information or data. Summit Business IQ Web Hosting makes regular internal backups of internal system configurations and databases. These backups are NOT intended for keeping backups of client websites.

Although Summit Business IQ Web Hosting backups may include client sites and information for disaster recovery purposes, these backups are not to be relied on by the client. Summit Business IQ Web Hosting does not guarantee to possess the most current copy of a client’s website in its own backups.

30. Non-Existing User Pages

Summit Business IQ Web Hosting reserves the right to supply content-enriched pages, including but not limited to search engines, advertisements, directory links, etc., for non-existent user pages that are served by Summit Business IQ Web Hosting to requesting sources. These pages include error pages (i.e. 404 Not Found), new account place-holder pages, unused domains and suspended user sites.

All users of Summit Business IQ Web Hosting services have the option of creating their own error pages and content pages. Unless created by the user, such pages will default to the Summit Business IQ Web Hosting provided content.

31. Non-disclosure of Confidential Information

Summit Business IQ Web Hosting agrees not to use any Confidential Information disclosed to it by the customer for its own use or for any purpose other than to carry out discussions concerning, and the undertaking of, the moving process.

Confidential Information includes, but not limited to, login information, passwords, files, databases (including, but not limited to, products, services, and customers), web designs, configuration information, or financial information of the customer.

32. Refund Policy

Refunds may only be given provided that the customer’s hosting account is in a financially good standing. No refund requests shall be granted otherwise.

If an order is cancelled within 5 days after making the payment and before any work has been done, we will refund 75% of the payment.

If the work has already begun, the maximum refund will be 50% of the payment. There will be no refund if more than 50% of the work has been completed. If and how much of a refund will be issued depends on the amount of work already completed and is at the sole discretion of Summit Business IQ Web Hosting.

33. Limited Liability

Summit Business IQ Web Hosting is not liable for any damages or data loss that arise from the use of this service. Summit Business IQ Web Hosting is not liable for any damages that occur from misinformation or misrepresentation by the customer which may result in a loss or corruption of data.

Under no circumstances shall the customer hold Summit Business IQ Web Hosting responsible for any loss of data or inability to properly configure complex scripts or programs. All customers should have dedicated recent data backups in the event data loss or corruption occurs.

The maximum liability of Summit Business IQ Web Hosting is limited to the amount paid for by the customer for the SiteDude Transfer Service and shall not exceed that amount.