Ex: phpshell / cgitelnet scripts, like scripts are not allowed at all, for any reason on our servers. Any website found with this script installed will be immediately terminated. Symurge Design Group reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

NETWORK & SYSTEM SECURITY VIOLATIONS
Users are prohibited from violating or attempting to violate the security of the Symurge Design Group Network. Violations of system or network security may result in civil or criminal liability. Symurge Design Group will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

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

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

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

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

Taking any action in order to obtain services to which such user is not entitled.

Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations. Each hosting package purchased is unique to a domain name and use - please do not purchase multiple "plan 1's" for instance to get the combined bandwidth & space. Symurge Design Group will stop such transactions and label them as deceptive. We have an upgrade path for all services and often enough work out special deals for users if they ask us for the assistance.

B. All Symurge Design Group Customer Terms of Use

The following “Terms of Use” apply to ALL Symurge Design Group customers and their users:

SDG SERVICES
Symurge Design Group's services include, but are not limited to:

any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers’ account (including all billing data and the space on the particular Web server that Symurge Design Group provides to customers); any use by customers, or any access provided to customers by Symurge Design Group, of computing, telecommunications, software, information, hardware, and equipment; any act, or provision of any service, by Symurge Design Group to customers, related to web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not; any provision by Symurge Design Group to customers, of any space, Internet connectivity, or electrical power; any access or use related to the Symurge Design Group's web site, including the web site itself; any other service mentioned in the TOU; any other service provided by Symurge Design Group to customers, whether used or not; any other Symurge Design Group services that are used by customers, whether offered or provided by Symurge Design Group to customers.

BANDWIDTH
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the plans ordered by Customer on the Hosting Plan transaction. Symurge Design Group will monitor Customer's bandwidth and disk usage. Symurge Design Group 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 Services, or termination of this Agreement, which actions may be taken is in Symurge Design Group sole and absolute discretion. If Symurge Design Group takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Symurge Design Group may, at its sole discretion, collect a deposit, in an amount determined by Symurge Design Group, against customer's credit card on file with Symurge Design Group.com.

WEBSITE RIGHTS
The legal owner of customers’ web sites and accounts with Symurge Design Group will be the individual or organization whose name is listed in Symurge Design Group's database as the owner. Customers will fully cooperate with and abide by any and all of Symurge Design Group's security measures and procedures in the event of any dispute over ownership of customers’ web sites and accounts with Symurge Design Group.

ILLEGAL USAGE
Symurge Design Group servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Symurge Design Group services, all Symurge Design Group customers certify that they and/or the organization they represent in procuring services from Symurge Design Group are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

SPAMMING
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Symurge Design Group's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a Symurge Design Group server, and selling or distributing software (on a web site residing on a Symurge Design Group server) that facilitates spamming. Violators will be assessed a minimum fine of US$250 and will face immediate suspension. Symurge Design Group reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

NETWORK & SYSTEM ABUSE
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

VIRUS USE AND OTHER MALIGN PROGRAMS
Use of Symurge Design Group's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited and illegal. 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 Symurge Design Group's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

COPYRIGHT VIOLATIONS
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Symurge Design Group customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Symurge Design Group customer (per the DMCA) to Symurge Design Group must follow the below procedures. Copyright infringement notifications submitted to Symurge Design Group according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Symurge Design Group's sole discretion.

DMCA Copyright Infringement Notification Requirements:

a. Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").

b. Identification of the copyrighted work(s) claimed to have been infringed.

c. Identification of the material claimed to infringe the copyright(s), and enough information for Symurge Design Group to locate it including URLs and specific descriptions of the infringing material at each URL.

d. The Claimant's name, address, and telephone number(s).

e. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.

f. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

g. Mail the notification: here

ADULT CONTENT
In no way or form is there to be any adult content and sex-related materials that are deemed inappropriate are to be allowed on Symurge Design Group servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. Any sites disregarding this warning will be terminated immediately and fined for $50 for damaging company reputation and beliefs. Advanced payments will not be refunded at anytime nor any additional fees for services used on the account. Customers violating this agreement will not be serviced in the future in any way, by Symurge Design Group. This does not apply to sites that provide information combating or stand against this lifestyle or service.

CHILD PORNOGRAPHY
The use of Symurge Design Group's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Symurge Design Group 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, its services. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

PRIVACY
Symurge Design Group is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Symurge Design Group urges its customers to assume that all of their on-line communications are insecure. Symurge Design Group cannot take any responsibility for the security of information transmitted over Symurge Design Group's facilities. Additional details on privacy and Symurge Design Group's use of customer information can be found in Symurge Design Group's Privacy Statement located at here.

CUSTOMER RESPONSIBILITY
Customers are required to use the Symurge Design Group network responsibly. This includes respecting the other customers of Symurge Design Group. Symurge Design Group reserves the right to suspend and/or cancel service with any customer who uses the Symurge Design Group network in such a way that adversely affects other Symurge Design Group customers. While Symurge Design Group may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Symurge Design Group does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when Symurge Design Group becomes aware of any violation of the TOU or other user agreements, Symurge Design Group may take any action to stop or correct such violation, including, but not limited to, denying access to Symurge Design Group's services and equipment or to the Internet. In addition, Symurge Design Group may take action against a customer or a customer of such customer because of the activities of such customer. Symurge Design Group anticipates that customers who offer Internet services will cooperate with Symurge Design Group in any corrective or preventive action that Symurge Design Group deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Symurge Design Group policy and Symurge Design Group reserves the right to take any such action even though such action may affect other customers of the Symurge Design Group customer.

ACTION TAKEN BY SDG
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Symurge Design Group will be the sole arbiter as to what constitutes a violation of the TOU. Symurge Design Group reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Symurge Design Group becomes aware of an alleged violation of its TOU, Symurge Design Group will initiate an investigation. During the investigation, Symurge Design Group may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Symurge Design Group may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account, and/or pursue other civil remedies. If such violation is a criminal offense, Symurge Design Group will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Symurge Design Group does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Symurge Design Group.

INDEMNIFICATION OR LIABILITY
Symurge Design Group customers agree to protect, defend, hold harmless, and indemnify Symurge Design Group, any third party entity related to Symurge Design Group (including, without limitation, third party vendors), and Symurge Design Group's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Symurge Design Group, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of Symurge Design Group's services.

DISCLAIMER
The Symurge Design Group service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Symurge Design Group expressly disclaims any representation or warranty that the Symurge Design Group service will be error-free, secure or uninterrupted. No oral advice or written information given by Symurge Design Group, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Symurge Design Group and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

TERMINATION FOR BANKRUPTCY OR INSOLVENCY
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Symurge Design Group may immediately terminate provision of Symurge Design Group's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Symurge Design Group in such event.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW WILL SYMURGE DESIGN GROUP (INCLUDING, WITHOUT LIMITATION, SYMURGE DESIGN GROUP’s EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS SYMURGE DESIGN GROUP, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING SYMURGE DESIGN GROUP's SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE SINCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR SYMURGE DESIGN GROUP SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY SYMURGE DESIGN GROUP SERVICES EVEN IF SYMURGE DESIGN GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SYMURGE DESIGN GROUP's TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR SYMURGE DESIGN GROUP’s SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY SYMURGE DESIGN GROUP OR SYMURGE DESIGN GROUP's REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR SYMURGE DESIGN GROUP, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

MODIFICATIONS
Symurge Design Group may discontinue, upgrade, replace, modify, or change in any way, without limitation or notification to customers, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Symurge Design Group's services. Certain changes to Symurge Design Group's services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and Symurge Design Group is not liable, for any and all such personalized applications and content, except as expressly agreed to by Symurge Design Group.

DATA BACKUP
Except where Symurge Design Group has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Symurge Design Group is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Symurge Design Group services. We will perform nightly backups of your sites, however this is only for use in case of catastrophic incidents. You are still responsible for all off site backups. The backups we perform are not available to customers directly.

THIRD PARTY LICENSE
Symurge Design Group makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, Symurge Design Group makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Symurge Design Group specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Symurge Design Group liable in any way for the revocation of any license, which has been licensed to Symurge Design Group. The use of the Technologies obtained from or through Symurge Design Group, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

NON-SYMURGE DESIGN GROUP PRODUCTS OR SERVICES
Any mention of non-Symurge Design Group products by Symurge Design Group, its employees, or any third party entity related to Symurge Design Group is for information purposes only and does not constitute an endorsement or recommendation by Symurge Design Group. Symurge Design Group disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Symurge Design Group products or services.

SYMURGE DESIGN GROUP’S INTELLECTUAL PROPERTY
Customers will not, without Symurge Design Group's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Symurge Design Group's web site, and customers will not use any of Symurge Design Group's trademarks, service marks, copyrighted materials, or other intellectual property without Symurge Design Group's express written consent. Customers will not, in any way, misrepresent their relationship with Symurge Design Group, attempt to pass themselves off as Symurge Design Group, or claim that customers are Symurge Design Group.

ASSIGNMENT
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for Symurge Design Group's services, either in whole or in part, without the prior written consent of Symurge Design Group.

MINIMUM AGE REQUIREMENT
Symurge Design Group customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the TOU in order for the Minor to become a Symurge Design Group customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Symurge Design Group services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Symurge Design Group's express written consent to the contrary. Any acceptance of the TOU or any other agreement for Symurge Design Group's services will be deemed null and void to the extent that Symurge Design Group will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of Symurge Design Group's services.

GOVERNING LAW & SERVERABILITY
The TOU, and any other agreement for Symurge Design Group services, will be governed by and construed in accordance with the laws of the State of Florida, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Symurge Design Group will take place in Volusia Country, Florida, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Symurge Design Group agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.

FORCE MAJEURE
Symurge Design Group will not be liable for delays in its performance of the TOU or Symurge Design Group services caused by circumstances beyond Symurge Design Group's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). Symurge Design Group will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due. Waiver and Amendment waiver, modification, or amendment of any provision of the TOU or other agreement for Symurge Design Group services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Symurge Design Group.

INDEPENDENT CONTRACTOR
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Symurge Design Group and its customers. Each of Symurge Design Group and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

CONSTRUCTION & INTERPRETATION
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.

COMPLETE AGREEMENT AND EXCLUSIVITY
The TOU, and/or any other specific agreement for Symurge Design Group services, constitutes the complete understanding and agreement between Symurge Design Group and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Symurge Design Group, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Symurge Design Group services is between Symurge Design Group and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Symurge Design Group.

C. All Symurge Design Group Customer Billing Policy

The following Terms of Use constitute Symurge Design Group's Billing Policy and apply to ALL Symurge Design Group customers:

PAYMENTS
All charges are shown in US Dollars. Payments are to be made in US dollars. Symurge Design Group accepts the following types of payment:
- Credit card (VISA, MasterCard)
- PayPal

- Mail-in Payment

All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide Symurge Design Group your credit card information, you authorize Symurge Design Group to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card or paypal account until such time that you cancel your account in accordance with Symurge Design Group's Billing Policy in the TOU. You are responsible for directly updating, or notifying Symurge Design Group, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).

Accounts that are two (2) days past due will be automatically suspended.

Sites suspended for non-payment, may be required to pay up to an entire year in advance before being un-suspended and/or pay a $25.00 re-activation fee, per incident. In addition, all fees due, must be collected before re-activation. Accounts that are not collectable by Symurge Design Group may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50, but no more than $150.

BILLING CYCLES (TERMS)
Symurge Design Group offers a monthly Billing Cycles (terms) for hosting charges. After 120 days of on time payments you can request a longer billing term, such as 3, 6 or 12 months. The Billing Cycle begins on the Plan Activation Date.

All additional features added to an account are charged monthly. Additional items are non-refundable.

ACCOUNT RENEWALS
In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan’s Billing Cycle. Plan renewal charges are based on the original plan/package rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.

STATEMENTS
Symurge Design Group does not mail paper invoices or statements. We will notify you 3 days prior to billing your account, this is a reminder for your records, and once your account is billed you will get an email notice of payment from the payment processor.

FEES
Credit Card Chargebacks
A $50.00 chargeback fee will be assessed for each credit card chargeback received by Symurge Design Group.

REACTIVATION
Customers that wish to reactivate a closed account will be assessed a $19.95 reactivation fee. A $99.95 fee will be assessed if Symurge Design Group restores your data files to your reactivated account.

HOSTING PLAN CHANGES
Customers electing to change to a lower priced hosting plan will be charged a $19.95 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between original package plan rate and the new package plan rate.

UPGRADING HOSTING PLANS & SERVICE SPECIALS
Symurge Design Group regularly runs specials on hosting and related services. If you have purchased a hosting package from Symurge Design Group and within the first 30 calendar day's of that account Symurge Design Group offers a special on the same named package or plan that you have purchased you can have your features upgraded or altered to match the features of the special offer.

If you account is older than 30 calendar days, you will have to upgrade your hosting plan to receive the special and its additional features. If a hosting plan offers a reduced price anytime after you purchase your account, you will have to upgrade your current plans to receive the special offer pricing and features.

CANCELLATIONS
Our plans are automatically renewed without customer or user approval, we will attempt to contact you in regards to this, but are not obligated to communicate otherwise. For cancellation to be deemed approved, customer must inform SDG of cancellation by contacting us or requesting it in our Client Area portion of our site. In order to cancel service, you must contact Symurge Design Group's Billing Team, here. Symurge Design Group's billing representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 14 days of service.

Cancellation requests must be received by Symurge Design Group a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of ten (10) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by Symurge Design Group. Symurge Design Group is unable to cancel your account effective for a future date. Symurge Design Group will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Symurge Design Group as soon as possible.

If you request to cancel your account within the first 14 days of service and request a refund, we will close your account immediately once the refund is processed.

Symurge Design Group does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Symurge Design Group's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Symurge Design Group reserves the right to cancel any account, at any time, without notice, for any reason Symurge Design Group considers appropriate.

14 DAY MONEY BACK GUARANTEE
Each of Symurge Design Group's shared hosting plans carries a 14-day unconditional money back guarantee, unless stated otherwise (promotional plans). If you are not completely satisfied with our services or support within the first 14 days, you will be given a full refund of the fees paid in advance (excluding setup fees and additional service fees) upon plan cancellation. The following services do not qualify for the 14 Day Money Back Guarantee: additional items and services; domain name registration/transfers; Fantastico De Luxe Program setup; Template purchase; domain parking plus; and overage fees.

PERFORMANCE & UPTIME GUARANTEE
Symurge Design Group guarantees that the network will be available 99% of the time in a given month, excluding scheduled maintenance and circumstances beyond our control (i.e. down routers, faulty hardware, DOS attacks, web site configuration issues, improper configuration of customer scripts and applications, acts of God, terrorist attack, etc.). Therefore after network downtime of 437.76 minutes per month Symurge Design Group Network will refund 100% of the next months hosting fee.

PERFORMANCE CALCULATIONS
Our server performance calculations are as thus follows: How is the 437.76 minutes calculated? There are 365 days per year divided by 12 months in a year = 30.4 days per month. And there are 60 minutes in an hour, 24 hours in a day or 1440 minutes in one day. So 30.4 days per month times 1440 minutes each day is 43776 minutes per month. 1% of that is 437.76 minutes a month, or 7.2 hours a month.

Our guarantee applies to the network connectivity and server uptime, but does not apply to "acts of god" or "war" or other issues outside of our control. If you have a dedicated server through our network, the same SLA applies. Both web hosting and dedicated server customers SLA does not cover any load issues caused by illegal or miss-configured customer software running on the server. Connectivity is measured as the ability of the server to transmit and receive data, which means if mySQL is down but your website is still working and/or your email is working there is no downtime. Downtime is complete website inaccessibility.

To be eligible for this SLA, your account must be in good standing. To have your account credited under the SLA a trouble ticket must be submitted and verified, you must provide third party documentation verifying the downtime. All requests for credit should be made to the billing department with a trouble ticket number referenced by the 3rd of the following month. Any customer within the Symurge Design Group Network automatically qualifies to participate in this SLA.

REFUND POLICY
Customers are subject to refunds in accordance with our 14 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 14 days. Expect payments to be received within 45 days of cancellation and refund request.

CREDIT CARD PAYMENT DISPUTES/CHARGEBACKS
Here at SDG, we have a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at Symurge Design Group's discretion. A charge of $50.00 per chargeback will be assessed to all accounts that receive a chargeback. We try our best to avoid this kind of situation by putting security measures doing our sign-up and payment procedure.

BILLING/PRICING CHANGES
Symurge Design Group's policies and prices are subject to change without notice. We will notify our current customers of our changes but will not be eligible for any price deferential. Any price changes will only affect new accounts, or upgrade/downgraded accounts.

MISCELLANEOUS COMMENTS
You must provide us with, and keep current, good contact information for you. Address, e-mail, fax, and telephone contacts are used, in that order of preference. In addition, Symurge Design Group will not tolerate any verbal abuse to its staff and/or customers. If such situations do happen, Symurge Design Group can and will deactivate your account immediately without refund to the offender.

END OF AGREEMENT