TERMS OF SERVICE (terminate at will?)

[Q04]

Guys I get the late fees, but what is with this new section about termination at will?

This makes me uneasy that I would be given 5 days to find another service if you decide to drop say the reseller packages.

Please clarify.

thanks.

CHANGE #2:

Terms as of February 28, 2013:

4.1. Either party may terminate a particular Service by providing the other with five days written notice prior to the expiration of a Term. In order for you to effectively terminate this Agreement, you must complete the cancellation form located here: http://www.surpasshosting.com/form-cancel.php . Other forms of termination will not be accepted as termination of this Agreement. In addition, either party may terminate a particular Service if the other breaches a material term of the TOS and such a breach is not cured within thirty days of the non-breaching party’s presentation of written notice to the breach party, or immediately if the breach is incapable of cure. In the case of our AUP, you will be provided a time period to cure any breach. Either party may also terminate this TOS, or an individual Service, if the other party becomes the subject of any type of bankruptcy or insolvency.

Terms effective March 1, 2013

4.1. Either party may terminate a particular Service by providing the other with five days written notice prior to the expiration of a Term. **Your termination request must be received by us five days prior to your next billing cycle. If you fail to do so, you will not receive a refund of any Fees paid to renew the service.** In order for you to effectively terminate this Agreement, you must complete the cancellation form located here: http://www.surpasshosting.com/form-cancel.php. Other forms of termination will not be accepted as termination of this Agreement. In addition, either party may terminate a particular Service if the other breaches a material term of the TOS and such a breach is not cured within thirty days of the non-breaching party’s presentation of written notice to the breach party, or immediately if the breach is incapable of cure. In the case of our AUP, you will be provided a time period to cure any breach. Either party may also terminate this TOS, or an individual Service, if the other party becomes the subject of any type of bankruptcy or insolvency.

[DewKnight]

This has really always been the case, it's just now actually in the TOS. Surpass isn't just going to up and cancel the reseller packages. There are still people on the oc5 / oc10 packages, which don't exist anymore. They will however cancel people who just signed up to send spam or something like that.

[Bigjohn]

I pretty much agree with the dewknight... it's giving them legal grounds to kill spammers without recourse. the backsplash is that it could be used against us long time customers. i would prefer different language... but it is what it is.

[Twist3d]

As long as you aren't using the service for spam, illegal warez or causing harm to the server, etc u have nothing to worry about.

[Q04]

I have no issue with SH killing accounts for spamming or illegal distribution, etc. but the new terms go beyond that with the first line

"Either party may terminate a particular Service by providing the other with five days written notice prior to the expiration of a Term."

This is open ended and means that it is not limited to violations of TOS alone that can end providing service. It is an at-will termination.

[DewKnight]

I understand where you're coming from, but I've never seen Surpass terminate an account "just because". The service has always been month to month (or of course yearly if you pay yearly). Since the beginning, either party has been able to terminate at any time. Usually with a prorated refund unless you broke the TOS. Now it's just actually in writing.