Indemnification
Customer agrees that it will protect, indemnify, save and hold Server Surgeon harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney’s fees assessed against Server Surgpreon, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it’s customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold Server Surgeon harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with Server Surgeon’s Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from Server Surgeon’s Services.
Governing Law, Jurisdiction, and Venue
The validity, interpretation, construction and performance of this agreement shall be governed by the laws of the State of Arizona. The Arizona state courts of Maricopa County, Arizona (or, if there is exclusive federal jurisdiction, the United States District Court for the District of Arizona) shall have exclusive jurisdiction and venue over any dispute arising out of this agreement, and customers hereby consent to the jurisdiction of such courts.
Customer’s Sole Remedy
Server Surgeon’s entire liability and Customer’s exclusive remedy shall be the refund of up to thirty (30) days of service.
Limitation of Liability
CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION WHICH SERVER SURGEON IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY SERVER SURGEON OF THE RISK OF CUSTOMER’S CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH CUSTOMER’S USE OF THE SOFTWARE AND DOCUMENTATION. ACCORDINGLY, CUSTOMER AGREES THAT SERVER SURGEON SHALL NOT BE RESPONSIBLE TO CUSTOMER FOR ANY LOSS-OF-PROFIT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICE OR DOCUMENTATION. Any provision herein to the contrary notwithstanding, the maximum liability of Server Surgeon to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any service delivered to Customer hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to Server Surgeon by Customer for thirty (30) days of service whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of Server Surgeon arising out of this agreement. The parties acknowledge that the limitations set forth in this agreement are integral to the amount of consideration levied in connection with the license of the services and documentation and any services rendered hereunder and that, were Server Surgeon to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
Disputes:
All payments after the first 30 days of service to Server Surgeon are nonrefundable, regardless of usage or reason. Any incorrect, overcharges or billing disputes must be reported within 60 days of the time the charge occurred. If you dispute a charge to your credit card issuer that, at Server Surgeon’s sole discretion is a valid charge under the provisions of our TOS, you agree to pay Server Surgeon an “Administrative Fee” of $100 per dispute.
Disclaimer
Server Surgeon will not be responsible for any damages your business may suffer. Server Surgeon makes no warranties of any kind, expressed or implied for services we provide. Server Surgeon disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Server Surgeon and its representatives, contractors or employees. Server Surgeon reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.
Server Surgeon furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer’s failure to comply with those laws will violate this policy. Finally, Server Surgeon wishes to emphasize that in accepting services, customers indemnify Server Surgeon for the violation of any law or Server Surgeon policy that results in loss to Server Surgeon or the bringing of any claim against Server Surgeon. This means that if Server Surgeon is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Server Surgeon, plus costs and reasonable attorneys’ fees.
Refusal of Service
Server Surgeon reserves the right at its sole discretion to refuse or cancel service. Violation of any of Server Surgeon’s Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts may be terminated for any or no reason at all without any prior notice to the customer. Accounts terminated due to policy violations will not be refunded.
Zero Tolerance
Server Surgeon will provide no service of any type for customers which host, promote or are in any way purposefully engaged in pornography (includes both hardcore and softcore pornography), gambling, warez, get-rich-quick, malicious software, hacking, spamming or any type of illegal activity or host content deemed inappropriate by our sole discretion.
Customer Abuse
We have no tolerance for abusive language and/or abusive behavior towards our company and/or service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees will result in immediate irrevocable account termination without any refund. Threats to sue, slander, libel, etc., are all considered forms of abuse and will result in immediate irrevocable account termination without any refund.
Waiver
Customer agrees that the waiver of any breach, or the failure to enforce these terms and conditions, at any time, shall not in any way affect, limit, or waive the right of Server Surgeon to thereafter to enforce and compel strict compliance by the other party regarding any of these terms and conditions.
Severance
If any one or more sections of these terms and conditions should ever be determined to be illegal, invalid, or otherwise unenforceable by reason of any law, statute, regulation, or public policy, then, to the extent and within the jurisdiction in which the section is illegal, invalid, or otherwise unenforceable, the section shall be limited or severed and deleted from these terms and conditions, and the remaining sections of these terms and conditions shall survive, remain in full force and effect and continue to be binding, and shall not be affected except as may be necessary to make sense of these terms and conditions, and shall be interpreted to give effect to these terms and conditions to retain validity of these terms and conditions.
Confidentiality Statement
We at Server Surgeon ensure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by Server Surgeon, its representatives, contractors, and employees, for the purposes for which it was intended, for the benefit of the subscriber. We agree not to share or release such information for advertising or marketing purposes to any unaffiliated third party, without the consent of the subscriber, except as required by law, regulation or governmental authority. All information provided to us by the subscriber is properly stored and handled at all times by authorized Server Surgeon staff members, representatives, contractors and employees only.
By subscribing to and/or utilizing our services, you agree to accept, comply, and understand all of our ‘Terms of Service and Policies’ in full.
Server Surgeon has been providing server management services for Linux and Linux control panel servers to customers worldwide since 2005. We perform Linux server hardening, optimization, and monitoring as well as true 24/7 Linux support for server outages, troubleshooting, migrations, disaster recovery, software installations, and more. Give us a call at 213-291-9191 to find out more about our server management plans or order online today.
Wow, I am really impressed. The turnaround was great, emails from the admins were clear and the monitoring panel is terrific. It's clear that you have perfected the process. I wish I had called you last week instead of agonizing over how hard finding someone was going to be.
You and your team always impress us with your fast and effective service. It goes without saying that you guys work really hard and I trust you implicitly.
I just want to say thank you to you guys. I'm a new customer and I've certainly used up much more of your time than the monthly $65 fee you charge so I really appreciate it. You're all doing an outstanding job and your response time is amazing, I've not seen this quickness in any of the server providers I've used before. Thanks again.
You migrated our setup over the holidays. Your team’s proficiency & professionalism is top notch. Looking forward to growing with you for years to come.
I really appreciate your highly competent and courteous support staff - I've never had such quick and accurate solutions and service before regarding my websites. I've shared on Facebook groups how good you are and if you ever want a reference or review, please let me know.
Thanks again for your time and expertise. The laser focus on solving the issue this morning has really made my day tremendously more productive.
Thank you very much George, we appreciate all the help that you and your colleagues provide to us here at [company name removed]. This is just another example of how good the Server Surgeon support is.
I have nothing but praise for Server Surgeon and the awesome staff, who have helped me above and beyond my expectations! Nothing has ever been too difficult for your support guys, they are just wonderful.
I know I usually never respond to you guys with a thank you as we finalize a ticket, as we are always just blasting through things as usual. But I do want you to ALL to know that we are ALWAYS very THANKFULL of all of the work you do for us.
Thank you. I have been really impressed. I am extremely happy that I made the switch.
I wanted to reach out to say thank you so very much, to you and your entire team, for going above and beyond in helping us handle that very stressful, unpleasant experience. Every step of the way, literally around the clock, your team was there to help, provide answers, insights and guidance.
Whoever worked on the server did a great job and wrapped up the morning issues quickly. I was able to email clients right at 12 noon (when I told them I would) and let them know that maintenance was complete. Thanks for a great job.
I have been using your services now for over 5 years and am extremely pleased with the relationship that we have established. Just set it and forget it, your providing a much-needed coverage in our gap between what we know, what we don't, and what we just don't know that we don't know...
I've been recommending your service to clients and colleagues for years, its great!
You are a life saver... 4 hours and [company name removed] could not fix the issue... 30 minutes and you’re done... Thanks again for the great service!
Thank you for being there in times like these. I have been out of the office all day and I have only just got back to find that there had been a problem and you have already got it all sorted (thanks heaps).
You have been exceptionally supportive of me and my business through the years and have been a source of comfort when so much seemed so challenging at times; most notably when the server crashed and your team figured it out and had us back online so quickly. I have never forgotten this.
I would like to express my thanks to you for the top-notch service. It was great to wake up this morning to see everything working and all done within the schedule window. If I was in the US, I'd be sure to buy you all a drink :P. Once again thanks for all your hard work and effort.
Everyone was very helpful during this migration. You have a very friendly and knowledgeable staff who made this a cake walk for us. It's not often you work with multiple support reps who know exactly what's going on with a single account. You guys are awesome, and I tell everyone I know about you.
Thanks so much! We passed the PCI scan and we are now compliant with the PCI scan validation requirements.
Thanks again for your prompt and thorough response despite the holiday season. I will highly recommend your services.
I cannot thank you guys enough - I think by tracking the spam to the [name removed] site, you not only helped with one of our client's sites, you have essentially stopped the crazy flow of spam to my inbox that had been going on for months. Such a nice surprise to open my email and only be greeted by legitimate messages, and not have to spend time wading through junk.
Wonderful! You guys are the best investment I could make!
I don't know what to say. I am so over the moon with your fast attention and patience in solving the issues. I can see that the websites on the server are back to normal and working again. I look forward to having Server Surgeon as a critical partner into the future.
We truly appreciate your teams help and expertise. What an excellent service you provide!
I mean it 100%. You guys are great. Runs like a well-oiled machine. I just a quick word of thanks for the support we get from Server Surgeon.
Great thanks guys, I'm really impressed with how quickly you fixed this. You never know how good your support is until you need it.
Server Surgeon is awesome!! I'm so grateful for your swift responses and help with the server. It's good to feel less of a victim now with a fighting chance against hackers.
I appreciate you being able to support us. It's really nice to be able to concentrate on doing what we do best which is web design, development and SEO rather than spending hours/days on Linux forums hoping to find a fix, when in reality we haven't got a clue how to manage a Linux server to the commercial standard that's required.
This email was just an email to let you know how good you guys at Server Surgeon really are. I just thank you guys at Server Surgeon for being there for me… Seriously!!! What would I do without you when it comes to troubleshooting (you guys are bloody awesome) …
My experience with Server Surgeon has been nothing short of spectacular with your team always going above and beyond my expectations whenever I have needed help. I thank you for that and will be happy to recommend you to anyone who can use your services.
I really appreciate it very much especially since we did this late last night and everything appears to have gone smooth without a hitch. I feel lucky to have a strong, reliable, and knowledgeable team like you on my corner. Totally happy with the experience!
Thank you for your excellent help. Times like these we are very glad we have you guys looking after all our servers.
Everything was handled with expertise and professionalism. I literally don't know what we would have done without Server Surgeon in that situation. I hope you will share this message with the team, especially George, Alexander, Scott and anyone else who helped.
Thank you for keeping me updated and for your fabulous support today. I can see that my client's websites are running just fine and email services are back to normal. You (Alexander) and Edward have provided exceptional service, thank you again!
Just wanted to give kudos to your team, Thomas in particular. You guys saved us again today with your backup service. He was able to pull a huge database from July and install it so we could access it and extract some vital lost data. You guys have always been great.
You guys ROCK! The best support I have ever had. the decision to go with you guys is one of the best decision's I have ever made.
We love dealing with you guys. Super professional and saved us on more than one occasion. Thanks again for your excellent service.
Thank you VERY much for your swift response and fix! We were starting to look at here and suddenly the problem was gone. Server Surgeon saves the day again.
Server Surgeon is awesome!! I'm so grateful for your swift responses and help with the server. It's good to feel less of a victim now with a fighting chance against hackers.
You guys are amazing! I was out of town this weekend and had no access to the Internet. Thank you so much for monitoring and keeping our site live!
$65 monthly per server