Throughout this document, "us", "our" and "we", refers to So Sugary, while "you", "your" and "customer" refers to you the client. Upon submitting your application with us, these terms of service will form a contract between So Sugary and you.
Server Resource Usage
Any account determined to be using excessive resources to such an extent that it impacts upon other users' accounts may have their accounts suspended. Excess resource usage includes but is not limited to, cpu loads, memory usage, mysql usage and other server related usage. We will do everything we can to inform you of the high server usage before we take your gallery offline, however we are under no obligation to do so. So Sugary will be the sole arbiter of what is deemed excess usage.
The avalable storage per gallery is dependant on the gallery views. Do not try to increase your views fraudulenty in order to obtain more storage. If we detect systematic fake gallery views your entire account and all galleries will be deleted. Furthermore, setting up multiple galleries with the purpose of bypassing the imposed storage limits will result in termination of all affected galleries.
Disk Space Usage Limitations
So Sugary offers up to unlimited storage, though there a few limitations that you must comply with. Disk space is to be used solely for the serving of your gallery and associated files. We do not allow galleries with non-image related uploads such as flash files, mp3s or archives. Storing video files for download or streaming of videos from our servers is not permitted. You must not under any circumstances use our disk space for: file storage, backups, or storing of non-image media files.
Server Availability and Uptime
So Sugary will endeavour to maintain maximum uptime of your website, to the best of our ability. However, due to the nature of servers, downtime may occur for a number of reasons such as power failure, hardware/software failure, network failure and forces of nature. As such we do not claim to provide you with a constant service, and will accept no liability for any losses either of traffic, profit or any other loss as a consequence of server downtime.
Free Domain Name Policy
Free domain names are available to clients who meet the requirements as specified on the FAQ page. It is completely the customers choice whether to accept the free domain name. We reserve the right to refuse a free domain name request at our sole discretion. By accepting a free domain name, you will be bound by these additional terms below.
All domain registration and registrar fees are paid for by So Sugary. All domain registration and renewal fees will be covered by us. The domain name will be registered under a name belonging to or associated with So Sugary, and will remain the sole possesion of So Sugary. The domain name will be registered at a domain registrar of our choosing. If at any time you wish to purchase the domain name from us you will also be responsible for any and all transfer costs charged by the domain registrar/s. We reserve the right to refuse the resale or transfer of the domain name at our discretion. We will only provide free registrations for domains ending in .com, .net, .org.
Acceptable Use Policy
So Sugary will under no circumstances allow or condone any illegal material or activity originating from our servers, or associated with our servers. Illegal activity includes but is not limited to: spamming, copyrighted materials, warez, hacking, phishing, hate sites, child pornography, trademarked items, illegal mp3s or viruses. We reserve the right to determine at our sole discretion what constitutes illegal material. Any accounts discovered to be hosting illegal material may be immediately terminated without prior notice, and the proper authorities henceforth notified.
So Sugary maintains a backup of customer data, however the customer is solely responsible for creating copies of their own data and should not rely on our backup service under any circumstances. Although we will do our best to retrieve any lost data of yours, we will not be held responsible if any data is lost. We have no liability arising from loss of data, loss of usage or any other loss derived from the customer not having adequate backups or outdated backups.
You agree to hold harmless and indemnify So Sugary from any losses, damages, liabilities, costs, judgements, claims and any and all legal fees associated with defending a case resulting from your use of our services.
Disclaimer of Warranties
SO SUGARY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. So Sugary MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SO SUGARY DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Limitation of Liability
IN NO EVENT SHALL SO SUGARY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF SO SUGARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In such areas where this liability does not apply, our liability is limited to the full extent as permitted by law.
Terms of Service Alterations
These terms of service are subject to change at any time. By continuing to use our services you agree to accept any changes that are updated here.