Acceptable Use
and Service Agreement
Last Updated: February 10, 2012
By placing an order, you agree to the terms outlined in the contract below.
The host from which you are presently ordering service, hereafter "Host", will host a Virtual Web Server Internet Account for _____, hereafter Account Holder, for the domain(s) _____. Service will begin on _____, 20__ and will continue to renew automatically until notice of cancellation is received. Under penalty of perjury, Account Holder affirms that all provided contact information is accurate, and that he/she is of contractual capacity under the laws of the United States of America. Account Holder agrees to the following terms and conditions of this Service Agreement:
1. MONEY BACK GUARANTEE
Account holder will have a 30-day trial period during which
he may cancel service at any time for any reason and receive
a full refund of monies paid, less domain registration
fees and any applicable setup fees. After 30 days, Host
reserves the right not to refund any pre-paid amount in
the case of cancellation.
2. AUTOMATIC RENEWAL AND CANCELLATION POLICY
To avoid interruption in service and for the convenience
of customers, all accounts automatically renew on their
anniversary dates. Credit card information left on file
for recurrent billing will be processed at this time; it
is Account Holder’s responsibility to ensure that
the appropriate billing profile is activated on relevant
renewal dates.
3. LATE PAYMENTS AND COLLECTIONS
Payments must be made in US dollars to Host and are
due upon purchase of service and/or presentation of invoice.
Any bank fees or charges imposed upon Host associated
with the receipt of payment shall be the responsibility
of Account Holder.
If full payment is not received within 15 days of the due date, without other arrangements having been agreed upon prior, then all services will be suspended until payment is collected. After an account is 30 days past due, all associated accounts will be removed and the remaining balance may be sent to a collections agency for further action. No refund will be issued for suspended or deleted accounts.
4. ACCOUNT TERMINATION
Host reserves the right to terminate a contract at any
time, for any reason, and return any unused funds.
5. DOMAIN REGISTRATION
Domain registrations are not automatically renewed. The domain
registrant or other domain contact is responsible for renewing
a domain registration with the corresponding domain registrar.
A domain registration registered with Host will be renewed
upon request and receipt of money due for
renewal service.
Host is not responsible for the loss of a domain registration due to unlawful conduct, expiration, or transfer. Host has procedures in place to assist domain customers with domain record updates. Update requests will be accepted only from the registrant or administrative contact on a domain record. Signature and picture identification are required. Host also adheres to lock domain procedures to aid in protecting the domain from an unauthorized transfer. Once a domain is registered to a customer, the domain registration record must be kept current by the domain registrant. Domain expiration notification is emailed to customers as a courtesy. Host is not responsible if domain expiration notices are not received by the domain contacts.
6. DOMAIN NAME OWNERSHIP
UPON DELINQUENCY
Upon removal of an account due to a past due balance, any
and all domain names associated with the account may become
the property of Host. Domain names will then be used
at Host’ discretion,
as a domain alias for a Host-owned website and/or resold
to an interested third party through the Host Domain
Resale Program. Domain names can be returned to the original
owner only in exchange for full payment of all past due amounts
within 10 days of account removal.
7.
ILLEGAL ACTIVITIES
The Virtual Web Server Internet Account and related electronic
services may be used for legal purposes only. Any violations
consistent with existing international, federal, state,
and/or local laws will be grounds for immediate termination
of services without monetary refund. This includes, but
is not limited to, transmission, distribution, or storage
of any material in violation of international, federal,
state, and/or local laws, such as material protected
by copyright, trademark, patent, and/or trade secret and/or
other intellectual property right use without authorization.
Gambling is also prohibited.
8. UNAUTHORIZED ACCESS
Host does not allow or support any programs or scripts
that attempt to open unauthorized ports and/or to circumvent
any accounting system. This includes, but is not limited
to, IRC, bots, sniffers, and scanners. Ports are filtered
at the firewall level and such programs will not function.
9. UNSOLICITED EMAILS
(“SPAM”)
Engaging, advertising, and/or participating in the sending
of unsolicited email is expressly prohibited on all Host’ servers.
Unsolicited email is defined as using any computer or electronic
device to send unsolicited advertisement(s) or electronic
mail to an electronic mail address of an individual with
whom such person lacks a pre-existing and ongoing personal
or business relationship, unless said individual provides
express invitation and/or permission. Violators of this
policy are subject to having their account(s) terminated
without notice or refund.
10. BULK EMAILS
Host servers are not designed for the needs of bulk
emailing. Account Holder shall not participate in any bulk
mailing practice that involves the reduction of server
resources for other customers. Violators of this policy
are subject to having their account(s) terminated without
notice or refund.
11. PROHIBITION ON EMAIL
RESALE
Email accounts associated with an account may not be sold
or given away to parties other than those with an interest
in the business represented by that account.
12. SHARED SERVER / MAXIMUM
CPU SECONDS
Account Holder understands that Virtual Web Server Internet
Accounts are provided by Host on a shared server.
Accordingly, Account Holder’s website and related
services share space and resources with other Account Holders. Poorly written CGI code consumes a vast amount of system
resources; therefore, each Account Holder is allowed a maximum
of 1000 CPU seconds each day. Any script(s) found to be in
violation of this policy will be terminated immediately.
Host can and will seek compensation for any damages
resulting from said script(s).
13. DATA TRANSFER ALLOWANCE
Bandwidth limits are set in accordance to the corresponding
web hosting package. Any traffic in excess of the monthly
allowance will result in additional charges as stated in
Host pricing plan.
14. SERVER UPTIME
Host takes every step to ensure 100% uptime for all
websites and related services. Account Holder acknowledges
that certain issues can and do arise during the course
of normal operations, and will not hold Host responsible
in the event of any service interruption which results
in the loss of revenue, service(s), and/or customer(s).
15. Host’ INTERESTS
Host owns all right, title, and interest in Host
trade names, service marks, inventions, copyrights, trade
secrets, patents, and know-how related to the design, function,
and provisions of services by Host, and in the related
hardware and software systems. Host makes no claims
to any trade names, service marks, inventions, copyrights,
trade secrets, patents, or know-how acquired without infringing
Host rights and used by Account Holder to promote
and provide services to Account Holder’s customers.
This agreement does not constitute a license to Account
Holder to use Host trade names or service marks.
16. NON-DISCLOSURE AGREEMENT
By reason of his/her relationship with Host, Account
Holder may have access to certain information and materials
relating to Host’ business, services, customers,
software technology, and/or marketing strategies that is
confidential and of substantial value to Host. Account
Holder agrees not to disclose any of the aforementioned
information to any third party. The provisions of this
section shall survive the termination of the agreement
for any reason.
17. THIRD PARTY CONTENT
Under Section 230 of the CDA (47 U.S.C. sec. 230), Host “shall
not be treated as the publisher or speaker of any information
provided by another information content provider.” Host
is not liable in any way for any statements made on its servers
to, by, or regarding any third party.
18. VALIDITY OF THIS
AGREEMENT
This agreement constitutes the entire agreement between parties
and supersedes all prior understanding and agreements concerning
the related services. It shall not be modified or altered
by written instrument duly executed by the parties. Should
any provision of this Agreement be held by a court of law
to be illegal, invalid, or unenforceable, the legality
and enforceability of the remainder of the provisions of
this Agreement shall not be affected or impaired.
19. MODIFICATIONS
TO THIS AGREEMENT
Account Holder agrees to abide by any updates made to this
agreement, as posted at http://pages.customerbillingsolutions.com/tos.php