The use of services from WebSiteHosting constitutes
agreement to these terms.
1.) Account Setup / Email on file
We will setup your account after we have received payment and
we and/or our payment partner(s) have screened the order(s) incase
of fraud. It is your responsibility to provide us with an email
address which is not @ the domain(s) you are signing up under.
If there is ever an abuse issue or we need to contact you, the
primary email address on file will be used for this purpose. It
is your responsibility to ensure the email address on file is current
or up to date at all times. Providing false contact information
of any kind may result in the termination of your account.
2.) Content
All services provided by WebSiteHosting may only be used for lawful
purposes. The laws of the State of California and the United States
of America apply.
The customer agrees to indemnify and hold harmless WebSiteHosting
from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark
is prohibited. This includes but is not limited to unauthorized copying
of music, books, photographs, or any other copyrighted work. The
offer of sale of any counterfeit merchandise of a trademark holder
will result in the immediate termination of your account. If you
believe that your copyright or trademark is being infringed upon,
please email abuse@cawebsitehosting.com with
the information required. A list of required information may be found here. If the request
is of a licensing issue, we may require further documentation.
Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img" /
image hosting only sites that do not host an actual domain name,
Escrow, High-Yield Interest Programs(HYIP), Bank Debentures, Bank
Debenture Trading Programs, and Prime Banks Programs, lottery sites,
muds / rpg's, hate sites, hacker focused sites/archives/programs,
sites promoting illegal activities
We reserve the right to refuse service to anyone. Any material that
in our judgement that is obscene or threatening is prohibited and
will be removed from our servers with or without notice.
Failure to respond to email from our abuse department within 48 hours
may result in the suspension or termination of your services.
If in doubt regarding the acceptability of your site or service,
please contact us and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not
limited to child pornography or content perceived to be child pornography
(Lolita):
Any site found to host child pornography or linking to child pornography
will be suspended immediately without notice.
Any site found to host pornography or linking to pornography will
be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you
so you may terminate the account. We will further monitor your activity;
more than one infraction of this type may result in the immediate
termination of your account.
Direct customers: Your services will be terminated with or without
notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed
under your account are secure and permissions of directories
are set properly, regardless of installation method. When at
all possible, set permissions on most directories to 644 or as
restrictive as possible.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited
e-mail, bulk emailing, and spam. "Safe lists" and "double
opt-in" will be treated as spam. Any user who sends out spam
will have their account terminated with or without notice.
Please read http://www.hoaxdesign.com/mailpolicy.html for
our generalized mail policy.
Sites advertised via SPAM (Spamvertised) may not be hosted on our
servers. This provision includes, but is not limited to SPAM sent
via fax, email, instant messaging, or usenet/newsgroups.
WebSiteHosting reserves the right to require changes or disable
as necessary any web site, account, database, or other component
that does not comply with its established policies, or to make any
such modifications in an emergency at its sole discretion.
WebSiteHosting reserves the right to charge the holder of the account
used to send any unsolicited e-mail a clean up fee. This cost of
the clean up fee is entirely at the discretion of WebSiteHosting.
4.) Payment Information
You agree to supply appropriate payment for the services received
from WebSiteHosting, in advance of the time period during which
such services are provided. You agree that until and unless you
notify WebSiteHosting of your desire to cancel any or all services
received, those services will be billed on a recurring basis. Cancellations
must be done in writing via the cancellation form provided.
WebSiteHosting reserves the right to change the monthly payment
amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. WebSiteHosting is not
responsible for files and/or data residing on your account. You
agree to take full responsibility for files and data transferred
and to maintain all appropriate backup of files and data stored
on WebSiteHosting servers.
6.) Cancellations and Refunds
WebSiteHosting reserves the right to cancel the account at any time
with or without notice.
Any abuse of our staff in any medium or format will result
in the suspension or termination of your services.
Customers may cancel at any time via a cancellation form.
WebSiteHosting gives you an unconditional 30 day money back guarantee
on managed shared hosting, and reseller solution's. There are no
refunds on dedicated servers, administrative fees, install fees for
custom software, or domain name purchases. Refund requests after
30 days will be refunded on a prorated basis of any unused time.
Only first-time accounts are eligible for a refund. For example,
if you've had an account with us before, cancelled and signed up
again, you will not be eligible for a refund or if you have opened
a second account with us.
Violations of the Terms of Service will waive the refund policy.
7.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds.
There are numerous activities that could cause such problems; these
include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require
server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point
in time on the server. This includes any and all daemons, such as
IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat)
network.
e) Run any bit torrent application, tracker, or client.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1492,
etc
h) Run cron entries with intervals of less than 15 minutes
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance
varies depending on the hosting package you purchase. Should your
account pass the allocated amount we reserve the right to suspend
the account until the start of the next allocation, suspend the
account until more bandwidth is purchased at an additional fee,
suspend the account until you upgrade to a higher level of package,
terminate the account and/or charge you an additional fee for the
overages. Unused transfer in one month cannot be carried over to
the next month.
9a.) Money back Guarantee
On dedicated servers and colocation no full refund will be
honored -- the 30 day money back guarantee does not apply. We reserve
the right to refund a prorated amount or no refund at all.
Each of WebSiteHosting's managed shared and reseller servers carry
a 30 day unconditional money back guarantee on them. If you are not
completely satisfied with our services within the first 30 days of
your service, you will be given a full refund of the contract amount.
Remember, this is only for monthly shared or reseller packages and
does not apply to dedicated servers, administrative fees, install
fees for custom software, or domain name purchases.
9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is
not within the 99.9% uptime you may receive one month of credit
on your account. Approval of the refund is at the discretion of
WebSiteHosting dependant upon justification provided. Third party
monitoring service reports may not be used for justification due
to a variety of factors including the monitor's network capacity/transit
availability. The uptime of the server is defined as the reported
uptime from the operating system of the server which may differ
from the uptime reported by individual services. To request a refund,
please contact support@cawebsitehosting.com with
justification. All requests must be made in writing via email.
Uptime guarantees only apply to shared / reseller solutions. Dedicated
servers are covered by a network guarantee in which the refund
is prorated for the amount of time the server is down which is
not related to our uptime guarantee.
10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. WebSiteHosting
does not provide support to our Reseller's Clients. If a reseller's
client contacts us, we reserve the right to place the client account
on hold until the reseller can assume their responsibility for
their client. All support requests must be made by the reseller
on their client's behalf for security purposes. Resellers are also
responsible for all content stored or transmitted under their reseller
account and the actions of their clients. WebSiteHosting will hold
any reseller responsible for any of their clients actions that
violate the law or the terms of service.
11.) Shared (non-reseller accounts)
Shared accounts may not resell web hosting to other people,
if you wish to resell hosting you must use a reseller account.
12.) Dedicated Servers
WebSiteHosting reserves the right to reset the password on a dedicated
server if the password on file is not current so that we may do
security audits as required by our datacenter. It is the responsibility
of the client to ensure that there is a valid email address and
current root password on file for their dedicated server on file
to prevent downtime from forced password resets. WebSiteHosting
reserves the right to audit servers as needed and to perform administrative
actions at the request of our datacenter.
13.) Price Change
The amount you pay for hosting will never increase from the
date of purchase. We reserve the right to change prices listed
on WebSiteHosting, and the right to increase the amount of resources
given to plans at any time.
14.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold WebSiteHosting
harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorney's fees asserted against WebSiteHosting,
its agents, its customers, officers and employees, that may arise
or result from any service provided or performed or agreed to be
performed or any product sold by customer, its agents, employees
or assigns. Customer agrees to defend, indemnify and hold harmless
WebSiteHosting against liabilities arising out of; (1) any injury
to person or property caused by any products sold or otherwise
distributed in connection with WebSiteHosting; (2) any material
supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party; (3) copyright infringement
and (4) any defective products sold to customers from WebSiteHosting's
server.
15.) Disclaimer
WebSiteHosting shall not be responsible for any damages your business
may suffer. WebSiteHosting makes no warranties of any kind, expressed
or implied for services we provide. WebSiteHosting disclaims any
warranty or merchantability or fitness for a particular purpose.
This includes loss of data resulting from delays, no deliveries,
wrong delivery, and any and all service interruptions caused by
WebSiteHosting and its employees.
16.) Disclosure to law enforcement
WebSiteHosting may disclose any subscriber information to law
enforcement agencies without further consent or notification to
the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.
17.) Changes to the TOS
WebSiteHosting reserves the right to revise its policies at any time
without notice.
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