POLICIES AND TERMS
 

Payment Policies, Fees, Refunds and Terms of Agreement:
Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (one month, three month, six month, one year) following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds. Domain registration fees and setup fees are non refundable.

Domain registration/setup fees are non refundable. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies us by filling out the online cancellation form. All monetary transactions are in $US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. We reserve the right to change prices at any time.

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Account Cancellation:
To cancel your account, please follow these instructions.

NOTE: We charge a $25.00 fee for returned checks. For international customers, if you are sending a check/money order the amount must be drawn in US dollars. You may cancel at anytime. Phone requests will not constitute acceptance of any cancellation. Notification of cancellation must be received at least five business days prior to your cycle date (the cycle date being the day of the month you signed up) in order to avoid charges in full for the next cycle. It is the Clients Responsibility to secure email confirmation and notification from us that the account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced.

If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.

Transferring your domain to another provider or nonuse of your hosting account does not constitute canceling your account. You must notify us to formally cancel your account and avoid further charges.

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Indemnification Policy:
You agree to use all of our services and facilities at your own risk. We specifically disclaim all warranties of merchantability and fitness for a particular purpose. In no event shall we be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD OUR COMPANY HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY US. CUSTOMER AGREES THAT THEY SHALL DEFEND, INDEMNIFY, SAVE AND HOLD OUR COMPANY HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS, CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST OUR COMPANY, 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 OUR COMPANY AGAINST LIABILITIES ARISING OUT OF:

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers;
(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 customer from our server.

We shall be the sole judge of what violates this Policy.

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SPAM Policy:
We are committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over our network, by customers or any other users of our network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on our servers.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an of our Company's email addresses or web site URL is prohibited. The use of our servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a "clean up" fee of $500.

If you have any complaints or comments regarding Spam on our network, please direct them via email to abuse@webhostingsupportdesk.com.

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Content Policy:
All services provided by us may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law, or in violation of the laws of any country, is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, material that advocates or calls for the commission of crimes or civil harms to any person, group of people, corporation, country, or any entity, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless our Company from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all our servers. This includes sites that may infer sexual content, or links to adult content elsewhere. We will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

  • Pirated software
  • Hacker programs or archives
  • Warez sites
  • Adult Content (Pornography) sites
  • Gambling sites

We do not host sites of competitors or web pages promoting sites of our competitors.

Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.

We will be the sole arbiter as to what constitutes a violation of this provision.

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Email Policy:
Our servers may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email.

All email boxes on your account should be kept below 20 MB each. This is normal for most accounts since email is typically accessed on a regular basis using an email client such as Outlook, Outlook Express or Eudora. In order to prevent email problems, simply insure you are reading and then deleting all your email from the server.  Do not have your email forwarded to an off site email address and also leave it on the server.

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CGI Scripts Policy:
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to our other customers. You will be notified in 24 hours about any offending cgi script. No chat room or similar scripts allowed besides the PHP chat room offered with some accounts. Chat scripts other than CGI/Perl will likely be allowed, please ask us first.

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Chat Policy:
We do not allow CGI/PERL chat rooms as they are resource intensive. You may also use the PHP chat we provide in some accounts. Chat scripts other than CGI/Perl will likely be allowed, please ask us first.

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Traffic Policy:
We are pleased to offer our clients large amounts of Web page traffic. To maintain the integrity of our service, the following restrictions apply:
  • Sites offering download files. (This is any site where 20% or more of their monthly traffic is from file downloads)
  • Sites using more than 20% of system resources.

We will be the sole arbiter as to what constitutes a violation of this provision

We allow for very generous traffic, and most sites never exceed 1-4 G per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Our customers are discouraged from storing any files that cause excessive traffic on our servers. Please contact our Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to our servers or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

We reserve the right to charge additional fees for extremely high bandwidth sites.  We will not host web sites which contain adult material.

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Backups:
Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity or availability of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content any information. We provide an automated means for the client to do their own backups with a very robust sytem. You can use this tool to back up all your files. If loss of data occurs due to an error of our staff or equipment, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, we will attempt to recover the data from the most recent archive for a $50.00 fee.

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Telephone Support:
Client agrees to use the Help Desk located in their billing login admin page for technical support issues. We do, however, offer telephone support to clients. Client agrees not to abuse this resource. Abuse includes placing multiple repeat calls without leaving a message or leaving multiple messages in the same 24-hour period. Clients who abuse telephone support privileges may, at Provider's sole discretion, have telephone support privileges revoked and/or incur a charge of $5.00 per call. We shall have sole authority to determine violations of this policy.

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Resellers:

  • You provide billing to your customers. We do not bill your customers. We bill you for the domain and space, then you turn around and bill them for your cost from us and your services in addition to that
  • We can only allow you to be a reseller if you are paying by credit card
  • Actual or attempted violations of policy by a customer's end user shall be considered violations of the policy by the customer regardless of intention and will be acted upon accordingly
  • Your customers are given a limited amount of transfer and if we feel that one of your customers are using up more transfer than allocated or are taking up too much of the CPU usage then we will need to pass some of the extra cost on to you and you will need to pass it on to your customer. You will need to put that in your terms and conditions for the hosting
  • You agree that neither you nor your customers can hold us responsible for services that you offer
  • Your customers have to abide by the same terms and conditions as you do, or we have the right to cancel any of your reseller accounts
  • If you abuse our services, we reserve the right to cancel your account, which will also cancel your customers accounts

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Contact Us:
Contact us if your question was not answered in this Policy.

We reserve the right to change this Policy any time, so please, check this page at least once a month or when in doubt.

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