Terms of use for the Linux Shared Hosting
The terms of use below constitute a legal agreement between you (The Customer) and Website Solutions (the Company). Your agreement to be bound by these terms is acknowledged by your use of the Company Services, Support Services and/or any software made available to you by the Company.
Customer's Shared Linux Account Fees
Single Account
The Company will charge the customer the appropriate fee, depending on the Customer's order. The Customer chooses whether a domain name registration should be included in his/her account and the billing cycle for the account. For billing cycles shorter than one year there is a one time non-refundable Set Up fee.
Multiple Accounts
The Company will charge the customer the appropriate fee, depending on the Customer's order. The Customer chooses how many accounts to be included in the Multiple Accounts order. Multiple Accounts fee is applied and should be paid on a per year basis. The discount for ordering Multiple Accounts varies, depending on the number of accounts ordered. The Multiple Accounts discount is granted only when more than one account is ordered simultaneously.
Renewal Account Fees
Renewal fees are due for each Linux Shared Account at the end of the pre-paid period for the account. The renewal fees for a Linux Shared Account on a monthly or a quarterly billing cycle are billed automatically, until the account is either canceled by the Customer or the Company or the Customer has changed its billing cycle to a longer-than-quarterly one.
Domain Name Related Services
The Company provide domain registration, renewal, transfer, and ID protect on behalf of the Customer with a registrar selected by the Company. Apart from the specific Company terms below the use of the domain registration related services is regulated by ICANN, the registrar and the applicable laws. For more information about the ICANN terms and the terms of the two Registrars from which the Company selects, please read:
ICANN Policy:
http://www.icann.org/dndr/udrp/policy.htm
TuCows Domain Registration Agreement:
http://resellers.tucows.com/contracts/tld/exhibita
ENOM domain registration agreement and ID protect agreement
https://www.enom.com/terms/agreement.asp
https://www.enom.com/terms/idprotect_agreement.asp
Domain Names Registration and Use
Free Domain Names Registration and renewal
The registration and the renewal of the Customers domain name will be included in the initial and renewal fees for the Linux Shared Hosting account and will not be subject to additional fees only if the domain name meets all of the conditions below:
1. The domain name registration is requested by the Customer at the time of the initial account setup
2. The domain name is used as the main domain for the hosting account throughout the whole duration of the hosting service
3. The domain name has one of the following extensions: .com; .net; .org; .us; .biz; .info.
4. The Customer requests the domain renewal in up to 29 days after its expiration day before the domain name redemption period starts. In case the renewal request of a free domain name is received during the domain name redemption period the appropriate redemption fee should be paid by the Customer.
In case of a legitimate refund request for an account, which includes a free domain registration by the Company, the Customer is withheld $14.95/year for the domain name registration and if renewal of the domain is later requested by the Customer renewal fee is due.
Additional Paid Domain Names Registration and Renewal
All domain names that are registered by the Company on Customer's request and do not meet the conditions for free registration and renewal above are subject to the appropriate fees depending on the number of domains ordered, the registration period and the domain extension. Renewal fees are due for all such domains at the end of the pre-paid period. In case the renewal request of an additional domain name is received in more than 29 days after the expiration of the domain, during the domain name redemption period, the appropriate redemption fee should be paid by the Customer. Registration, renewal and redemption fees for such domain names are non-refundable.
Domain Names Registration Additional Terms
Each domain ordered by the customer is registered on behalf of the Customer and the Customer personal details are used for its registration, except for the contact email. The Company will register each domain name with a default Company email address to protect the Customer from receiving unwanted email messages. The Customer understands and agrees that unless he changes this email he may be unable to receive notifications related to his/her domain sent by the domain registration authorities. The Customer can change the Domain administrative email and manage his/her domain name registered or transferred to the Company through the Customer Area. The Customer can transfer the domain name registered by the Company to another domain name registrar at any time.
External Domain Names
Associating domain names, which are not registered by or transferred to the Company, with the Customer's Linux Shared Account is done on the Customer's own risk. The Customer is solely responsible to use only domain names that are compatible with the service of the Company and to manage them in compliance with all legal and technical requirements. The Customer is solely responsible to keep the DNS settings of the external domains up to date with the recommended DNS setting provided by the Company in the Manage Account section of the Customer Area. The Customer agrees to regularly review the DNS information posted in the Manage Account section of the Customer Area and be aware of the changes made.
The Company cannot be held liable for any faults in the domain names functionality or for any faults in the hosting, email or other services provided by the Company which result from a failure of the Customer to manage its external domain in compliance with all legal or technical requirements including but not limited to: wrong DNS servers setup, misspelled domain names, expired domain names, etc
Domain Name Transfer
The Customer can transfer a domain name to the Company. The domain transfer is possible only if the Customer ensures that all the requirements for the transfer are met. Some of the requirements include, but are not limited to:
1. The domain name to be transferred is not in 'locked' Status.
2. The Customer has access to the administrative contact email for the domain.
3. The Customer can provide the Company with the domain EPP key code, applying to domains for which there is such a code.
4. There are more than 15 days till the domain name expiration date.
5. The domain name was registered for the first time more than 60 day ago.
6. The domain name has extension that the Company is able to register.
7. For .co.uk and .org.uk domains the special TAG attribute is set to ENOM
The Company charges the appropriate fee for the domain transfer, depending on the domain name extension. The fee is one-time and is non-refundable. The Company cannot be held responsible if a domain transfer is not successful due to the clients' failure to meet all the domain transfer requirements. Renewal and redemption fees are applicable for any transferred domain in accordance with the Additional Domain Names Registered by the Company on Customer's Request terms.
ID Protect
ID protect is a service that allows the Customer to hide his/her personal details, connected with his/her domain name. ID protect service is provided only for domain names that are registered by or transferred to the Company. The Company will charge the appropriate fee for the ID protect service. The fee is applied and should be paid on a per year basis. The fee is non-refundable. Renewal fee is due for the ID protect service one year after the initial order.
Additional Services and Products
The additional services and products, listed below can be provided by The Company upon Customer's request at the following terms:
Private SSL Certificate
The Company will charge the customer the appropriate fee, depending on the Customer's order of the SSL certificate. The fee is applied and should be paid on a per year basis. The fee is non-refundable and includes the following services:
1. One year registration of an SSL certificate on the name of a company, specified by the Customer.
2. Installation of the SSL certificate on the Customer's account.
3. Dedicated IP for the SSL added to the Customer's account.
Any SSL certificate can be used only for the domain name, specified by the Customer in the SSL certificate order form. The Standard SSL and the Geotrust Quick Premium SSL certificates can be used only with the second level domain name chosen by the Customer. The Customer also has to choose whether the certificate will be used for the domain with or without the www prefix. The RapidSSL Wildcard SSL certificates can be used only with subdomains of the domain name specified by the Customer that are not higher than third level domain names.
The Customer is fully responsible for the correctness of the information filled in by him/her during the SSL certificate order process.
Renewal fee is due for the SSL certificate one year after the initial SSL certificate registration.
Addon Domain Slots
Up to 5 Addon Domain Slots can be added to each Linux Shared account by the Customer. Addon Domain Slots allow having additional websites hosted on the Customer?s main Linux Shared Hosting account. The Company will charge the customer the appropriate fee, depending on the number of the Addon Domain Slots ordered. The fee is applied and should be paid on a per year basis. The fee is non-refundable.
By choosing to host a website on an addon domain the Customer understand and agrees that each website hosted on an addon slot uses part of the resources of the main Linux Shared Hosting Account and that some limitations may apply to the management options for a website hosted on an addon slot, as compared to a website hosted on a separate account. These limitations include, but are not limited to: no separate CPanel is available for the websites hosted on addon slots; no parked domains can be created for websites hosted on addon slots; no free domain name registration is included in the addon domain slot fee; no transfer promotion benefits apply for the websites hosted on addon slots; etc.
Renewal fee is due for each Addon Domain Slot one year after the initial addon slot order.
Dedicated IP
Dedicated IPs can be added to each customer's account. The company will charge the appropriate fee for the dedicated IP. The fee is applied and should be paid on a per year basis. The fee is non-refundable. Renewal fee is due for each Dedicated IP one year after the initial order.
The Dedicated IP is granted only after the reason for the dedicated IP request is approved by the Company. Additional one-time non-refundable fee is applied to the standard Dedicated IP fee, if the reason for the IP is an External SSL installation.
The Company may change the dedicated IP address of the customer to another IPv4 compatible IP address after giving the Customer as much prior notice as reasonably practicable.
SiteBuilder
The basic version of the SiteBuilder is included in the fee of the Customer's account. The Customer can upgrade the SiteBuilder version. The Company will charge the appropriate fee for the SiteBuilder upgrade. The fee is one-time and is non-refundable.
The SiteBuilder is a third party software and is provided on an as is as available basis. The Company does not guarantee that any specific results can be obtained by using the SiteBuilder. The Company does not take responsibility for any faults in the SiteBuilder functioning or accessibility.
Upgrade to PrivateHost
Each Linux Shared hosting account can be upgrade to a PrivateHost (Virtual Private Server). The upgrade is performed by the Company after the Customer has paid the first month fee for the PrivateHost. The fee depends on the PrivateHost type chosen by the Customer and is non-refundable. No refund for unused time of the Linux shared hosting account is owed by the Company in the event of upgrade to PrivateHost. The customer is entitled to a free transfer of the shared hosting account that is upgraded to the PrivateHost if there is more than one month left to the expiration of the current Linux Shared Hosting Account of the Customer. Once the account is transferred to the PrivateHost the shared hosting account is terminated and the new PrivateHost account use is governed by the PrivateHost Terms of use.
Upgrade to Dedicated Server
Each Linux Shared hosting account can be upgrade to a Dedicated Server. The upgrade is performed by the Company after the Customer has paid the first month fee and the set up fee for the Dedicated Server. The fee depends on the Dedicated Server type chosen by the Customer and is non-refundable. No refund for unused time of the Linux shared hosting account is owed by the Company in the event of upgrade to Dedicated Server. The customer is entitled to a free transfer of the shared hosting account that is upgraded to the Dedicated Server if there is more than one month left to the expiration of the current Linux Shared Hosting Account of the Customer. Once the account is transferred to the Dedicated Server the shared hosting account is terminated and the new Dedicated Server account use is governed by the Dedicated Server Service Terms of use.
Linux shared account and additional services and products come with the features and prices, as described in the Linux Shared Hosting Section on Website Solutions website on the date of the Customer's payment. The Company reserves the right to decide if any changes made to the its products, prices or discount policies after the Customer's payment should be applied to the Customer's account.
The Customer is solely responsible to provide all the needed information, so that the Company can provide the ordered service. If any information is missing after the order is submitted, the Company will request it from the Customer additionally. If the Customer does not provide the requested information in 10 business days after the request is sent, the order will be cancelled with no refund.
The Company service fees do not include sales, use, transfer, privilege, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder. The Customer is solely responsible for paying all applicable taxes. If the Company is billed for any of these taxes by a taxing authority, it will bill the Customer the sum of the payment made.
Service Cancellation By the Customer
Any service provided by the Company can be canceled by the Customer in accordance to the cancellation terms below. The cancellation becomes effective 5 business days after it has been received by the Company. If a renewal payment is billed by the Company after a cancellation request is received but before the cancellation becomes effective it will not be refunded.
Cancellation and Refund Policy for Shared Linux Hosting Account services
A Linux Shared hosting account can only be canceled trough the Billing Section of the Customer Area. The cancellation request process includes initiating a cancellation request and confirmation of the cancellation request. A cancellation request is received by the Company only after it has been confirmed by the Customer. The cancellation becomes effective at the time chosen by the Customer during the Cancellation process.
The Customer's account will be suspended at the date when the cancellation becomes effective. A copy of the cancelled account will be kept by The Company for a maximum of 7 calendar days after the cancellation becomes effective. Each cancelled account will be terminated and deleted, and all of its backup copies, as well as any other information or data, associated with the account will be deleted from the Company's servers if more than 7 calendar days have passed after the cancellation has become effective. The Company cannot be held liable for loss of data due to account suspension or termination after the cancellation becomes effective.
The client is eligible for a refund after canceling a Linux shared account on the following terms:
1. The cancellation requested by the Customer has become effective in less than 30 days after the date of the initial payment for this account. Linux Shared Accounts cancellations that become effective in more than 30 days after the initial payment are not eligible for refund.
2. The Customer will be refunded the money s/he paid for the Linux shared hosting account(s) excluding the setup and processing fee of $24.95 per account. The setup and processing fee is always withheld in case of a refund, even if this fee was waived at the time of purchase
3. If the Customer has registered a domain name during the initial hosting account order process the applicable domain name registration fee will be also withheld. The domain registrations fee is always withheld in case of a refund, even if this fee were waived at the time of purchase.
Cancellation policy for Additional Services and Products
Any additional service and product service provided by the Company can be only canceled by the Customer with a cancellation request posted to the Billing Department through the Helpdesk. The additional services and products fees are non refundable. Once an additional service is cancelled by the Customer it can be added again only if a new initial fee is paid by the Customer.
Service Cancellation by The Company
The Company may cancel any of its services immediately with no prior notice and with no refund, if the Company determines in good faith that Customer's use of the service violates the terms of use. The Company cannot be held liable for loss of data in case of such a cancellation.
The Company may also cancel any of its services, if the Company determines in good faith that this service has become impractical or unfeasible for any technical, legal, regulatory or other reason, by giving Customer as much prior notice as reasonably practicable.
The Company may also cancel the Linux Shared Hosting service used by the customer for any or no reason with a 7-day prior notice. After the 7-day period the Customer Account will be terminated and the Company will provide access to an archived backup copy of the Customer?s account content as of the termination date. The backup copies will be accessible for up to 7 calendar days. All backup copies, as well as any other information or data, associated with the account will be deleted from the Company's servers after the 7-day period for accessing the archived back up copy.
In case of Linux Hosting Account Cancellation by the Company for a reason different from violation by the Customer of the Terms of Use, the Company will issue a refund for all the months, for which the account is prepaid and will not be used by the Customer. The amount of the refund will be calculated by multiplying the number of the unused months by the pre-paid monthly price applicable for the Customer's billing cycle. The Company will act in good faith to offer several options for receiving the refund; however it is the Customer's sole responsibility to provide the needed information for receiving the refund
Hosting Account Expiration
Each Customer's account might be suspended on the expiration date if no renewal payment is received by the Company before this date. A copy of the expired account will be kept by The Company for a maximum of 7 calendar days after the expiration date. Each cancelled account will be terminated and deleted, and all of its backup copies, as well as any other information or data, associated with the account will be deleted from the Company's servers if more than 7 calendar days have passed after the expiration date and no renewal payment is made by the Customer. The Company cannot be held liable for loss of data due to account suspension or termination after the expiration date.
Payment Processing
The Customer understands and agrees that his payment can be process either by the Company or by an authorized vendor of the Company. The Customer agrees to keep the Company and any of its vendors harmless of any fraud risks, ungrounded chargeback requests and other actions related to his/her payment that can influence negatively the standing of the Company or its vendors.
Payment Acceptance
The Company reserves the right to verify each payment and the service will be provided only if the verification process is successfully completed. In case of failure of the verification process the service will not be provided and the payment will be refunded by the Company.
The Customer understands and agrees that during the verification process the Company or its vendors may contact the Customer and request additional information and documents from the Customer. It is the Customer?s sole responsibility to provide all the information required in order to verify the payment.
Payment Invoices
An invoice for any service payment will be provided on Customer's request either by the Company or its vendor, depending on who has processed the payment. The Company invoices are provided using the information of the person/organization, who has actually made the payment . The information in the invoice is filled exactly as it was submitted at the time when the service payment was made and no modifications of this information are possible.
Payment Cancellations
The Customer understands and agrees that the services provided by the Company can be canceled only by contacting the Company and in accordance with the "Service Cancellation by the Customer" terms. The Customer understands and agrees that the Company vendors can act only as an intermediary at the point of payment processing, but cannot be involved in any communication or be held liable by the customer in relation to a service provided by the Company.
If a payment is cancelled by the customer directly with a Company Vendor, the service provided by the company will be immediately terminated by the Company with no guarantees against data loss.
Payment Chargeback
In case of a chargeback of the Customer's payment directly through the Credit Card authorities the service provided by the Company will be immediately terminated by the Company with no guarantees against data loss. In case the charge back is ungrounded the Customer is obliged to provide any assistance and documents needed to the Company for reversal of the chargeback in up to 2 business days. The Customer will also be liable to pay a $50 chargeback processing and handling fee. In case of failure by the customer to comply with Payment Chargeback policy the Company reserves the right to handle the case over to a Collection Agency for collecting the due payments by the Customer.
Western Union Payments
The Company no longer accepts Western Union payments. Any fee previously paid through Western Union is non-refundable. Any service previously paid for by Western Union will be delivered up to 3 business days after the Customer provides the 10 digit control number of the payment. All Western Union transaction fees are paid additionally by the Customer and are not included in the price of the service.
Customer's use of account resources
The Customer should use all recourses provided by The Company in a manner that does not endanger the quality of the overall server performance. Such resources include but are not limited to: Server Memory Usage, CPU usage, MySQL server usage, mail server usage, web server usage etc. If any part of the Customer's account is found to violate the Account Resources Use policy below, the Company may take immediate corrective actions without prior warning. Failure by the Customer to maintain his/her account in full compliance with the terms listed below may result in a warning, resource usage limitations, suspension or immediate account termination with no refund.
Customer's use of traffic (bandwidth)
Customer's account monthly traffic is limited in accordance with the Customer's hosting plan. If the monthly traffic limit is reached before the end of the month the Customer's account will be suspended until the beginning of the next month. No traffic can be transferred from month to month.
Customer's use of disk space
Customer's account disk space is limited in accordance with the Customer's hosting plan. The maximum allowed space for shared Linux Hosting is 750,000 MB. The following disc space limitations for different file types are also applicable:
1. NO more than 5,000 MB of a Linux shared hosting account can be allocated to music, video or other multimedia files including but not limited to .avi, .mp3, .mpeg, .jpg, .gif files
2. NO more than 5,000 MB of a Linux shared hosting account can be allocated to any archive files and disk images files containing the complete contents and structure of a data storage medium. These files include but are not limited to .rar, .zip, .tar, .gzip, .iso, .nrg, .ccd, .img, .sub, bin/.cue files.
3. NO more than 5,000 MB of a Linux shared hosting account can be allocated to databases dumps including but not limited to .sql files
4. NO more than 5,000 MB of a Linux shared hosting account can be allocated to Executable files and all other files which are the result of compiling a program. These include but are not limited to .exe, .pdf, .psd files.
Customer's use of parked domains
The Parked domain feature allows the Customer to have more than one domain names pointing at the same content as the primary domain of the account. The Customer should not use the Parked domain feature for pointing at other content using htaccess, php redirect or in any other way.
Customer's use of email service
The Customer should use the email and other related services in full compliance with the terms below:
1. Each Customer's account is allowed to send a maximum of 400 emails per hour. Any account that exceeds this limitation is endangering the overall server performance.
2. Each email sent by the Customer should have NO more than 20 recipients. Sending a single email to more than 20 recipients simultaneously is endangering the overall server performance.
3. The use of email clients with IMAP protocol is allowed for mailboxes with a maximum size up to 200MB. Any use of IMAP with a bigger mailbox is endangering the overall server performance.
4. The use of email clients with POP3 protocol is allowed for mailboxes with a maximum size up to 100MB. Any use of POP3 with a bigger mailbox is endangering the overall server performance.
5. The Company allows up to 100 checks per hour for a POP3 mailbox. Any use of POP3 service to check a mailbox more often than 100 times per hour is endangering the overall server performance.
Customer's use of DataBase Resources
Customer should use the MySQL and Post-Gre database server resources in a way that does not endanger the quality of the overall server performance. A database that generates more than 10% of the database queries longer than 1 second at any given time endangers the overall server performance. The Customer is responsible to manage his/her database(s) so that it is in compliance with this policy.
Customer's Use of Shared Server CPU
The Customer account should NOT use more than 10% of the shared server CPU for a period longer than 5 seconds. Any account that is using more than 10% of the shared server CPU for more than 5 seconds is endangering the overall shared server performance.
Customer use of Server Memory
The Customer account should NOT use more than 65MB of the server memory resources at any given time. Any account that is using more than 65 MB of the shared server memory is endangering the overall shared server performance.
Other Customer's account limitations
The limitations listed below apply to each Customer?s account and failure by the Customer to comply with them will endanger the overall server performance:
1. No more than 20 simultaneous processes will be executed by the Customer's account at any given time.
2. No Cron Jobs with execution period shorter than 30 minutes will be executed from the Customer's account.
3. No more than 10 simultaneous connections from a single IP to the Customer's account are allowed.
The Customer agrees that the Company has the sole right to decide what constitutes a violation of the terms for resources use listed above as well as what is the appropriate severity of any corrective action to be applied. If no revision of the decision is requested by the Customer in 7 calendar days, the Company decision became binding and final.
The Customer has the right to request a revision of the Company decision for any resource abuse case only once. If this request is received by the Company in 7 calendar days, after the corrective action has been taken, the Company will revise the case including the additional information provide by the Customer. The decision of the Company in such a case is binding and final, and cannot be a subject of a further change.
The Customer understands and agrees that the Company can terminate each account that violates the terms of account resource use and cannot be responsible for data loss in such cases.
The Customer understands and agrees that in case of re-activating of a Customer's account suspended for violation of terms of account resource a re-activation fee of $50.00 will be applied.
Customer's Responsibilities related to his/her Account Confidentiality and Integrity
The Customer is responsible for maintaining the confidentiality of all login information related to his/her account, Control Panel, FTP and other account management tools. The Customer has no right to rent, lease, lend, distribute, market or otherwise dispose of any portion of his/her Linux Shared Hosting account space for management and use to third parties. Failure by the Customer to maintain his/her account in full compliance with this policy may result in a warning, suspension or immediate account termination with no refund.
The Customer is responsible for maintaining the security and the integrity of all the software applications that s/he chooses to be uploaded and/or used on his/her account. The Company cannot and will not be liable for any loss or damage arising from security bridged in any such software and application.
The Customer agrees to immediately notify the Company of any unauthorized use of his/her password or account or any other breach of security and to ensure that s/he logouts at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.
The Customer is fully responsible for all activities that are performed through his/her account. The Company has the right to suspend or terminate any account, which does not comply with the terms of use, without prior notice and with no refund. The Company cannot and will not be liable for any loss or damage arising from account suspension or termination due to unacceptable use of the account, even if the Customer is not aware of and/or has not authorized such use.
Customer's Responsibilities Related to Actions that Cause Harm to The Company
The Customer is responsible not to engage in or to instigate actions that cause harm to the Company or other Customers. Such actions include, but are not limited to, actions resulting in blacklisting any of The Company IPs by the any online spam database, actions resulting in DOS attacks for any servers belonging to the Company, etc. Failure to comply with this policy may result in a penalty fee, warning, suspension or possible account termination with no refund. The Company has the right to decide in good faith which actions cause harm as well as the size of the penalty fee or the severity of any other corrective action to be applied. The decision of the Company in such case is binding and final, and cannot be a subject of a further change.
Customer's Responsibilities related to his/her account content performance
The Customer is solely responsible for the quality and performance of the Customer's account content uploaded by the Customer. Customer is also responsible to ensure that all aspects of the Customer's account content are compatible with the Company server's hardware and software. The specifications of the hardware and software are described in the Control panel (CPanel) for each account. It is Customer's responsibility to keep his/her content compatible at all times. The Company cannot and will not be responsible for any malfunctioning of the Customer's content or any damages to the Customer's content caused by failure of the Customer to keep his/her content compatible with the hardware and software used by the Company.
Linux Shared Hosting Servers Configuration
The Company configures the Linux Shared Hosting servers based on its best knowledge for optimal server performance. The Company can also make changes at the server configuration at any time without prior warning to the customer. This is done in good faith for achieving better server performance. The customer agrees that s/he will not be able to perform any activity from his/her account, which will be in conflict with the server configuration; as such activities are endangering the quality of the overall server performance.
Referral Program
The Customer is entitled to receive months of free hosting added to his/her account if a new customer, referred by the Customer, orders hosting from the Company. The free months are added after the referred customer has maintained his account for more than 30 days. The free months can be added only to a shared Linux or to a shared Windows hosting account. In case the referring Customer has multiple accounts with the Company s/he can choose which account to receive the free months. The number of months added depends on the OS platform the account uses.
The Company uses a special tracking system to testify the authenticity of each referral. The Company has the right to decide if a referral is actual based on evidence from the tracking system and/or on evidence provided by the Customer. The Customer cannot use the referral program for referring him/herself. In such case no free months will be received.
Acceptable Use Policy
Customer should use all services provided by the Company for lawful purposes only. Customer agrees to maintain his/her website in full compliance with the terms listed below. If any part of the Customer's account is found to violate the Acceptable use policy below, the Company may take immediate corrective actions including immediate suspension or deletion, from the Customer's account without prior warning. Abuse of the acceptable use policy below may result in a warning, suspension or possible account termination with no refund.
By using any Services, provided by the Company:
* You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
* You agree not to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be spamming or Mail Bombing.
* You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
* You agree not to make, attempt or allow any unauthorized access to the Company website, servers, your own hosting account or the account of any other customer of the Company.
* You agree not to allow any remote code execution of malicious software through the hosting account provided by the Company
* You agree not to cause denial of service attacks, port scans or other endangering and invasive procedures against the Company servers and facilities or the servers and facilities of other network hosts or Internet users.
* You agree not to forge the signature or other identifying mark or code of any other person or engage in any activity (including "spoofing") to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames)
* You agree that you will not use the account provided by the Company for storing any data if it is copyrighted and you are not the owner of the copyright. This includes but is not limited to copyrighted music files, copyrighted video files, copyrighted software, etc.
* You agree that you will not use the Company services to host any website, other content, links or advertisements of websites that:
* infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information;
* are with adult content, pornographic, obscene, unlawfully harassing, or connected with sex-related merchandising;
* profess hatred for particular social, ethnical, religious or other group;
* contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property;
* contain Illegal or Hacking/Phreaking Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost. This includes, but is not limited to ROMs, ROM Emulators and Mpeg Layer 3 files (MP3);
* contain any kind of proxy server or other traffic relaying programs.
* Promote Money Making Schemes, Multi-level Marketing or similar activities.
* Contain Torrent trackers, Torrent Portals or similar software.
The Customer agrees that the Company has the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. If no revision of the decision is requested by the Customer in 7 calendar days, the Company decision became binding and final.
The Customer has the right to request a revision of the Company decision for any resource abuse case only once. If this request is received by the Company in 7 calendar days, after the corrective action has been taken, the Company will revise the case including the additional information provide by the Customer. The decision of the Company in such a case is binding and final, and cannot be a subject of a further change.
The Customer understands and agrees that the Company can terminate each account that violates the terms of account resource use and cannot be responsible for data loss in such cases.
The Customer understands and agrees that in case of re-activating of a Customer's account suspended for violation of acceptable use policy a re-activation fee of $50.00 will be applied.
Technical Support
The Company provides Technical Support to the Customer at no additional fee only for hosting related issues. The Company has the right to decide what is a hosting related issue and to charge additional fees or refuse support for non-hosting related issues. Any fees paid by the Customer for providing non-hosting related support are non-refundable.
The Customer can requested technical support only by opening a ticket trough the Helpdesk system located in the Customer's area. The Company will have no liability to provide technical support if it is requested in any other way apart from the Helpdesk system. The Customer is solely responsible to use the appropriate Helpdesk category when posting a ticket. The Company will have no liability to respond to tickets opened in inappropriate categories.
Customer must provide the Company with all information and access to facilities that the Company may reasonably require to provide the requested Technical Support. The Company cannot and will not be liable for any delays or increased costs or expenses associated with Customer's failure to provide any of such information.
The Company will act in good faith to provide the requested technical support in the time frame expected by the Customer and to achieve the results required by the Customer. However, The Company has no liability or obligation to complete the requested Technical support by any deadline or achieve any particular outcome or result.
The Company will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with the Company provision of Technical Support requested by Customer.
The Customer should not abuse the Helpdesk system. Abuse of the Helpdesk system includes, but is not limited to, excessive number of tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for posting a ticket, etc. Any abuse of the Helpdesk system may result in warning, Helpdesk access restrictions, hosting account suspension or possible hosting account termination with no refund. The Company has the sole right to decide what constitutes abuse of the Helpdesk system.
Third Party Software Products
The Company provides some third party software to the customer for easier account management including, but is not limited to cPanel, Fantastico, Zen SiteBuilder, etc. Such software is provided on an as is as available basis. The Company does not guarantee that any specific results can be obtained by using such software. The Company does not take responsibility for any faults in such software functioning.
The Customer can add and use third party software on his/her account only if it is compatible with the Company servers and is approved by the Company. The Customer's use of any third party software is at the Customer's own risk. The Company cannot be responsible for any third party software performance.
Any assistance with third party software is provided by the Company only upon Customer's request. The Company may charge an additional fee for such assistance, depending on the nature of the work required.
The Customer is solely responsible for any license and other fees required by the software providers, for using any third part software installed on the Customer's account apart from the initial account setup.
Backup Policy
The Company act in good faith to create a backup copy of each Customer's account once a week. However, these copies are intended for the Company internal use only. The Customer is solely responsible for making backup copies of his/her web site and content, associated with the customer?s account, such as email messages, SQL databases, etc. At the Company?s sole discretion the following file types may be excluded from the back up: iso; ace; arj; avi; bak; bin; bz; bz2; cab; car; cbr; ccd; cdr; cue; drw; exe; flv; gz; gzip; img; iso; jar; jmy; lbs; md; mid; midi; mov; mp2; mp3; mp4; mpa; mpeg; mpg; nrg; pae; pak; psb; psd; r00; r01; r02; r03; ram; rar; rm; rmf; sea; sub; tar; tar.gz; tgz; vob; wad; wav; wave; wma; wmv; zip; and any other file type, which the Company considers as not suitable for backup. The Company has no liability or obligation to create, store or provide any backup copy to the Customer website and other content. The Company cannot be and will not be liable for any damage, loss of data, loss of use or other loss occurring because of lack of a copy of Customer's website and other content or having an outdated back up copy of Customer's website and other content.
99.9% Server Uptime Guarantee
For annual downtime of more than 0.1% on the server(s), where the Customer's website is hosted, the Customer will receive compensation if all the conditions below are met:
1. The Customer has used the Company hosting service for at least 12 months.
2. The server (s), where the Customer hosting account is located, experiences a total downtime of more than 0.1% in a period of 12 months after the account activation or during any of the consecutive 12-month periods.
3. The reason(s) for the server downtime occurrence(s) were NOT beyond the Company influences, which include but is not limited to: DOS attacks, Internet connectivity problems, electricity outage, hardware failure, software failure and force majeur events like fire, flood, other natural disasters and acts of God, labor disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment relative to the server uptime, etc.
4. The Customer requests his/her compensation not later than 30 days after the 12 month period, in which there was a downtime bigger than 0.1%, has ended.
The Customer will be compensated with a credit equal to the fee he/she has paid for the hosting service pro rated by the number of hours in which the Service was interrupted because of the downtime.
Loss of Email Messages
The Company acts in good faith to provide email services in association with the Shared Linux hosting account of the Customer. However, the Company cannot be liable for loss of emails resulting from internal or external SPAM protection policies, software or hardware malfunctioning and other factors beyond the Company influence.
Services Ownership
The person/organization, whose information is filled in My Details section in the Customer area is considered by the Company as the OWNER of the service. Initially this information is automatically filled by the Company using the information provided during the order process on the order page. If there is both an Organization and a person pointed out as owners, the priority is given to the organization. The change of ownership can be done at any time by changing the information filled in My Details section in the Customer area by the current owner. The owner is solely responsible for any change to this section.
The Company will contact the Owner in any event connected with the ordered service. The Company will also consider the Owner as the only one authorized to make requests to the Company connected with the ordered service.
This person/organization, who pays for the ordered service is considered the PAYER of the service and is NOT considered as owner of the service unless one of the following is true::
1. The Owner is the same as the Payer
2. The Owner, has contacted the Company and agreed that the ownership is transferred to the Payer.
In case the OWNER is different from PAYER, the Owner is obliged to inform the Payer about the Company ownership policy.
Any dispute about ownership that can arise will be settled by the Company based on the ownership policy described above. The Company will consider a court decision overruling in case of ownership dispute, and will always comply with such a decision.
Disclaimer
The Customer understands and agrees with the fact that the Company does not control and is not responsible for the content of data, scripts, or other information passing through the Company's host computers, network hubs and points of presence on the Internet. The Company cannot be liable for the content of any data transferred or stored by any customer or customer's customers via the services provided by the Company.
The Company Services are provided on an as is, as available basis and are used on the Customer's own risk. No warranties related to the Company services are made, including but not limited to warranties of merchantability or fitness for a particular purpose. The Company makes no warranties that its services will not be interrupted or will be error free. The Company does not guarantee that any specific results can be obtained by using its services. No kind of advice or information, written or oral, given by a Company’s employee, owner or agent can be viewed as a warranty of any kind. The Customer understands and agrees that the Company cannot compensate the Customer with a value exceeding the total price the Customer has paid for the Company services.
The Company reserves the right at its sole discretion to refuse or cancel service. Violation of any of the Company's Terms could result in a warning, suspension, or account termination.
In case of any lawsuit against The Company, resulting from a Customer's violation of law or the above Terms of Use the Customer will pay all damages, as well as attorney fees.
The terms of the Disclaimer section shall survive any termination of this agreement.
Choice of Arbitrator
The Customer agrees that if any disputes or claims arise against the Company or its subsidiaries, such disputes will be handled by an arbitrator at the legal registration location of the Company. All decisions rendered by that arbitrator will be binding and final.
Terms of Use Change
The Company reserves the right to change the above terms of use at any time. Such changes will become effective and binding after their posting on Website Solutions website. The Customer agrees to regularly review the Company Terms of Use and be aware of the changes made. By continuing to use the Company services after a revision has been posted, the Customer agrees to abide by them.
Last update: January 1st, 2008
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