Terms of Use

SHARED AND DEDICATED HOSTING. Company web host services include high-speed hosting, shared secure server and dedicated server options, each with installed scripts and software to support the function of company web products, including but not limited to, HTML, PHP, MySQL, cgi and perl. If Customer does not choose to utilize Company hosting services, the interactivity and/or site functions may not work for products and services delivered. Customer accepts responsibility for the hosting service support, or lack thereof, when utilizing foreign hosting services other than that offered by company.
a) customers. Company offers web hosting to customers all around the world. We have the responsibility to protect each Customer and provide them with the best service possible. Please read carefully before ordering and/or using Company web hosting services.

b) End User Agreement. Customer may not sublease, sub host, or give away control of any portion of their web hosting space and/or resources (including, but not limited to, e-mail accounts, space, ftp accounts, etc.), unless otherwise stated in writing.

c) Content. All services provided by Company 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 is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless company from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any company assigned server. This includes sites that may infer sexual content, or Link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to servers or any other server on the internet. Links to such materials are also prohibited.

Examples of non-acceptable content or links
• Pirated software
• Bulk Email related products
• Pornography/Nudity/Adult Content
• Hacking/cracking related websites
• Warez and/or copyrighted MP3s
• Illegal material or material that is against public policy
• Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)

d) Company will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund!

e) Copyright Violations. Company will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.

f) System Resource Useage. Server accounts are based on amount of storage and transfer. It is the sole responsibility of Customer to order server storage and transfer needed to support their business. customers can upgrade accounts, as needed, if space is available, or order a dedicated server, which is recommended for sites or shops with a large number of products and product images and/or high traffic. Company is not responsible for relocating files to alternate servers.

If Company system administration determines that a Customer's account is utilizing an unacceptable amount of system resources, Company may temporarily deactivate the account in question. If Company deems necessary, an eviction notice may be sent to the Customer of an offending account providing them with ten (10) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases.

Company will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.

g) Domain Parking Circumvention. Any attempt to circumvent domain parking restrictions by using selective HTTP redirects or any other method to send traffic from parked domains to sites other than the main site is strictly prohibited. If multiple domain names with separate content are required, domain pointers must be used instead.

h) Chat Rooms. Company does not allow Customer to install their own chat rooms. These tend to be large system hogs and Company cannot allow it as an account option. Customer is free to use any and all of the three chat systems that come pre-installed on all accounts.

i) Background Running Programs. (bots/daemons/monitors) customers are not permitted to run programs in the background on shared hosting servers. This tends to use a lot of system resources, and can impair service to other customers on that server.

j) Backups. Company hosting accounts include a 3rd party nightly backup service, however these backups are for Company 3rd party administrative purposes only, and are in NO WAY GUARANTEED! Customer is responsible for maintaining their own backups on their own personal computers. Company does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Company's part). Company will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

k) Support Abuse. At Company, we always treat customers with the utmost respect. In return, we expect the same from you. If our staff feels that Customer consistently addresses them in a demeaning or rude manner, Customer account may be suspended and Customer may be asked to take your business elsewhere. In the event that Company terminates hosting service for support abuse, Customer will be given ten (10) days notice to find a new host. We will issue a refund only for the unused portion of pre-paid hosting service on accounts that are in good standing and have not been in default for cause.

l) Cron Jobs. Company does allow Cron Jobs to be conducted on servers we offer. Customer can setup and manage the cron jobs for your account from the "Cron" section of cpanel or vdeck admin panel.

m) IRC (Internet Relay Chat). Company does not allow IRC or IRC bots to be operated on servers we offer. Any account found to be in violation of this provision will be immediately suspended and/or deactivated and no refund will be issued.

n) Shell Access. Shell access is provided on an as-needed basis. It does not come enabled on accounts by default. A request for this feature must be sent to technical support before it can be used. The request must include a domain name, username and explanation of why shell access is required. We reserve the right to refuse this service to any customer for any reason.

o) Unsolicited Email (SPAM). SPAMing, or the sending of unsolicited email, from a server provided by company or using a return email address that is maintained on a server provided by company is STRICTLY prohibited. Using SPAM to advertise a site hosted on company network also constitutes as a violation of this provision. Company will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.

Help us STOP SPAM! Please use the helpdesk to notify us immediately to report a violation of our SPAM policies.

p) Server Abuse. Any attempts to undermine or cause harm to a Company server or Customer of Company is strictly prohibited.

Company will be the sole arbiter as to what constitutes a violation of this provision. Customer found in violation of this provision will be subject to account deactivation without refund. Company will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.

q) Failure to Comply. Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to Company's discretion). Any accounts and/or servers contained within Company's network must adhere to the above policies.

Company reserves the right to remove any account without prior notice. If Company deactivates your account for violating TOS, Customer will forfeit rights to a refund--and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.

Company reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.

35. MODIFICATION OF TERMS OF SERVICES (TOS). Company reserves reserve the right to modify these TOS at any time with no prior notice. Company promptly reflects any such modifications on our website.