[EN] Budget Hosting - Terms of Service 18 July 2006
Posted by alwi in : hosting & domain , trackbackThis document applies to Budget Hosting Services here.
Hosting Provider Terms of Service
Money Back Guarantee
If within 30 days of signing up for service you are not completely satisfied you will receive a full refund
Cancellation
Cancellations must be done by cancellation of subscription through PayPal, or must be submitted by email or telephone. There are no refunds for cancellation after 30 days from signing up.
Warranty
Hosting Provider will not be held liable for any loss of
data or business for whatever reason such as hard drive
failures, denial of service attacks, hackers, or any other
reason for loss of data or business.
Legal Age
Hosting Provider requires that its agreements be made with a person at least 18 years old. Otherwise, a parent or guardian must accept this agreement and be responsible for payment of
services.
Use of service
No services provided by Hosting Provider may be used for unlawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography. The customer agrees to indemnify and hold harmless
Hosting Provider from any claims resulting from the use of our services.
Examples of unacceptable material:
- IRC Bots
- Warez Sites - this includes linking to warez sites
- Pirated Software - this includes linking to sites providing pirated software
- Hate sites
- Hack programs and archives
Spamming
First define “spam.” Spam is any unsolicited email whether commercial or non-commercial. You may or may not agree but that is my definition based on my research recently. A good definition is found here http://www.monkeys.com/spam-defined/
Absolutely no spam can be sent through Hosting Provider servers or network. Absolutely no site can be hosted on Hosting Provider servers or network that is advertised in spam. If you run any kind of newsletter or any other kind of bulk email service then you must have some evidence that people actually signed up to receive such email. Any and all spam complaints will be investigated thoroughly to determine if the complaint is legitimate. We must have proof from the one reporting the spam. Obvious spam evidence will result in immediate account suspension. Other users will be given 2 days notice to either stop the spamming or come up with evidence to prove that the one reporting the spam actually did sign up to receive it or to find another host.
If you collect email addresses for bulk email the best proof is to collect as much information as possible about the person including the date and time and ip address at the time of sign up. It would be good to have their real name and address too. The more personal information you have about somebody then the better it is because it is unlikely that a spammer would have all that information. Be aware too that there are addresses out there that are planted for spammers to capture to be used in spam. These addresses are planted so that the receiver knows that the email is spam because those addresses are not used for any other purpose. So if you use software to scan newsgroups or websites to collect email addresses then you will be caught. Please do not do this. You also have to be careful about buying email lists from other companies. You need to verify that these addresses are legitimate and the people do want to receive what you are sending them.
Backups and Data Loss
Your use of the service is at your sole risk. Hosting Provider is not responsible for files and 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
Hosting Provider servers.
Resource Usage
Users may not initiate the following:
- Use 25% or more of system resources. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
- Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
Disclaimer
Hosting Provider will not be responsible for any damages your business may suffer.
Hosting Provider makes no warranties of any kind, expressed or implied for services we provide.
Hosting Provider 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
Hosting Provider and its employees.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold
Hosting Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against
Hosting Provider, 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
Hosting Provider against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with
Hosting Provider; (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
Hosting Provider’s servers.
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