The fine print.
Last updated: November 18th, 2019
The following is our combined Terms of Service (ToS) and Acceptable Use Policy (AUP). This brief document aims to outline and clarify what types of services are allowed upon our network, along with what types of activities and services are strictly prohibited (some are prohibited by law). Please understand that this document outlines general guidelines in what we hope is a readable and useful format and is not considered exhaustive. We reserve the right to update this document, as well as refuse hosting services, when we find it necessary to.
- When you create an account and/or use our services, you are agreeing to comply with our ToS and AUP.
- Clients agree to maintain accurate contact information on file with us so that they are able to receive notifications. Clients are also responsible for ensuring that our emails are not blocked by client servers and filters so that our deliverability of notifications to you is not compromised.
- Failing to comply with our ToS and or AUP can result in our inability to provide (or continue providing) hosting services.
- Services that are suspended or terminated for breach of ToS and, or AUP are not eligible for any sort of refund (neither full nor partial).
- If or when you are curious as to whether or not your intended use of our services is in accordance with our ToS and AUP, please contact us before utilizing our services in such a manner, we will be able to let you know whether or not your intended purpose is in compliance.
- Any activities considered illegal in the United States are a breach of our ToS and AUP and are not allowed.
- When law permits, or when your utilization is not jeopardizing the usability of services for other clients, we will notify you by the e-mail address you have with us on file before we take action in order to provide you with an opportunity to resolve the issue.
- By utilizing our services, you understand the importance of maintaining backups of your data. You understand that these backups should be stored in a safe place that is not on our network. The purpose of these backups is so that you will have the ability to restore your data in the event you ever need to. By using our services, you understand that even server hardware is prone to failure periodically and that we can not be held accountable for maintaining or guaranteeing neither your data, nor the backups of your data. Client understands that it is their responsibility and in their best interest to maintain backups.
- By using our services, you understand that we are not responsible for lost time, lost income, or lost data due to non-existent or faulty backups.
- All of our services are provided a specific bandwidth allocation that you are able to monitor usage of within our control panel. In the event that you require more bandwidth than what your service is currently allocated, please contact us so that we may assist you. Please be aware that services that exhaust their bandwidth allocations will be automatically suspended. This automated action prevents you from receiving bandwidth overage fees and provides you with more transparency over what your specific bandwidth requirements are.
Allowed Services (not an exhaustive list) – if you are unsure whether or not your intended use is allowed, please contact us before obtaining or utilizing services.
- IRC services
- Video streaming
- Gameservers (client must open ticket for approval)
- VPN services
- BitTorrent Sync (personal usage only)
NOT allowed services (not an exhaustive list) – if you are unsure whether or not your intended use is allowed, please contact us before obtaining or utilizing services. Services that are terminated for a breach of our AUP are not eligible for refunds.
- Services that disrupt either our services, or the services of other clients
- Spam. All mailing must comply with requirements of the CAN-SPAM Act of 2003. Any space that becomes “blacklisted” (space that is listed upon any blackhole lists) during your possession may result in your services being suspended or terminated. SPAM complaints may result in a “clean-up fee” of $1-5 per complaints, at our discretion.
- Sending any type of Denial of Service (DoS) attack
- IRC (or other) usage responsible for attacks against our services
- Port scanning
- TOR exit nodes (and similar services)
- CPU-intensive services on VPS and shared hosting (example: mining applications)
- HitLeap and similar services
- Torrent services (p2p)
- Adult content
- Nested Virtualization (example: QEMU within a VPS instance)
Regarding Bills and Payment
- By default, clients are provided with 10 days of advance notice of when a payment is due. This notification is sent to the email address you have placed on file with us.
- When payment is not received by the due date, services are automatically suspended. After services have been suspended, clients who do not pay their invoices are at risk of having their services and account terminated. In such an event, client understands that their data is no longer available. Clients who do reestablish services after their services have been terminated for non-payment will have to restore their data from their backups.
- There is a 15% late fee for late payments.
- If you require a payment extension, please contact our billing department and make payment arrangements. Doing so will prevent service interruption and incurring late fees.
- A client who ignores our communication attempts, is acting in a deceptive or dishonest manner, or one who misses mutually agreed upon payment arrangement stipulations will result in service suspension (and possible termination).
Regarding Money-Back Guarantees
- New clients receive a 72 hour (3 day) money-back guarantee on shared hosting services.
- New clients receive a 72 hour (3 day) money-back guarantee on reseller hosting services.
- New clients receive a 48 hour (2 day) money-back guarantee on virtual private servers (VPS services).
- Software (including control panels) are not eligible for a money-back guarantee. Software services are not eligible for refunds.
Regarding Service Uptime Levels
- We guarantee a minimum of 99.89% network uptime on all hosting packages.
- We guarantee a minimum of 99.89% power uptime on all shared, reseller, and virtual private servers.
- Clients will receive a prorated account credit based upon the service cost and the extent of downtime. Clients are to contact us within 48 hours to request account credit compensation.
- Unless your website is taking advantage of our PoM services we will not log into, change files, view your website’s files unless we receive a report that your website is breaking the law or our ToS/AUP, or if your website is suspected of breaking our ToS/AUP.
- If your website is found to be breaking our ToS/AUP we will be suspended or terminated for breach of ToS and, or AUP. See above for more info.
- We respect your email privacy and will not view your message without your permission unless we have received reports that your email is sending spam, or is reaching your emails max sending limit on a daily bases for 7 days. We will only view your email enough to investigate. You will be notified after we have completed our investigation letting you know what we have decided.
- We also may investigate our logs which only show the sender’s email and time received if we suspect your email account is inactive, or we are checking that your email service is working correctly.
- We will only otherwise access your email with your permission.