Terms of Use The use of services from
TheCheapestWebhost.com, hereafter referred to as
"TheCheapestWebhost" constitutes agreement to these terms.
You may view our Privacy Policy here.
1.) Account Setup / Email on file
We will setup your account after we have received payment
and we and/or our payment partner(s) have screened the
order(s) incase of fraud. It is your responsibility to
provide us with an email address which is not @ the
domain(s) you are signing up under. If there is ever an
abuse issue or we need to contact you, the primary email
address on file will be used for this purpose. It is your
responsibility to ensure the email address on file is
current or up to date at all times. Providing false contact
information of any kind may result in the termination of
your account. In dedicated server purchases or high risk
transactions, it will be necessary to provide government
issued identification and possibly a scan of the credit card
used for the purchase. If you fail to meet these
requirements, the order may be considered fraudulent in
nature and will be denied.
2.) Content
All services provided by TheCheapestWebhost may only be used
for lawful purposes.
The customer agrees to indemnify and hold harmless
TheCheapestWebhost from any claims resulting from the use of
our services.
Use of our services to infringe upon any copyright or
trademark is prohibited. This includes but is not limited to
unauthorized copying of music, books, photographs, or any
other copyrighted work. The offer of sale of any counterfeit
merchandise of a trademark holder will result in the
immediate termination of your account. If you believe that
your copyright or trademark is being infringed upon, please
email abuse@TheCheapestWebhost.com with the information
required. A list of required information may be found here.
If the request is of a licensing issue, we may require
further documentation.
Examples of unacceptable material includes:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software /
Warez, image, filedump, or banner-ad services (similar to
rapidshare, photobucket, or commercial banner ad rotation),
topsites, commercial audio streaming (more than one or two
streams), locally hosted chat scripts, Escrow, High-Yield
Interest Programs(HYIP) or related sites, Investment sites
(FOREX, egold exchange), sale of any controlled substance
without prior proof of appropriate permit(s), AutoSurf
sites, Bank Debentures, Bank Debenture Trading Programs,
Prime Banks Programs, lottery sites, muds / rpg's, hate
sites, hacker focused sites/archives/programs, or sites
promoting illegal activities, IP Scanners, Brute Force
Programs, Mail Bombers and Spam Scripts.
Acceptable material on Dedicated Servers:
Proxy Scripts / Anonymizers, Image Hosting sites and muds /
rpg's
We reserve the right to refuse service to anyone. Any
material that, in our judgment, is obscene or threatening is
prohibited and will be removed from our servers with or
without notice.
Failure to respond to email from our abuse department within
48 hours may result in the suspension or termination of your
services. All abuse issues must be dealt with via
troubleticket/email and will have a response within 48
hours.
If in doubt regarding the acceptability of your site or
service, please contact us at admin@TheCheapestWebhost.com
and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including
but not limited to child pornography or content perceived to
be child pornography (Lolita):
Any site found to host child pornography or linking to child
pornography will be suspended immediately without notice.
Your services will be terminated with or without notice.
Violations will be reported to the appropriate law
enforcement agency.
It is your responsibility to ensure that scripts/programs
installed under your account are secure and permissions of
directories are set properly, regardless of installation
method. When at all possible, set permissions on most
directories to 755 or as restrictive as possible. Users are
ultimately responsible for all actions taken under their
account. This includes the compromise of credentials such as
username and password. It is required that you use a secure
password. If a weak password is used, your account may be
suspended until you agree to use a more secure password.
Audits may be done to prevent weak passwords from being
used. If an audit is performed, and your password is found
to be weak, we will notify you and allow time for you to
change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of
unsolicited e-mail, bulk emailing, and spam. "Safe lists"
and "double opt-in" will be treated as spam. Any user who
sends out spam will have their account terminated with or
without notice.
Please read
http://www.TheCheapestWebhost.com/mailpolicy.html for our
generalized mail policy.
Sites advertised via SPAM (Spamvertised) may not be hosted
on our servers. This provision includes, but is not limited
to SPAM sent via fax, email, instant messaging, or
usenet/newsgroups. No organization or entity listed in the
ROKSO may be hosted on our servers. Any account which
results in our IP space being blacklisted will be
immediately suspended and/or terminated.
TheCheapestWebhost reserves the right to require changes or
disable as necessary any web site, account, database, or
other component that does not comply with its established
policies, or to make any such modifications in an emergency
at its sole discretion.
TheCheapestWebhost reserves the right to charge the holder
of the account used to send any unsolicited e-mail a clean
up fee. This cost of the clean up fee is entirely at the
discretion of TheCheapestWebhost.
4.) Payment Information
You agree to supply appropriate payment for the services
received from TheCheapestWebhost, in advance of the time
period during which such services are provided. You agree
that until and unless you notify TheCheapestWebhost of your
desire to cancel any or all services received, those
services will be billed on a recurring basis.
Cancellations must be done in writing via the cancellation
form provided. Once we receive your cancellation and have
confirmed all necessary information with you via e-mail, we
will inform you that your account has been canceled. At this
time, your account with us has been canceled. If you do not
hear back from us or receive an e-mail confirming this
cancellation, please contact us immediately.
As a client of TheCheapestWebhost, it is your responsibility
to ensure that your payment information is up to date, and
that all invoices are paid on time. TheCheapestWebhost
provides a 10 day grace period from the time the invoice is
due and when it must be paid. Any invoice that is overdue
for 10 days and not paid will result in a $10 late fee
and/or an account suspension until account balance has been
paid in full.
Invoices that have been paid more than once with multiple
Paypal Subscriptions can only be added as credit towards the
account and cannot be refunded via Paypal. If you require
assistance with this provision, please contact
sales@TheCheapestWebhost.com
TheCheapestWebhost reserves the right to change the monthly
payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk.
TheCheapestWebhost is not responsible for files and/or 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
TheCheapestWebhost servers.
6.) Cancellations and Refunds
TheCheapestWebhost reserves the right to cancel the account
at any time with or without notice.
Any abuse of our staff in any medium or format will result
in the suspension or termination of your services.
Customers may cancel at any time via a cancellation form.
TheCheapestWebhost gives you an unconditional 45 day money
back guarantee on managed shared hosting, and reseller
solution's. There are no refunds on dedicated servers,
administrative fees, install fees for custom software, or
domain name purchases. Refund requests after the intitial 45
days will be refunded on a prorated basis of any unused
time.
Only first-time accounts are eligible for a refund. For
example, if you've had an account with us before, cancelled
and signed up again, you will not be eligible for a refund
or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund
policy.
7a.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90
seconds. There are numerous activities that could cause such
problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any
point in time on the server. This includes any and all
daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google
Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet
Relay Chat) network.
e) Run any bit torrent application, tracker, or client.
Please note that you may link to torrents off server, but
may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life,
battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file,
include the local file rather than the URL. Instead of
include("http://yourdomain.com/include.php") use
include("include.php")
7b.) INODES
The use of more than 50,000 inodes on any shared account may
potentially result in suspension. Accounts found to be
exceeding the 50,000 inode limit will automatically be
removed from our backup system to avoid overusage. Every
file on your account uses up 1 inode.
Simply exceeding the limit does not constitute grounds for
suspension however accounts that constantly create and
delete large numbers of files on a regular basis or causing
file system damage may cause your account to be flagged for
review.
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This
allowance varies depending on the hosting package you
purchase. Should your account pass the allocated amount we
reserve the right to suspend the account until the start of
the next allocation, suspend the account until more
bandwidth is purchased at an additional fee, suspend the
account until you upgrade to a higher level of package,
terminate the account and/or charge you an additional fee
for the overages. Unused transfer in one month cannot be
carried over to the next month.
9.) Uptime Guarantee
If your shared / reseller server has a physical downtime
that is not within the 99.9% uptime you may receive one
month of credit on your account. Approval of the credit is
at the discretion of TheCheapestWebhost dependant upon
justification provided. Third party monitoring service
reports may not be used for justification due to a variety
of factors including the monitor's network capacity/transit
availability. The uptime of the server is defined as the
reported uptime from the operating system of the server
which may differ from the uptime reported by individual
services. To request a credit, please contact
sales@TheCheapestWebhost.com with justification. All
requests must be made in writing via email. Uptime
guarantees only apply to shared / reseller solutions.
Dedicated servers are covered by a network guarantee in
which the credit is prorated for the amount of time the
server is down which is not related to our uptime guarantee.
10.) Price Change
The amount you pay for hosting will never increase from the
date of purchase. We reserve the right to change prices
listed on TheCheapestWebhost.com, and the right to increase
the amount of resources given to plans at any time.
11a.) Indemnification
Customer agrees that it shall defend, indemnify, save and
hold TheCheapestWebhost harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against TheCheapestWebhost, 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 TheCheapestWebhost against
liabilities arising out of; (1) any injury to person or
property caused by any products sold or otherwise
distributed in connection with TheCheapestWebhost; (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 TheCheapestWebhost's server.
12b.) Arbitration
By using any TheCheapestWebhost services, you agree to
binding arbitration. If any disputes or claims arise against
TheCheapestWebhost or its subsidiaries, such disputes will
be handled by an arbitrator of TheCheapestWebhost's choice.
All decisions rendered by that arbitrator will be binding
and final. You are also responsible for any and all costs
related to such arbitration.
13.) Disclaimer
TheCheapestWebhost shall not be responsible for any damages
your business may suffer. TheCheapestWebhost makes no
warranties of any kind, expressed or implied for services we
provide. TheCheapestWebhost 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 TheCheapestWebhost and its employees.
14.) Disclosure to law enforcement
TheCheapestWebhost may disclose any subscriber information
to law enforcement agencies without further consent or
notification to the subscriber upon lawful request from such
agencies.
We will cooperate fully with law enforcement agencies.
15.) Changes to the TOS
TheCheapestWebhost reserves the right to revise its policies
at any time without notice. |
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