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SERVICE
LEVEL
AGREEMENT FOR SHARED HOSTING ONLY for
dedicated "Value Line" servers, please visit this page.
Hosting and Designs
provides web hosting to a large client base. All accounts on
our servers are subject to these terms of conditions,
including but not limited to virtual hosting plans,
semi-dedicated and dedicated server plans.
We reserve the right to cancel
without notice any account that violates our terms of service,
with Hosting and Designs as the sole arbiter in deciding what
constitutes violation.
By proceeding to the order process, you acknowledge that you
have read, understand, and agree to fully abide by our terms
of service listed below.
All clients will be
notified of any changes to this SLA and be given 7 days to
make any alterations to their websites if need be.
1. Server Use
Your account is for
your use only, and as the primary user, you agree to take
responsibility for all usage of the account.
All services
provided by Hosting and Designs may be used for lawful
purposes only. Any violations of laws that apply to Hosting and Designs,
or any jurisdiction that applies to you or your site is
strictly prohibited. This includes but is not limited to
copyrighted material, intellectual property and threatening
material. Sites that promote illegal activity or present
content that is damaging to Hosting and Designs are also
strictly prohibited.
Illegal activity
such as hacking and cracking that originates from your account
is also strictly prohibited.
2. Adult Content & Spamming
We operate a zero
tolerance policy on both adult content and spamming (the
sending of mass unsolicited emails).
Any adult
orientated material, including but not limited to explicit
pictures, pornographic or indecent pictures found in any
account will result in instant termination without notice.
Any unsolicited
email transmitted over Hosting and Designs' network, is
strictly prohibited and will result in instant termination
without notice. This includes but is not limited to virtual
accounts, semi-dedicated and dedicated server accounts.
FormMail scripts
prior to Matt Wright’s FormMail script version 1.9 or later
are banned as security holes in the script can result in them
being used as spamming tools.
3. High Resource Usage Policy / Script
Usage
Resources are
defined as CPU usage, memory usage and available system
resources. When an account is found to be manipulating
resources, we may implement the following policy:
When an account is
found to be manipulating resources, Hosting and Designs
reserves the right to suspend, terminate, or make appropriate
changes to the account to prevent the account from continually
manipulating resources.
This policy is only
used in extreme cases to prevent misuse and is in
effect to keep our servers fast and stable at all times for
all our users.
The following
scripts and programs are banned from our servers due to
resource manipulation / server misuse:
- Flat file CGI based forums / message boards such as UBB,
iKonboard and UlimateBB
- IRC (Internet Relay Chat) scripts or bots
- Eggdrops
- Proxy Servers
- The Anonymizer
- Formmail scripts earlier than Matt Wright’s v1.92 script
- Spamming / hacking / cracking scripts
4. 99.5% uptime guarantee
Hosting and Designs
guarantees a 99.5% uptime guarantee and not less. We monitor
all servers and connections 24/7 to ensure the highest
plausible uptime guarantee in the industry. If a client
reports to us (with proof), that his/her account has received
less than 99.5% server uptime, the client will receive a 50%
refund for the month the downtime was reported, no questions
asked. This can only be reported to us on a monthly
basis.
5. Payment Policies
All accounts are
set-up on a pre-pay basis. Hosting and Designs reserves the
right to change the prices of any of its services at any time.
Payment is due every 30 days from the
date on which the account will be established, or every 365
days if the account is paid for yearly. Clients will be
automatically charged UNLESS a cancellation request has been
sent to contact@hostinganddesigns.com, and Hosting and Designs
have confirmed your request. Cancellation requests must be
sent in 5 days before your next billing date.
In situations where
the card number is declined, the card will be charged on the
following day for 7 days. If the card is declined in each of
these situations, the account for which payment is overdue
will be suspended, and the user contacted to make alternative
payment arrangements. If payment is not made within 14 days of
the card failing, we reserve the right to terminate the
account.
Clients agree that they
are liable to extra charges that their accounts incur,
including but not limited to extra bandwidth usage and extra
diskspace usage.
Cancellation
requests logged within 45 days of the account being set-up
will have their full monies refunded.
6. Cancellation and Refunds
Hosting and Designs
reserves the right to terminate a client’s account at
anytime without prior notification if the account is in breach
of the listed terms and conditions. No refund is given in such
a situation.
A client can choose
to cancel their account at any time. If within the first 45 days following the initial order, a full refund will be
issued. This is referred to as our 45 day money back
guarantee.
Cancellations out
of the 45 day period will not receive a refund. Please allow 5
business days for a refund to be processed; please put in
cancellation requests at least 5 days prior to your next
billing date.
7. Indemnification
Client
agrees to use all Hosting and Designs services and facilities
at their own risk and agree to defend, indemnify, save and
hold Hosting and Designs harmless from any and all demands,
liabilities, losses, costs and claims including but not
limited to attorney’s fees asserted against Hosting and Designs,
it’s agents, officers and employees, that may arise directly
or indirectly from any service provided by ourselves.
You agree that this indemnification
extends to all aspects of your account, including but not
limited to site content and domain name selection.
You agree that you take ALL legal responsibility for account
use and that you supply current and truthful details when
signing up.
SERVICE
LEVEL
AGREEMENT FOR SHARED HOSTING ONLY for
dedicated "Value Line" servers, please visit this page.
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