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Terms
Of Service
1.) Account
Setup
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.
2.) Content
All services provided by
us may only be used for lawful purposes. This includes,
but not limited to: copyrighted material, material we
judge to be threatening or obscene, pornography.
Examples of unacceptable
material:
IRC Bots
Warez Sites
Pirated Software
Hate sites
Hack programs and
archives
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 optin" will be treated as spam. Any
user who sends out spam will have their account
terminated without notice.
We reserve the right to
require changes or disable as necessary any web site,
account, database, or other component that does not
comply with this policy, at its sole discretion. We also
reserves the right to make any such modifications in an
emergency at our sole discretion.
We reserve 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 left entirely to the discretion of
HostDesire.com. All rights reserved.
4.) Payment Information
You agree to supply
appropriate payment for the services received from us,
during which such services are provided. You agree that
until and unless you notify HostDesire.com of your
desire to cancel any or all services received, those
services will be billed on a recurring basis.
5.) Backups and Data Loss
Your use of the service
is at your sole risk. We are 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 our servers.
6.) Cancellation and
Refunds
We reserve the right to
cancel the account at any time.
Customers may cancel at
any time. We will give you a refund if you decide to
cancel and it is within 5 days of the start of your
billing period.
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.
7.) Resource Usage
Users may not initiate
the following:
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 any type of
interactive real-time chat applications that require
heavy server resources. Remotely-hosted services are
fully allowed.
c) Run stand-alone,
unattended server-side processes at any point in time on
the server. This includes any and all daemons, such as
IRCD.
d) Run any software that
interfaces with an IRC (Internet Relay Chat) network.
e) Run any gaming servers
such as counter-strike, half-life, battlefield1492, etc.
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.) 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 our
site, and the right to increase the amount of resources
given to plans at any time.
10.) Indemnification
Customer agrees that it
shall defend, indemnify, save and hold us harmless from
any and all demands, liabilities, losses, costs and
claims, including reasonable attorney's fees asserted
against us, 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 any liabilities arising out of; (1) any
injury to person or property caused by any products sold
or otherwise distributed in connection with us; (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 HostDesire.com's server.
11.) Disclaimer
We will not be
responsible for any damages your business may suffer. We
make no warranties of any kind, expressed or implied for
services we provide. We 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 us and our employees.
12.) Changes to the TOS
We reserve the right to
revise its policies at any time without notice.
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