1.) Suspension
Violation of these terms of service could result in
suspension or removal of your account depending upon the circumstances.
Suspension means that your account is put into a limbo state and is
unreachable through any means. During suspension no files are lost or
altered. Accounts found to be running a script which is causing a very
high cpu load or mail script being used to send spam will almost always be
suspended without notice to prevent further damage. Poorly written scripts
must be removed in order for us to restore your service. Reports of spam
are taken very seriously usually resulting in immediate account suspension
and investigation without notice. We reserve the right to suspend any or
all accounts held by you without notice if we deem it necessary to do
so.
2.) Scope of
Service
Our servers and pricing has
been designed to be low cost and therefore, in that spirit we are simply
providing basic http, mail & ftp level hosting services. This also
means that applications or scripts set up by users to run on the server
which cause high cpu load may be asked to move to a dedicated server.
High CPU load is defined as using an average of more than 2% of the
server processor in a 24 hour period beginning and ending at midnight, as
determined by our server.
*For reference the average medium traffic
website uses about .5% of system resources.
Script support or other
"how-to" services are not provided. It is the responsibility of the user
to become learned in setting up and administering their account including
script installs, file permissions, uploading procedures, etc. All script
engines are checked many times per day to be sure that they work server
wide. Support will be strictly limited to making sure that running scripts
is possible by running our test script. Alluring Web Hosting staff or
other members may however be able to answer script or how-to related
questions posted to our forum for the benefit of all users.
3.)
Limitation of Liability
You expressly understand and agree that
Alluring Web Hosting shall not be liable for any direct, indirect,
incidental, special, consequential or exemplary damages, including but not
limited to, damages for loss of profits, goodwill, use, data or other
intangible losses (even if Alluring Web Hosting has been advised of the
possibility of such damages), resulting from: (i) the use or the inability
to use the service; (ii) the cost of procurement of substitute goods and
services resulting from any goods, data, information or services purchased
or obtained or messages received or transactions entered into through or
from the service; (iii) unauthorized access to or alteration of your
transmissions or data; (iv) statements or conduct of any third party on
the service; or (v) any other matter relating to the service.
You
expressly understand and agree that Alluring Web Hosting shall not be
liable for any direct, indirect, incidental, special, consequential or
exemplary damages, including but not limited to errors in automatic credit
card debits performed by our 3rd party billing services Paymate, PayPal,
or PaySystems.
The information and materials contained on this web site
have been compiled from a variety of sources and, as such, are subject to
change without notice. In no event will Alluring Web Hosting be liable
for any damages, whether direct, indirect, general, consequential,
incidental, exemplary or special, arising from the use of information
provided on this server or through links to any other
servers.
Communications to Alluring Web Hosting via this web site
shall in no way be deemed to constitute legal or official notice to
Alluring Web Hosting, its agencies, officers, employees, representatives
or agents with respect to any existing, pending or future claim or cause
of action against Alluring Web Hosting or any of its agencies, officers,
employees, representatives or agents where notice is required by Federal,
State or local law. Nor shall communications to Alluring Web Hosting via
this web site be deemed to constitute legal or official notice for any
other purpose.
4.) Content
All
services provided by Alluring Web Hosting may be used for lawful purposes
only. Transmission, storage, or presentation of any information, data
or
material in violation of any law is
prohibited. this includes, but is not limited to: copyrighted material,
material we judge to be threatening or obscene, or material protected
by
trade secrete and other statue. The subscriber agrees to indemnify and
hold harmless Alluring Web Hosting from any claims resulting from the
use
of the service which damages the subscriber or any other
party.
4.1) Pornography excluding merchandising are
prohibited on any Alluring Web Hosting server. This includes sites that
may infer sexual content, or link to adult content elsewhere. This is also
true for sites that promote any illegal activity or content that may be
damaging to Alluring Web Hosting servers or any other server on the
internet. Links to such materials are also prohibited. This policy is in
effect because of the excessive load this material puts on our servers
and
bandwidth, and the legal ramifications of such sites.
4.2) You agree to
not use the Service to:
a. upload, post, email, transmit or otherwise make
available any Content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable.
5.)
Examples of non-acceptable content or links
Pirated software
Hackers programs or archives
Warez Sites
Adult Pay or Free Sites
Illegal MP3s
Shoutcast
server
Any server or service not installed by us
Alluring Web
Hosting will be the sole arbiter as to what constitutes a violation of
this provision. Any websites found in violation of this policy will be
cancelled and any resulting monetary damages to us will multiplied by a
factor of two (2) and charged to the account holder.
6.) Chat Rooms
We do not allow clients to install their own CGI chat rooms.
These tend to be large system hogs and we cannot allow it as a account
option. We do have alternatives please contact us for details.
7.)
Background running programs
We
may allow programs to run continually in the background, these are
considered on a one to one basis and an extra charge will be incurred
based on system resources used and operational maintenance needed.
8.) IRC
We currently do not allow IRC or IRC bots to be
operated on our servers. Examples include but are not limited to:
- Any
IRC Bouncers such as, but not limited to, psyBNC,bitchX.
- IRC
Eggdrops.
- Proxy Servers
Any account found to be running IRC or IRC bots or proxy servers or
any service not installed by us will be suspended forever.
9.) SSL (Secure Socket Layer)
Secure access is available to customers by request. SSL is not set up by defaut.
We offer Shared SSL which your site will look similar to this:
Https://www.Alluringhosting.com/~MySite/Index.html
We suggest for any Ecommerce
Store to get Single Level SSL. This will enable visitors to view your
site at Https://mysite.com. Contact us at
sales@alluringhosting.com if
you would like to get Single Level SSL. There is an additional charge
for Single Level SSL.
10.) Discussion Forum Scripts
We have recently had issues with
popular websites and their associated discussion scripts. To protect
all users please use the following guidelines. You are encouraged
to use PHP
MySQL based discussion scripts whenever possible. Flat file discussion
scripts such as Ultimate Bulletin Board (UBB) are not allowed. Scripts
which are found to be using excess system resources will be asked
to move
to a dedicated server or be disabled. This is to protect all users on
our servers.
11.)
BANNED SCRIPTS
The following are scripts which
either cause a great load on our servers or pose a serious security risk,
therefore can not be run on our servers.
Any gaming server
software
UltimateBBS (all versions)
Ikonboard (all versions)
IRC Egg Drops
Proxy Servers
nph-proxy
bitchX
The
Anonymizer
any soap mailers
These scripts are on the banned list
because they have at one time been installed by customers and have had
a serious impact on the rest of our user accounts.
12.) Commercial Advertising - Email or Usenet
Spamming, or the sending
of unsolicited email, from a Alluring Web Hosting server or using an
email address that is maintained on a Alluring Web Hosting machine is
STRICTLY prohibited. Equally, any email or usenet spam which points to
any domain hosted on a Alluring Web Server will result in immediate
suspension of that domain name account and a full investigation. Any
form mail script running on your account is done at your own risk. Ignorance
of
the risks of such scripts is no defense. Alluring Web Hosting will be the
sole arbiter as to what constitutes a violation of this provision.
Reports of spam are given top priority if you have arrived at this
page in the course of a spam investigation and wish to report abuse send
all details and headers to
sales@alluringhosting.com as
soon as possible.
12.1) Bulk Email
Schemes
Safelists (safe lists) or mutually accepted email schemes
or the voluntary acceptance of bulk email put an extremely high load on
our servers. Using our servers to send or accept spam type or junk email
in mass quantities for pay (or free) is expressly forbidden.
12.2) Other
Mail
Outgoing mail from our servers is pre-set with a hard limit of
1000 per hour, this includes all outgoing SMTP and Mailing Lists. Maximum
POP3 mailbox checking is limited to once each 30 seconds per email
account.
13.) Server
abuse
Any attempts to undermine or cause harm
to a Alluring Web Hosting server or customer of Alluring Web Hosting is
strictly prohibited. No user is allowed to use more than 2% of the
server's resources. In the event there is a problem the account holder
will be notified. If the user continues to use more than 2% of the
server's resources the account will be suspended. *For reference that
average medium traffic site uses about .5%.
14.) Damages
If you violate these terms of service and it results in damage to our
servers or causes Alluring Web Hosting any additional expense or
legal fees you agree to compensate us in full for the amount of
monetary damages multiplied by a factor of two (2) as determined by
us.
15.) Liability
Alluring Web Hosting is in no way
responsible for down time either resulting from a users actions, or
natural fluctuations in internet consistency. Alluring Web Hosting will
however, do everything within it's power to assure that each and every
client site is up as consistently as possible.
15.1.) Website
Operability
Alluring Web Hosting constantly updates server
software and security settings based upon internal and external conditions
which can change without notice. For this reason it is usually not
feasible to announce some changes in advance, especially where server
security is involved. While most changes go completely unnoticed by our
customer occasionally a security or server change will break a website's
functionality. It is the responsibility of the website developer to create
his website to function within our server environment and we cannot
troubleshoot, edit, or attempt to fix any website which cannot run in our
server environment.
16.) Indemnity
You agree to indemnify
and hold Alluring Web Hosting, and its officers, agents or other
partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out
of your Content, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
17.) Billing
Alluring Web Hosting's billing period is typically every 30 days to 360 days depending
on the term you have chosen. Each account will be invoiced on or before the 25th
of each month. Payments are to be made by or before the 5th of each month. If
the payment isn't received, the customer will receive notification via email.
Response to this email is required within 24 hours. In the event there is no
response from the account holder the account will be suspended until payment
is received. The account will be reactivated within 24 hours of of being unsuspended,
upon receipt of payment plus a $10.00US account reactivation fee.
After the account has been suspended for 30 days it will be deleted.
18.) Refunds (30 day
guarantee):
We hope that you are fully satisfied with your hosting
from us, but in the event you are not, we offer a 30 day no questions
asked money back guarantee. Setup fees and bandwidth usage less than 1gb
are refundable within 30 days of ordering your account. refunds are not
made on accounts canceled due to violation of our terms of service.
19.) Refunds (past first 30
days):
While we will do
everything in our power to make your hosting experience with us as
satisfactory as possible, we can in no way please everyone or provide
perfect service all the time. Refunds past 30 days are subject to review
and partial months can not be refunded. We must reserve the right to use
our business discretion in refunds past 30 days but in most cases all full
months paid in advance will be refunded.
20.) Canceling
Service
To
cancel service submit an email to
sales@alluringhosting.com indicating
that you wish to cancel service. Please supply your account username and
password
for
verification purposes, or we will need to verify via email for your
protection. We will immediately stop billing on your account
and delete your account at the end of its current
billing cycle for the domain name or domain names affected.
21.) Reseller Hosting
21.) Reseller
Hosting
All resold plans (your customers) are subject to the same
terms and conditions of regular hosting plans, with the following
additional terms:
a.) Free Hosting Offering
Due to the
spamming and abuse reputation of "Free Hosting" schemes, adding hosting
accounts for third parties for no consideration or monetary price is
strictly prohibited. This also applies to giving away email accounts to
non trusted parties. For more information about what happens when spammers
hit our system read this.
b.) Instant Account Activation
Due
to the abuse risks involved in instant account activation. Instant account
activation scripts are strictly prohibited. Instant account activation
scripts are those which create an account automatically, or send login
information to the customer (end user) with no human intervention or
screening.
c.) Reasonable Care
You agree to exercise care in
screening new signups to help prevent abuse or hit and run spamming
operations from gaining access to our servers. You agree to provide all
contact information you have on file for any domain name hosted on our
servers upon request. Failure to provide adequate contact information may
be deemed as a violation of "reasonable care" and may put your main
account in serious jeopardy.
d.) CPanel Demo Accounts
Cpanel
demos are disabled, any attempt to allow non subscribers access to CPanel
puts our servers in serious jeopardy of becoming compromised. This is
cause for immediate suspension.
e.) Third Part Violation of
TOS
Hosted domains (your customers) found to be in violation of the
terms and conditions are subject to suspension or deletion without notice
depending upon the severity of the violation. Any suspended domain must be
brought into compliance before un suspending the account. Any domain
deemed by us to be in severe violation must be removed from the server and
may never be reinstated. Reinstating accounts banned forever by us will
put your main account in serious jeopardy.
f.) Restoring Banned
Websites
Important - If the reseller recreates a previously banned
domain that was under their control on our server all the domains under
their control will be suspended pending deletion. We also cannot under any
circumstances restore or help move these suspended domains
