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The use
of services from Conway-Marketing Hosting [hereafter referred to as
"CMH"] constitutes agreement to these terms.
Account Setup / Email on file
We will setup your hosting account after we have received payment and we
and/or our payment partner(s) have screened the order(s) in case 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.
Content
All services provided by CMH may only be used for lawful purposes. The
laws of the United Kingdom and the United States of America apply.
The customer agrees to indemnify and hold harmless CMG 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. Any account found to be in
violation of another’s copyright will be expeditiously removed, or
access to the material disabled. Any account found to be in repeated
violation of copyright laws will be suspended and/or terminated from our
hosting. If you believe that your copyright or trademark is being
infringed upon, please email
abuse@conwaymarketinghosting.com with the information required. If the
request is of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not permitted, with
the exception of one Cpanel backup of the same account. Please do not
take backups of your backups.
Examples of unacceptable material on our Shared servers
include:
•
Topsites
• IRC Scripts/Bots
• Proxy Scripts/Anonymizers
• Pirated Software/Warez
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• AutoSurf/PTC/PTS/PPC sites
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• Banner-Ad services (commercial banner ad rotation)
• File Dump/Mirror Scripts (similar to rapidshare)
• Commercial Audio Streaming (more than one or two streams)
• Escrow/Bank Debentures
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange,
Ponzi, MLM/Pyramid Scheme)
• Sale of any controlled substance without prior proof of appropriate
permit(s)
• Prime Banks Programs
• Lottery Sites
• MUDs/RPGs/PPBGs
• Hateful/Racist/Harassment oriented sites
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to
warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at
aa419.org & escrow-fraud.com)
• Mailer Pro
CMH
services, including all related equipment, networks and network devices
are provided only for authorized customer use. CMH systems may be
monitored for all lawful purposes, including ensuring that use is
authorized, for management of the system, to facilitate protection
against unauthorized access, and to verify security procedures,
survivability, and operational security. During monitoring, information
may be examined, recorded, copied and used for authorized purposes. Use
of CMH system(s) constitutes consent to monitoring for these purposes.
We
reserve the right to refuse service to anyone. Any material that, in our
judgment, is obscene, threatening, illegal, or violates our terms of
service in any manner may be removed from our servers (or otherwise
disabled), 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
support ticket/email and will have a response within 48 hours. If in
doubt regarding the acceptability of your site or service, please
contact us at
abuse@conwaymarketinghosting.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. 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 user name 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.
Zero Tolerance Spam Policy
CMH take
a zero tolerance stance against sending of unsolicited e-mail, bulk
emailing, and spam. "Safe lists" and purchased lists will be treated as
spam. Any user who sends out spam will have their account terminated
with or without notice.
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.
CMH 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.
CMH reserves the right to charge the holder of the account used to send
any unsolicited e-mail a clean up fee or any charges incurred for
blacklist removal. This cost of the clean up fee is entirely at the
discretion of CMH.
Payment Information
You agree to supply appropriate payment for the services received from
CMH, in advance of the time period during which such services are
provided. You agree that until and unless you notify CMH 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 support ticket. Once we
receive your cancellation and have confirmed all necessary information
with you via e-mail, we will inform you in writing (typically email)
that your account has been cancelled. Your cancellation confirmation
will contain a ticket/tracking number in the subject for your reference,
and for verification purposes. You should immediately receive an
automatic "Your request has been received..." email with a tracking
number. An employee will confirm your request (and process your
cancellation) shortly thereafter. If you do not hear back from us, or do
not receive the automatic confirmation email within a few minutes after
submitting your cancellation, please contact us immediately via phone.
We
require that cancellations of service are done through the online form
to (a) confirm your identity, (b) confirm in writing you are prepared
for all files/emails to be removed, and (c) document the request. This
process reduces the likelihood of mistakes, fraudulent/malicious
requests, and ensures you are aware that the files, emails, and account
may be removed immediately after a cancellation request is processed.
CMH reserves the right to change the monthly payment amount and any
other charges at anytime.
Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is
provided to you as a courtesy. CMH 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 CMH servers.
Cancellations and Refunds
CMH 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 support ticket.
Refund requests for
shared accounts after the initial 45 days will be refunded
on a prorated basis of any unused time.
Resource Usage
User may
not:
a) Use 25% or more of system resources for longer than 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. You may link to
legal torrents off-site, but may not host or store them on our shared
servers.
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")
INODES
The use of more than 250,000 inodes on any shared account may
potentially result in a warning first, and if no action is taken future
suspension. Accounts found to be exceeding the 50,000 inode limit will
automatically be removed from our backup system to avoid over-usage.
Every file (a webpage, image file, email, etc) on your account uses up 1
inode.
Sites that slightly exceed our inode limits are unlikely to be
suspended; however, accounts that constantly create and delete large
numbers of files on a regular basis, have hundreds of thousands of
files, or cause file system damage may be flagged for review and/or
suspension. The primary cause of excessive inodes seems to be due to
users leaving their catchall address enabled, but never checking their
primary account mailbox. Over time, tens of thousands of messages (or
more) build up, eventually pushing the account past our inode limit. To
disable your default mailbox, login to Cpanel and choose "Mail", then
"Default Address", "Set Default Address", and then type in: :fail: No
such user here.
Backup Limit
Any shared account using more than 20 gigs of disk space will be removed
from our off site weekly backup with the exception of Databases
continuing to be backed up. All data will continue to be mirrored to a
secondary drive which helps protect against data loss in the event of a
drive failure.
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.
Money Back Guarantee
CMH offers a
no quibble money back guarantee for the first 30 days of your hosting
subscription. If you would like
a refund submit a support ticket via your client area stating the reason
for your return and await a confirmation.
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 Conway-marketing Hosting,
and the right to increase the amount of resources given to plans at any
time.
Indemnification
Customer
agrees that it shall defend, indemnify, save and hold CMH harmless from
any and all demands, liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against CMH, 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 CMH against liabilities arising out
of; (1) any injury to person or property caused by any products sold or
otherwise distributed in connection with CMH; (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 CMH server.
Disclaimer
CMH shall not be responsible for any damages your business may suffer.
CMH makes no warranties of any kind, expressed or implied for services
we provide. CMH 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 CMH and its employees.
Disclosure to law enforcement
CMH 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.
Changes to the TOS
CMH reserves
the right to revise its policies at any time without prior notice.
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Service Commitment