4yourwebsite.com Hosting Terms and Conditions of Service
See Also: DOMAIN REGISTRATION Terms and Conditions
These terms and conditions form the basis of your hosting contract with 4yourwebsite.com so please read them carefully.
Who this affects
If you order services from 4yourwebsite.com or any of its brands you are bound by these terms and conditions.
How to agree to these terms and conditions
When you submit an order, you agree to these terms. During the ordering process you are asked to read and agree to these terms and conditions. By submitting your order to 4yourwebsite.com or its associated brands, you signify your agreement to them. If you do not agree to these terms, then do not submit an order.
Why we need terms and conditions
4yourwebsite.com provides services to many customers. We have a responsibility to protect our services from the adverse effects of other people’s activities. We also have a responsibility to ensure that our customer’s websites and email services are available for them to use. This means that we need to limit customer’s activities to those which are compatible with running a reliable and safe service.
The following terms and conditions were designed to ensure these obligations are met.
Arbitration
4yourwebsite.com will be the sole arbiter as to what constitutes a violation of the provisions described in this document.
Length of contract
If you pay quarterly, then your contract runs for 3 months from the date you first ordered. If you pay annually, then your contract runs for 12 months from the date you first ordered. Your contract is renewed for another term when you make your next payment. Details of how to cancel the contract can be found below.
Server abuse
Any attempt to undermine or cause harm to a server, or customer, of 4yourwebsite.com is strictly prohibited. Offenders will be prosecuted to the fullest extent of the law.
The content of your website
All services provided by 4yourwebsite.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States, United Kingdom, or any International laws is prohibited. The following list is not exhaustive, but it will indicate the sort of material you are not permitted to host:
- copyright material.
- MP3 files containing copyright music, unless you created the music yourself and own the copyright.
- material we judge to be threatening or obscene.
- material protected by trade secret and other statute.
- pornography and sex-related merchandising, including sites that links to such content.
- pirated software, also known as warez.
- hacker programs or archives, including sites that links to such content.
- hate propaganda.
- products designed to defraud others, e.g. satellite hacking equipment.
- promotion of illegal activities.
- content that may be damaging to our servers or any other server on the internet.
- Websites promoted by spam or involved in spamming or selling spam-related software or bulk email lists.
- IRC or IRC bots.
If you are unsure whether or not your site falls into these categories feel free to contact us with a description before you sign up for an account or publish material as an existing customer.
The content of your emails
Spam is “Unsolicited junk e-mail sent to large numbers of people to promote products or services”.
We have a zero tolerance policy towards spam and we monitor our mail servers to ensure they are not being used for spamming. If we allowed customers to spam then our mail servers would be blacklisted and none of our customers would be able to send and receive mail reliably. It is in all of our customer’s interests that we do all that we can to stop spam.
We do not permit:
• The sending of spam through our servers.
• Sending out spam through another provider’s mail server which includes links to web pages or email addresses hosted on our servers.
• Websites promoted by spam or involved in spamming or selling spam related software or bulk email lists.”
As delegated by our upstream providers, any sites using spam or selling of spam related software or bulk email content will be closed. If you send spam, we will see you doing it, your account will be terminated and you will not get a refund. If you run a mailing list all the people you mail to must have opted in to the list. The list must not have been obtained from a third party. Your list server must use a system where an email is sent to the user when they sign up and they have to reply or click on a link to confirm their email address. This is known as “double opt in”. You must honor all unsubscribe requests within 24 hours. If we receive a spam complaint about your account we will:
• Suspend your account to prevent any further violations.
• Contact you to ensure you will not do it again.
• Either reactivate the account or terminate it.”
Protecting server resources
Each server has a limited amount of processing power and memory. We have found most our customers to stay within “reasonable limits”, but sometimes people do cause problems for other users by using too many resources.
You may not:
- Provide hosting for third parties (unless you specifically set up a Reseller Hosting Account).
- Link to cgi scripts running on your account from other domains (e.g. banner exchanges).
- Use more than 10% of system resources on the server.
- We do not allow clients to install their own cgi or php chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. However, we provide approved chat systems with some hosting accounts which you may use free of charge.
- Bulletin boards are permitted, provided they stay within the 10% server usage limit explained above.
- We allow you (subject to a suitable hosting plan) to run programs to run continually in the background (cron jobs). However, these must not overload the server or affect other user’s sites.
If you go over any of the limits described above we will suspend your account and contact you to resolve the situation. We may offer dedicated server hosting for an additional charge. If you do not move to a dedicated server or reduce your system usage we will terminate your account to protect our other customers.
Telnet / SSH / shell access
4yourwebsite.com provides limited SSH (secure telnet) access on very few accounts only on request and with approval prior to sign-up. SSH access is provided only for the purpose of testing scripts and carrying out site maintenance. It is not provided for any other purpose and there is no warranty of any kind should SSH fail to function for off server connections or activities. We reserve the right to withdraw SSH access at any time without notification. Customers are not permitted to run CGI or PHP shell emulation programs.
Bandwidth usage
Each hosting plan we provide has a set amount of bandwidth available per month. We monitor this usage and if your site goes over the limit it will be suspended until the second day of the next month. If you do not wish to wait until the next month you can upgrade your hosting plan to one with more bandwidth. If you are concerned about going over your limit you should check your bandwidth usage in the control panel in the middle of the month and contact us if you think you will go over.
30 day money back guarantee
Some of our hosting plans are supplied with a 30 day money back guarantee. The full wording of the guarantee (where applicable) is given below:
| We are so confident you will be happy with our web hosting services that we offer a 30 day, no quibble money back guarantee. |
| If you are unhappy with any aspect of our service, and we are unable to put things right to your satisfaction, we will refund all web hosting charges paid by you (less 20% to cover credit card commission, setup and associated charges). To claim on this guarantee you must notify us of your wish to cancel an account within the first 30 days following activation and request a refund. There are only four conditions:
|
99.9% uptime guarantee
If your website down time exceeds this level in any calendar month, we will offer a 5% credit to your account for every hour the site is down (up to a maximum of 100%). In order to receive credit for your down time, you must notify us within 30 days of the occurrence. Conditions:
- 4yourwebsite.com will issue a refund to the customer’s account in the event of a Service Outage due to the failure of one of the following pieces of equipment owned and operated by 4yourwebsite.com or one of its suppliers; the ATM Network, the LAN or a web hosting server. For purposes of this guarantee, Service Outages shall be defined as 10 consecutive minutes of website (HTTP) inaccessibility as measured by our independent monitoring services.
- 4yourwebsite.com will not be held responsible for Service Outages resulting from equipment not owned or operated by 4yourwebsite.com or its suppliers. This includes, but is not limited to, Internet NAP failures or congestion (Problems with one specific dial up ISP etc.) and non 4yourwebsite.com backbone failures. Additionally, 4yourwebsite.com will not be held responsible for delays in the registration or transfer of a domain due to registry related issues, for outages resulting from malfunctioning customer scripts or applications that are installed by the customer, nor for unusual traffic spikes or “denial of service” attacks on customer websites.
- Refunds will be issued upon request by the customer and upon determination that a Service Outage, as defined by this guarantee, has occurred. Refund requests must be made within thirty (30) days of the time period during which the Service Outage took place. Regardless of the number of outages, all refunds are limited to a maximum of one month’s hosting service fees and do not include excess usage fees, setup fees or other non-standard recurring charges. Additionally, Service Outages will not include downtime due to Acts of God, nor for outside security breaches. Finally, 4yourwebsite.com will not be held liable for Service Outage damages resulting in the loss of prospective profits or anticipated sales or as a result of expenditures, investments, or commitments in connection with the business.Please note that this is not an insurance scheme. We do not cover problems relating to the company that provides your internet connection and we do not cover you for attacks by hackers, denial of service attacks or other criminal activities. It is in your own interests to consider business continuity insurance if you rely on your website for commercial purposes.
IP Addresses and DNS delegation
Your IP address is stored in our DNS servers. Customers are not permitted to link to their site or address via an IP address based link. This is for your own safety as it prevents links becoming out dated if we change your IP address. All customers must change their domain name DNS servers to those specified on their welcome email. We do not permit customers to use external DNS management tools because of the likelihood of failure if we change an IP address. If you decide to use an external DNS service then you agree to absolve 4yourwebsite.com of all liability should your site fail due to DNS errors or an IP address change at a later date. All IP addresses remain the property of 4yourwebsite.com or its upstream providers and are provided according to ARIN and RIPE rules and only when required for technical reasons.
DNS modifications
We do not provide DNS management services. If you require changes to DNS records (A, MX etc) we will do our best to carry them out but we cannot provide a warranty that the changes will continue to work in the future. We do give you access to the MX record(s) through our control panel. If you change the MX record we are not responsible for any associated problems.
Billing
Quarterly Billing: We send out hosting invoices 30 days in advance of their due date. If PayPal recurring billing was chosen then your credit card is billed automatically, quarterly on the day of the month that account was ordered. So if a customer orders hosting on the 15th of the month they would be billed on the 15th every third month. We believe this is sufficient advance notification of payment due. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that a card is declined for any reason we will send an e-mail with instructions for submitting a new credit card. If new card details are not supplied within 48 hours we will suspend the account. If new card details are still not received within 14 days we will delete the account. If your website is important, you are strongly recommended to pay annually (for which you will receive a discount).
Annual Billing: If you pay annually we may not be able to bill your credit card automatically. If your subscription payment fails, we will send a renewal notice to the email address you provided us with when you signed up. However, because many customers do not tell us when they change email addresses, and because many ISP’s spam filters remove emails which mention web hosting services, we cannot guarantee delivery of these emails. We recommend that you make a note in your diary one year from the date you ordered the hosting originally. If we do not receive the renewal payment by the due date then we will suspend the account. If payment is still not received within 30 days we will assume the account is no longer required and delete it.
Refunds
Regular Hosting Clients: Should you become unsatisfied with our services within the first 30 days of your account activation, 4yourwebsite.com will refund your hosting fee subject to the money back guarantee terms listed above.
Dedicated servers: The 30 day money back guarantee does not apply to dedicated servers because of the time and cost involved in setting up the servers.
Cancellation Refunds: We DO NOT refund partial monthly, quarterly or annual hosting fees for accounts canceled after 30 days from the date of activation. For example, if you cancel an annual account after 6 months you will not get a refund of 6 months hosting fees.
Account Cancellations
By ordering services from us you agree to abide by these cancellation procedures. Before we cancel an account we need to make sure it really is the site owner requesting the cancellation.
To cancel an account, please call us at 828-280-3282, we will ask several questions to verify your identity only. We will not give you a hard time about canceling, but we will try to protect you from someone else being able to cancel your account.
Accounts will be closed the same day as the cancellation, we do not schedule closures for the end of the current month’s hosting. Accounts are only considered canceled once we have confirmed by e-mail that we have canceled it for you. If you have not received confirmation from us it means your account is still open and you will still be billed for all services provided until we have given such confirmation.
4yourwebsite.com will not be held liable for the non-arrival of your request to cancel an account. It is your responsibility to ensure that you have received confirmation of the account closure from us.
When an account is canceled, all of its files are deleted and are not recoverable. We strongly suggest that you make a backup of all files, databases and email setup BEFORE you cancel.
Data integrity and backups
We will endeavor to keep backups of your data in order to restore the server if we have a disk failure. However, we provide no guarantee that we will be able to do so. It is in your own best interest to keep a copy of your website backed up on your own computer. You can do this by simply uploading changes from a copy you hold or by using the backup tool provided with most of our web hosting accounts.
If you have an accident with your site we will do our best to help, but we may not be able to restore your files for you. It is impossible to have too many backups. Keeping a local copy at your location (and offsite) is the best way to protect your data.
If you are a dedicated server customer then we do not keep any backups of your files. If you have paid us for a backup drive then you have the hardware and software necessary for making backups, but it is your responsibility to make sure you have it turned on. Again, we can make no guarantees about he integrity of backups. They are YOUR responsibility.
Passwords
We will provide you with a username and password for accessing your account. This will be sent to the email address you entered into our order form. If you lose your password we can resend it to the same email address. If your email address has changed you will need to supply proof of your identity before we will provide the password. The reason for this is that a large percentage of password requests we receive are from people trying to gain unauthorized access to customer’s accounts. It is in your interests that we verify your identity before issuing a password.
Correspondence
In the event of written notification of any kind being sent by 4yourwebsite.com to a customer, any such communication sent by normal post shall be considered received by the customer seven days after it was posted to the address that is on file. It is the customer’s responsibility to be sure that we have current contact information.
Threats & Blackmail
We take threats, blackmail and derogatory statements very seriously.
Making threats will result in your account being canceled without notice.
Domain name registration
Where a domain name has been registered as part of the service provided by 4yourwebsite.com, the customer is bound by additional terms and conditions which were displayed during the domain registration process. Some of these are enforced by the different domain name registries and you should be aware that you may have a contract with them as well as with us. We register all domains with the customer as registrant.
4yourwebsite.com may be listed as technical, admin (and sometimes billing) contact for some domain names but normally we enter the customers details into all of these fields as well. These contact details can be changed for domains registered through or by us by letting us know of the changes needed.
Domain name registration fees are not refundable because the registries will not refund us. It is the customer’s responsibility to ensure that all names are spelled correctly prior to ordering domain names.
Change of domain names
Domain names cannot be changed once they are registered. This is because the domain registries will not refund us once a domain name is registered. We can change the domain name associated with your hosting account but you will need to register the new domain name first. Changing the domain name may require your account to be deleted and it may cause disruption to your website. The old domain name will stop working. We reserve the right not to allow domain changes.
Limits of support
4yourwebsite.com provides support with server side problems only. These include, non-functioning of facilities provided with your hosting account and any faults which exist on the server that your site is hosted on. Any other support services will be provided only at additional cost.
Unless you contract with us for design services, you are responsible for designing and maintaining your own website. We will not provide advice or support for any programming or web design issues like frontpage, cgi, php, mysql, etc. unless you are paying us for design services. Support for your web design software should be provided by the company that supplied the software.
Refusal of Service
4yourwebsite.com reserves the right to refuse, cancel, or suspend services at our sole discretion.
Subdomains
If you have a website without a domain name of your own which has a subdomain based on a domain name we own, you have no rights to transfer that domain name to another provider. 4yourwebsite.com reserves the right to transfer any subdomain in domains of its possession to an alternative domain.
Indemnification
By ordering services from us you agree to indemnify and hold harmless 4yourwebsite.com from any claims resulting from the use of the service which damages the subscriber or any other party.
Limitation of liability
Your use of 4yourwebsite.com’s services are at your sole risk. All 4yourwebsite.com services are provided on an “AS IS” basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS,IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING,WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.
4yourwebsite.com makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the 4yourwebsite.com service.
IN NO EVENT WILL 4YOURWEBSITE.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE 4YOURWEBSITE.COM’s SERVICES OR ANY CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
The formation, construction and interpretation of this agreement shall be controlled by the laws of Tennessee, USA.
Legal jurisdiction
These terms and conditions are governed by the laws of Tennessee and/or North Carolina, USA. Some of our upstream providers are also governed by other state and/or international law and by ordering services from 4yourwebsite.com you submit to the jurisdiction of these other state or international courts in addition to Tennessee and/or North Carolina courts.
Legal disputes
If you intimate that you are entering into legal action against us we will suspend your account until the legal dispute has been resolved.
Explanation of the above
We will do our best to keep the service running reliably but we will not be held responsible for any losses that you incur through your use of it. If you are in business you should ensure you have adequate business insurance and we recommend you contact an insurance broker.
Changes to these terms and conditions
4yourwebsite.com reserves the right to change or amend these Terms of Service at any time without prior notice.
Enforcement
Violations of these Terms of Service should be referred by email to abuse [at] 4yourwebsite.com. All complaints will be investigated promptly. Violations of these terms and conditions can be grounds for immediate account deactivation without refund.
Data protection
Some files held by 4yourwebsite.com may be covered by the US Data Protection Act.