1.) Account Setup / Email on file
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. 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. In dedicated server purchases or high risk
transactions, it will be necessary to provide government issued
identification and possibly a scan of the credit card used for the
purchase. If you fail to meet these requirements, the order may be
considered fraudulent in nature and be denied.
Transfers
Our
transfers team will make every effort to help you move your site to
us, however, we can not make guarantees of the transfer process. We
provide this as a courtesy service and can not make guarantees
regarding its availability or the amount of time it may take as each
host is configured a little differently. We will try our best,
however, in some cases we may be unable to assist you in a transfer
of data from an old host.
2.) Content
All services provided by SetupMyPage.com may
only be used for lawful purposes. The laws of the State of Florida,
the State of Texas, and the United States of America apply.
The customer agrees to indemnify and hold harmless SetupMyPage.com
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. If you
believe that your copyright or trademark is being infringed upon,
please email
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with the information required. A list of required information may be
found here. If the
request is of a licensing issue, we may require further
documentation.
Examples of unacceptable material on all Shared and Reseller
servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software /
Warez, image, filedump, mirror, or banner-ad services (similar to
rapidshare, photobucket, or commercial banner ad rotation), topsites,
commercial audio streaming (more than one or two streams), Escrow,
High-Yield Interest Programs (HYIP) or related sites, Investment
sites (FOREX, egold exchange), sale of any controlled substance
without prior proof of appropriate permit(s), AutoSurf sites, Bank
Debentures, Bank Debenture Trading Programs, Prime Banks Programs,
lottery sites, muds / rpg's, hate sites, hacker focused
sites/archives/programs, or sites promoting illegal activities, IP
Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums
and or websites that distribute or link to warez content are
prohibited.
Examples of unacceptable material on Dedicated servers
include:
Pirated Software / Warez, Escrow, High-Yield Interest
Programs (HYIP) or related sites, Investment sites (FOREX, egold
exchange), sale of any controlled substance without prior proof
of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank
Debenture Trading Programs, Prime Banks Programs, lottery sites, hate
sites, hacker focused sites/archives/programs, or sites promoting
illegal activities, IP Scanners, Brute Force Programs, Mail Bombers
and Spam Scripts. Forums and or websites that distribute or link to
warez content are prohibited.
We reserve the right to refuse service to anyone. Any material
that, in our judgment, is obscene or threatening is prohibited and
will be removed from our servers 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 troubleticket/email and will have a
response within 48 hours.
If in doubt regarding the
acceptability of your site or service, please contact us at
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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.
Resellers: we will suspend the site in question and
will notify you so you may terminate the account. We will further
monitor your activity; more than one infraction of this type may
result in the immediate termination of your account.
Direct
customers: Your services will be terminated with or 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 username 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.
Click
Here to generate passwords.
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 opt-in" will be
treated as spam. Any user who sends out spam will have their account
terminated with or without notice.
Please read
http://setupmypage.com/Agreements/Mailing-Policy-and-Limits.html
for our generalized mail policy.
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.
SetupMyPage.com 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.
SetupMyPage.com reserves 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 entirely at the discretion of SetupMyPage.com.
4.) Payment Information
You agree to supply appropriate
payment for the services received from SetupMyPage.com, in advance of
the time period during which such services are provided. You agree
that until and unless you notify SetupMyPage.com 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
the cancellation
form provided. Once we receive your cancellation and have
confirmed all necessary information with you via e-mail, we will
inform you that your account has been canceled. At this time, your
account with us has been canceled. If you do not hear back from us or
receive an e-mail confirming this cancellation, please contact us
immediately.
As a client of SetupMyPage.com, it is your
responsibility to ensure that your payment information is up to date,
and that all invoices are paid on time. SetupMyPage.com provides a 10
day grace period from the time the invoice is due and when it must be
paid. Any invoice that is overdue for 10 days and not paid will
result in a $10 late fee and/or an account suspension until account
balance has been paid in full.
Invoices that have been paid
more than once with multiple Paypal Subscriptions can only be added
as credit towards the account and cannot be refunded via Paypal. If
you require assistance with this provision, please contact
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SetupMyPage.com reserves the right to change the monthly payment
amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at
your sole risk. SetupMyPage.com 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 SetupMyPage.com servers.
6.) Cancellations and Refunds
SetupMyPage.com 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 cancellation
form. SetupMyPage.com gives you an unconditional 45 day money
back guarantee on managed shared hosting, and reseller solutions for
any customer who paid the first invoice with a credit card or with
Paypal.
The following methods of payments are non-refundable,
and refunds will be posted as credit to the hosting account:
-
Bank Wire Transfers
-
Western Union Payments
-
Checks
-
Money orders
There are no refunds on dedicated servers, administrative
fees, install fees for custom software, or domain name purchases.
Refund requests after the intitial 45 days will be refunded on a
prorated basis of any unused time.
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.
Violations of the Terms of Service will waive the refund
policy.
7a.) Resource Usage
User may not:
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 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. Please note that you may link to torrents off server, but
may not host or store them.
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")
7b.) INODES
The use of more than 50,000 inodes on any
shared account may potentially result in suspension. Accounts found
to be exceeding the 50,000 inode limit will automatically be removed
from our backup system to avoid overusage. Every file on your account
uses up 1 inode.
Simply exceeding the limit does not
constitute grounds for suspension however accounts that constantly
create and delete large numbers of files on a regular basis or
causing file system damage may cause your account to be flagged for
review.
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.
9a.) Money back Guarantee
On dedicated servers and
colocation no full refund will be honored -- the 45 day money back
guarantee does not apply. We reserve the right to refund a prorated
amount or no refund at all.
Each of SetupMyPage.com's managed shared and reseller servers
carry a 45 day unconditional money back guarantee on them. If you are
not completely satisfied with our services within the first 45 days
of your service, you will be given a full refund of the contract
amount. Remember, this is only for monthly shared or reseller
packages and does not apply to dedicated servers, administrative
fees, install fees for custom software, or domain name purchases.
9b.) Uptime Guarantee
If your shared / reseller server
has a physical downtime that is not within the 99.9% uptime you may
receive one month of credit on your account. Approval of the credit
is at the discretion of SetupMyPage.com dependant upon justification
provided. Third party monitoring service reports may not be used for
justification due to a variety of factors including the monitor's
network capacity/transit availability. The uptime of the server is
defined as the reported uptime from the operating system and the
Apache Web Server which may differ from the uptime reported by other
individual services. To request a credit, please contact
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with justification. All requests must be made
in writing via email. Uptime guarantees only apply to shared /
reseller solutions. Dedicated servers are covered by a network
guarantee in which the credit is prorated for the amount of time the
server is down which is not related to our uptime guarantee.
10.) Reseller: Client Responsibility
Resellers are
responsible for supporting their clients. SetupMyPage.com does not
provide support to our Reseller's Clients. If a reseller's client
contacts us, we reserve the right to place the client account on hold
until the reseller can assume their responsibility for their client.
All support requests must be made by the reseller on their clients'
behalf for security purposes. Resellers are also responsible for all
content stored or transmitted under their reseller account and the
actions of their clients'. SetupMyPage.com will hold any reseller
responsible for any of their clients actions that violate the law or
the terms of service.
11.) Shared (non-reseller accounts) / Semidedicated
Servers
Shared accounts may not resell web hosting to other
people, if you wish to resell hosting you must use a reseller
account. Semidedicated servers are not backed up. You must maintain
your own backups.
12.) Dedicated Servers
SetupMyPage.com reserves the
right to reset the password on a dedicated server if the password on
file is not current so that we may do security audits as required by
our datacenter. It is the responsibility of the client to ensure that
there is a valid email address and current root password on file for
their dedicated server on file to prevent downtime from forced
password resets. SetupMyPage.com reserves the right to audit servers
as needed and to perform administrative actions at the request of our
datacenter. Dedicated servers are NOT backed up by us and it is the
responsibility of the client to maintain backups or have a solution
for this. You may purchase an additional hard drive and maintain
backups to it as the most simple solution. Please contact
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if you wish to obtain a secondary hard drive.
It is your responsibility to maintain backups.
13.) 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 setupmypage.com, and the right to increase
the amount of resources given to plans at any time.
14a.) Indemnification
Customer agrees that it shall
defend, indemnify, save and hold SetupMyPage.com harmless from any
and all demands, liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against SetupMyPage.com, 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
SetupMyPage.com against liabilities arising out of; (1) any injury to
person or property caused by any products sold or otherwise
distributed in connection with SetupMyPage.com; (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 SetupMyPage.com's
server.
14b.) Arbitration
By using any SetupMyPage.com services,
you agree to submit to binding arbitration. If any disputes or claims
arise against SetupMyPage.com or its subsidiaries, such disputes will
be handled by an arbitrator of SetupMyPage.com's choice. An
arbitrator from the American Arbitration Association or the National
Arbitration Forum will be selected in the state of Texas. Arbitrators
shall be attorneys or retired judges and shall be selected pursuant
to the applicable rules. All decisions rendered by the arbitrator
will be binding and final. The arbitrator's award is final and
binding on all parties. The Federal Arbitration Act, and not any
state arbitration law, governs all arbitration under this Arbitration
Clause. You are also responsible for any and all costs related to
such arbitration.
15.) Disclaimer
SetupMyPage.com shall not be
responsible for any damages your business may suffer. SetupMyPage.com
makes no warranties of any kind, expressed or implied for services we
provide. SetupMyPage.com 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 SetupMyPage.com and its employees.
16.) Disclosure to law enforcement
SetupMyPage.com 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.
17.) Changes to the TOS
SetupMyPage.com reserves the right to revise its policies at
any time without notice.
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