cPanel Web Hosting Terms of Service
Thank you for taking the time to read our cPanel Web Hosting Terms of Service.The terms that follow exist to maintain the integrity of all services provided by FernGullyGraphics. By ordering an account from FernGullyGraphics, you understand are agreeing to each of the terms listed below.This Agreement, is made and entered by FernGullyGraphics, herein referred to as (“Provider”), and you, referred to in this document as (“User”).
A. Indemnification and Relationship of Parties
- 1. User agrees to indemnify and hold Provider harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to User’s website provided hereunder.
- 2. Nothing contained herein shall be deemed to create a relationship between the Provider and User in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that Provider has no interaction with the data or substance of User’s website, except as necessary to maintain the website.
- 3. User agrees to indemnify and hold Provider harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to Provider’s use of any domain name.
B. PAYMENT FOR SERVICE and PRICE CHANGES
- 1. User agrees to pay the charges agreed to during the initial signup request on or before the first day of the anniversary of account setup each month or year following execution of this agreement.
- 2. User agrees payment not received within 3 days of said renewal date shall be considered late and service may be suspended automatically.
- 3. User agrees payment not received within 30 days of said renewal date shall be considered in default and service shall be terminated automatically. If you wish to restore an cancelled account or receive a backup of a suspended account, there will be a $25.00 fee if there is a backup available.
- 4. User agrees that any and all unpaid balance due hereunder may result in a late fee of 5% of the total balance or $1.00 (which ever is greater), and the costs of collection, including court costs and reasonable attorney fees shall be added as principal amounts to such balance.
- 5. User agrees to pay a $30 processing fee for any returned checks, or chargebacks for whatever reason, and agrees they may be electronically reprocessed.
- 6.) FernGullyGraphics reserves the right to change prices listed on FernGullyGraphics.com, and the right to increase or reduce the amount of resources given to plans at any time.
- 7.) The amount you pay for hosting will never increase from the date of purchase without prior notice (usually 30 days before your next billing period.
C. TERM OF CONTRACT AND TERMINATION/CANCELLATION
- 1. This agreement shall have an initial term of one month from the date of execution hereof, unless otherwise specified by sign up request. Upon expiration of such term, this agreement shall automatically renew for successive equivalent periods, unless notice is given by either party of its intent to terminate the agreement, at least one week prior to the scheduled termination date. All terms and conditions of this agreement shall be in full force and effect during all original and renewal periods hereunder. If User does not notify Provider of cancellation request at least 7 days in advance of date of execution, the User will be responsible for the payment due for the next equivalent period.
D. REFUND POLICY
- 1. User understands that in order to receive a 100% refund on web hosting services provided by FernGullyGraphics. User must cancel their web hosting account within 7 Days for Virtual Private Servers and 30 days for shared web hosting accounts being opened. No refunds will be issued on web hosting services after the 7 and 30 day money back guarantee period (no pro-rated refunds, no exceptions). User must also be in good standing and in violation of our terms of service. If FernGullyGraphics registered a domain name on your behalf, all transactions are final (the same applies for Rapid SSL Certificates issued by FernGullyGraphics on your behalf), however the domain name and SSL are yours to keep for the duration they were registered for. Payments for Dedicated IP Addresses are non-refundable, along with payments for any licences (Softaculous, cPanel..ect).
- 2. User understands there are no refunds for domain name registrations or set-up fees. However domain names will be registered in your name and are yours to keep for the duration they were registered.
E. REFUSAL OF SERVICE
- FernGullyGraphics reserves the right to refuse or cancel service at its sole discretion. Failure to follow any terms or conditions established by FernGullyGraphics may result in immediate termination and forfeiture of any refund agreements. This includes, but is not limited to abuse of FernGullyGraphics staff (foul or derogitory comments) and or our network.
- 1. The Provider believes in freedom of speech. As long as the User’s content does not break any Federal, State, or local laws (within the United States) or causes harm to any specific race, creed or gender, it will be allowed to exist on the User’s website.
- 2. User is responsible for any content they place on their web site, or transfer by any other means using hardware and or bandwidth belonging to the Provider.
- 3. The Provider reserves the right to remove any page(s) at any time without notice.
- 4. User agrees not to host any unauthorized copyrighted material such as music, movies, photographs (anything that would be in violation of United States Copyright Laws).
- 5. User agrees not to use their account as a backup/storage device. The only exception is the one cPanel backup of the same account you are hosting with us (please do not take back-ups of your back-ups). See section F of this document for more details.
- 6. Examples of unacceptable material on users shared hosting account (not limited to the following), if you have any questions about acceptable content, contact us before signing up.
- -Pornographic Material (of any kind)
- – Sites that stream copyrighted material, either directly or via 3rd party websites (TV Shows, Movies..ect)
- – Lottery/Gambling Sites
- – File Dump/Mirror Scripts (similar to rapidshare)
- – Sites promoting illegal activities
- – Commercial Audio Streaming (more than one or two streams)
- – Mail Bombers/Spam Scripts
- – Forums and/or websites that distribute or link to warez/pirated/illegal content
- – 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
- – Banner-Ad services (commercial banner ad rotation)
- – 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
- – MUDs/RPGs/PBBGs
- – Hateful/Racist/Harassment oriented sites
- – Hacker focused sites/archives/programs
- – Bank Debentures/Bank Debenture Trading Programs
- – Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- – Mailer Pro
- Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
G. USE OF SERVICE
- 1. User agrees to maintain its site in a manner consistent with any and all applicable laws, regulations (within the United States), acceptable uses and standards in effect, or which become in effect, during the term hereof.
- 2. User agrees to practice common courtesy in its use of the site, and refrain from using any distribution lists for electronic mail or other techniques for unsolicited mass mailing.
- 3. User agrees to keep their contact email address with Provider current at all times, and agrees Provider has no liability for lost or undelivered email messages concerning the status or payment due for User’s account.
- 4. User agrees to comply with the wishes of the Provider in regards to practices that may hinder the ability of other FernGullyGraphics customers to use the Provider’s services.
- 5. User agrees no notices for account status or invoices will be sent via postal mail or telephone, unless initiated by Provider as required by law to collect payment.
- 6. User understands that the user’s account is not to be used to offer free services, such as email and hosting to the general public. While it is not mandatory for users to charge for their service, offering such services free of charge to the general public is not allowed.
- 7. Resource Usage, User may not:
- – Use 25% or more of system resources for longer then 90 seconds. Activities that could cause such problems include, but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
- – Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- – Run any type of web spider or indexer (including Google Cash / AdSpy) on shared hosting account.
- – Run any software that interfaces with an IRC (Internet Relay Chat) network.
- – Run any bit torrent application, tracker, or client.
- – Participate in any file-sharing/peer-to-peer activities
- – Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
- – Run cron entries with intervals of less than 15 minutes.
- – Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
H. BACKUPS AND DATA LOSS:
- 1. FernGullyGraphics will run a back-up service twice per week (stored offsite) on Wednesday and Saturday at midnight (pacific standard time), overwriting any previous back-up made. The back-up process is provided as a courtesy, therefore it is recommended users always keep their own back-ups accordingly. FernGullyGraphics is not responsible for files and/or data residing on your account. User agrees to take full responsibility regarding the maintenance of all appropriate backups and data stored on FernGullyGraphics servers. While FernGullyGraphics does maintain backups of your files and data, we accept no responsibility should backups be unavailable for any reason including but not limited to data corruption, hardware failure, or negligence. Any account/user larger than 5 gigabytes, will be excluded from our backup systems with or without notice, however all data will continue to be mirrored to a secondary drive (helping to protect your data incase of drive failures). All cPanel backup files, backup-*.tar.gz and cpmove-*.tar.gz, older than 120 hours (5 days) will be removed from the server automatically.
- 2. User Initiated Cpanel Back-Ups: Since the backup process which packages and compresses your account can be very resource intensive (all full cPanel backups should be performed during off-peak times as indicated below). Any backup process found to be running during peak hours will be disabled and possibly suspended. Running full cPanel back-ups for accounts larger than 5GB in size is strictly prohibited.
- Acceptable Time periods to run full cPanel back-ups (off-peak hours): Monday through Sunday 10pm-6am
- * If your account is bigger than 5GB in size you can still back-up your account by downloading MYSQL via PHPMyAdmin and downloading your core files via FTP.
- User agrees not to attempt to undermine or cause harm to any server or customer of Provider. Failure to comply with this rule will result in immediate termination of the user’s account.
J. Unsolicited Electronic Mail (SPAM)
- User is expressly prohibited from sending unsolicited bulk mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. We reserve the right to immediately deactivate your use of our service if we discover such activity. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement. Anyone using our services for spamming or anyone who is found to be advertising their site by spamming will be immediately subject to a $500 cleanup/network abuse fee.
K. SETTING UP YOUR ACCOUNT
- User understands that it may take up to 24 hours for any shared web hosting account to be activated or domain name to be registered. FernGullyGraphics will set-up your account or register your domain name once payment has been received/processed and once your account has been verified. If you do not receive your account information within 24 hours and have not received an email or phone call from FernGullyGraphics, please contact us immediately.
L. TRANSFERING YOUR WEBSITE
- User understand that the transfer of websites from the users old web hosting provider to FernGullyGraphics is provided as a courtesy. There is no guarantee FernGullyGraphics will be able to transfer all of your website files from your old web hosting account to your new web hosting account. Keep in mind, every web hosting company is different and sometimes web hosts configure they’re servers in a manner that makes it impossible for FernGullyGraphics to seamlessly transfer all data from your old web hosting account to your new web hosting account.
M. 99.9% Uptime Guarantee
- If user encounters physical downtime to their shared web hosting account that is not within the 99.9% uptime guarantee (for any given month), you may receive up to one month free credit to your shared web hosting account. Approval of any credit is credited at the discretion of FernGullyGraphics depending upon justification provided by the user. Reports from 3rd party monitoring services 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 by the reported uptime from the operating system of the server (which may differ from the uptime reported by individual services). To request a credit, please contact firstname.lastname@example.org with justification. All requests must be made in writing (via email or snail mail).
N. Acceptable IP Usage and Distribution (IPV4)
- FernGullyGraphics does not condone the use of Dedicated IP addresses for any purpose other than SSL as required by the SSL Protocol. Any site located on a Dedicated IP without an active SSL certificate can be moved to a shared IP address of our choosing (without warning).
- 1. FernGullyGraphics takes all reasonable precautions to insure any information user submits is protected and not distributed to any 3rd parties. At no point in time, will FernGullyGraphics use any information provided to FernGullyGraphics for any purpose other than to keep in contact with user, provide services purchased by user or to verify users identity. FernGullyGraphics will not disclose any personal information about user to third parties (without prior written consent).
- 2. FernGullyGraphics may disclose users information to law enforcement agencies without prior consent or notification to the user upon lawful request from law enforcement agencies (FernGullyGraphics will cooperate fully with law enforcement agencies).
P. Free Domain Offer’s
From time to time, FernGullyGraphics will provide Free Domain name offers for new/transferred .com, .net, .org, .info, .biz and .us registrations. Should the user receive such offers, user understands Free domain name is only free if domain name registered/transferred is the primary domain name hosted with FernGullyGraphics. Example, if you registered example.com as your free domain name, example.com must be the primary domain name listed on your FernGullyGraphics shared cPanel account. Unless otherwise stated, Free Domain name offers are only valid and included when user is paying our standard rates instead of discounted promotional rates (ex: if you are using a discount code).
To transfer the free domain name away from FernGullyGraphics (anytime during the first year), user understands there will be a $15.00 non-refundable charge to complete the transfer-out process (this fee is not applicable after the first year). User also understands that in order to transfer-out free domain name, any and all web hosting balances owed to FernGullyGraphics must be paid.
Q. Free WordPress Install’s
From time to time, FernGullyGraphics will include a free wordpress install (meaning we will install and set-up wordpress for you). Should user receive such offer, user understands after initial install, FernGullyGraphics is not responsible for any breaks/malfunctions to wordpress install (any further work on wordpress install after malfunction FernGullyGraphics does so at it’s discretion).
R. Free WordPress Security Install’s
From time to time, FernGullyGraphics will include the initial hardening (securing) of the users wordpress install. Should the user recieve such offer, user understand that FernGullyGraphics (unless stated in writing) is not responsible for further security updates beyond the initial hardening of the wordpress install.
S. Affiliate Commissions and Program
User will be paid referral fees for every client referred to FernGullyGraphics. The referral fees will vary depending on the product/service purchased and does not include certain products and services. Here is the current commission structure (which is based on percentages of the first month paid by the referral to FernGullyGraphics).
*Web Hosting: 50% of first payment made
*Web Design: 10% of project total (paid upon project completion)
*Logo Design: 10% of project total (paid upon project completion)
*All Print Products: 10% of first payment made
Affiliate commissions will be paid via PayPal or Check with a minimum required commission value of $100.00 before payment can be disbursed. There is a 60 day hold on all affiliate commissions to catch and prevent fraud. If the referred product was refunded, the membership cancelled, or money was reimbursed, FernGullyGraphics reserves the right to deduct the appropriate commissions from the affiliate’s account. FernGullyGraphics does not give a commission when an affiliate makes a FernGullyGraphics purchase and generates a commission for themselves. Affiliate accounts which have been suspended or terminated may, at our discretion, have some or all referrals invalidated and the account balanced adjusted accordingly. Please note the Commission Rate is subject to change from time to time (for which you will recieve an email 30 days prior to the changes taking effect.
**Your affiliate application and status in the affiliate program may be suspended or terminated for any of the following reasons: Inappropriate advertisements (False claims, misleading hyperlinks), Spamming (mass email, mass newsgroup posting, etc…), Advertising on sites containing/promoting illegal activities, or for no reason at all at our discretion.
SCOPE OF AGREEMENT
- 1. This agreement must be honored by all sub domains and dedicated servers of the Provider.
- 2. The provider reserves the right to add to and change this agreement at any time without notice.