Hosting Terms of Service & Acceptable Use Policy (AUP)
Overview
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Our Hosting Terms of Service & AUP
MadeRite Terms of Service
The use of services from MadeRite Hosting, LLC [hereafter referred to as "MadeRite Hosting"] constitutes agreement to these terms.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) in case of fraud. It is your responsibility to provide us with an email address which is not AT 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.
The client is responsible for keeping their contact and billing information up-to-date and accurate, including but not limited to a properly functioning and reachable email address and telephone number. NOTE: Yahoo (inc. BTInternet, Rogers, etc.) constantly bounce or fail to deliver - please ensure that the email address used accepts ALL email from MadeRiteHosting. We recommend the free hosting at gmail.com as they do not bounce or fail to deliver our emails. We reserve the right to refuse service to those accounts or orders deemed high risk.
Transfers
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.
2.) Content
All services provided by MadeRite Hosting may only be used for lawful purposes. The laws of the State of Texas, and the United States of America and of Mexico apply.
The customer agrees to indemnify and hold harmless MadeRite Hosting 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 billing@MadeRitehosting.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 all Shared and Reseller servers include:
MadeRite Hosting services, including all related equipment, networks and network devices are provided only for authorized customer use. MadeRite Hosting systems may be monitored for all lawful purposes, including to ensure 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 MadeRite Hosting 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 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 billing@MadeRitehosting.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/terminated 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.
3.) Zero Tolerance Spam Policy
We 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.
MadeRite Hosting 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. MadeRite Hosting 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 MadeRite Hosting.
4.) Payment Information
You agree to supply appropriate payment for the services received from MadeRite Hosting, in advance of the time period during which such services are provided.
You agree that until and unless you notify MadeRite Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended.
When an account is suspended, payment expected for the time the account was suspended before the account will be reinstated.
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 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. 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.
As a client of MadeRite Hosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. MadeRite Hosting provides a 5 day grace period from the time the invoice is generated and when it must be paid.
Any invoice that is outstanding for 5 days and not paid will result in a $5 late fee and/or an account suspension until account balance has been paid in full. The $5 late fee is applied in addition to whatever else is owed to MadeRite Hosting for services rendered. Access to the account will not be restored until full payment has been received.
Invoices are provided as a courtesy to our clients by email or through the MadeRite Billing Center and your account status is always available in your client account. MadeRiteHosting assumes no responsibility for invoices lost or not received. Dollar amounts and costs indicated for all MadeRite services are in US currency, unless otherwise stated. Payment for all MadeRite hosting services is billed and due a minimum of thirty (30) days in advance. MadeRiteHosting reserves the right to refuse acceptance of any form of payment or terms.
MadeRite Hosting reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. MadeRite Hosting 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 MadeRite Hosting servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by MadeRite Hosting.
6.) Cancellations and Refunds
MadeRite Hosting reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
MadeRite Hosting Also reserves the right to repossess any site which has been abandoned that we retain domain name for after 60 days of non-payment of hosting or contact from owner, the site will then be sold to recover Hosting costs and late fees. We do this as a service to countless users that are damaged by unscrupulous PTC admins.
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.
MadeRite Hosting does not refund prepaid payments for Hosting. We will however add a credit to your account for script purchases or purchase of one of our other products.
There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Violations of the Terms of Service will waive the refund policy.
7. Resource Usage
User may not:
a) Use 35% 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 5 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")
8.) Backup Limit
Any shared account using more than 20 gigs of disk space will be removed from our off-site weekly backup with the 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.
9.) 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.
10.) 'Professional' Accounts
Whilst these accounts carry facilities and resources based on 'reseller' privileges using the cPanel/Web Host Manager Control Panel Software, this does NOT entitle hosting customers to 'resell' MadeRite Hosting and facilities to third parties. The contract is strictly between the Client and MadeRite Hosting. Only domains registered in the client's own name may be hosted in that client's Web Host Manager account. Interested third parties may sign up with their own MadeRite Hosting account and hosting will be provisioned.
Clients must also contact MadeRite Hosting BEFORE adding sites to their WHM Accounts. This is to ensure that resources on the server concerned are available and do not put other clients' websites at risk.
In the event that a client sells or transfers a domain/site or multiples thereof, the new owner MUST set up their own hosting account if the domain/site is to remain with MadeRite Hosting. The hosting account MUST be purchased using the current packages available at MadeRite Hosting.
11.) Shared / Semi-dedicated Servers
Shared accounts may not resell web hosting to other people.
12.) Professional and Shared Hosting
MadeRite Hosting is ONLY responsible for providing a HOSTING environment and ensuring that its servers function correctly.
MadeRite Hosting is NOT responsible for the websites and/or programs hosted on its servers, and accepts no responsibility for scripts/plugins/pages or any other part(s) of the sites. Errors or faults caused by third party software or client misuse or inexperience are the client's responsibility. Any necessary resolution and repair of these issues by MadeRite Hosting will be charged $60 per hour or $15 per 15 minute increments.
13.) Price Change
The amount you pay may increase from the date of purchase due to cost of servers increase. We reserve the right to change prices listed on MadeRitehosting.com, and the right to increase the amount of resources given to plans at any time.
14.) Coupons
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.
15.) Script Support
All scripts are sold with a free 30-day support. However, repeated errors by admin personnel in disregard for accepted site practices and 30 days after installation may be charged up to $60 an hour, payable in advance.
16a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold MadeRite Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against MadeRite Hosting, 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 MadeRite Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with MadeRite Hosting; (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 MadeRite Hostings server.
16b.) Arbitration
By using any MadeRite Hosting services, you agree to submit to binding arbitration. If any disputes or claims arise against MadeRiteHosting or its subsidiaries, such disputes will be handled by an arbitrator of MadeRite Hostings 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.
17.) Disclaimer
MadeRite Hosting shall not be responsible for any damages your business may suffer. MadeRite Hosting makes no warranties of any kind, expressed or implied for services we provide. MadeRite Hosting 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 MadeRite Hosting and its employees.
18.) Disclosure to law enforcement
MadeRite Hosting 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.
19.) Changes to the TOS
MadeRite Hosting reserves the right to revise its policies at any time without notice.
