GetMeHosted Terms of Service
02) Web Site Hosting And Email
03) Service Availability
04) Payment
05) Termination
06) Indemnity
07) Limitation Of Liability
08) Notices
09) Support
10) Law
11) Headings
12) Torturous Conduct
13) Cancellation of Services
14) Entire Agreement
15) Freedom to use these Terms
16) Refunds
GetMeHosted.com Terms of Service:
Where the content states: "We" includes GetMeHosted.com
or any party acting on GetMeHosted.com's implicit instructions.
"You" includes the person purchasing the services or any party
acting on the customer's instructions. "Member" includes the purchaser of
services or any party acting on the purchaser's instructions. "The
Registrant" includes
the person applying for a
domain name or any party acting on
the Registrant's
instructions. "The Registry" refers to the relevant domain
name Registry. "Server" means the computer server
equipment
in connection with the
provision of the Services. "Web Site"
means the area
on the Server allocated by us to you for use by
you
as a site on the Internet. "TOS" includes this agreement. In
consideration of the mutual covenants herein, the parties
agree to
the following, which shall apply during the term of
this agreement:
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1. Domain
Name Registration
1.1 We make no representation that the domain name you
wish to register is capable of being registered by or
for you or that it will be registered in your name. You
should therefore not assume registration of your requested
domain name(s) until you have been notified that it has
or they have been registered. Any action taken by you
before such notification is at your own risk.
1.2 The registration and use of your domain name is subject
to the terms and conditions of use applied by the relevant
naming authority; you shall ensure that you are aware of
those terms and conditions and that you comply with them.
You shall have no right to bring any claim against us in
respect of refusal to register a domain name. Any administration
charge paid by you to us shall be non-refundable notwithstanding
refusal by the naming authority to register your desired name.
1.3 We shall have no liability in respect of the use by you of
any domain name; any dispute between you and any other person
must be resolved between the parties concerned in such dispute.
If any such dispute arises, we shall be entitled, at our
discretion and without giving any reason, to withhold, suspend
or cancel the domain name. We shall also be entitled to make
representations to the relevant naming authority but will not
be obliged to take part in any such dispute.
1.4 We shall not release any domain to another provider unless
full payment for that domain has been received by us.
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2. Web Site Hosting And Email
2.1 We make no representation and give no warranty as to the
accuracy or quality of information received by any person via
the Server and we shall have no liability for any loss or damage
to any data stored on the Server.
2.2 You shall effect and maintain adequate insurance coverage in
respect of any loss or damage to data stored on the Server.
2.3 You represent, undertake and warrant to us that
you will use the Web Site allocated to you only for lawful purposes. In
particular, you represent, warrant and undertake to us that:
2.3.1 you will not use the Server in any manner which
infringes any law or regulation or which infringes the rights of any third
part;
nor will you authorize or permit any other person to do so.
2.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, abusive, malicious, obscene, pornographic, profane or otherwise
objectionable as determined by GetMeHosted.com in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of a
criminal offence, or which infringes any patent, trade mark, design
right, copyright or any other intellectual property right or similar
rights of any person which may subsist under the laws of any
jurisdiction.
2.3.3 you will not send bulk email, whether opt-in or otherwise, from
our network. Nor will you promote a site hosted on our network using
any bulk email system.
2.3.4 you will not employ programs which consume excessive system
resources including, but not limited to, processor cycles and memory. We do not host IRC,
IRC bots, or other server resource intensive programs.
2.3.5 If you surpass your allotted disk/bandwidth usage as set forth
in your purchased plan, you agree to purchase the excess in blocks as set forth in our "plans" section. Such payment to be immediate and
non-disputable.
2.4 We reserve the right to remove any material which we deem
inappropriate from your web site without notice. We do not host Warez,
Underage Adult, Pornographic, Copyrighted MP3s, or similarly questionable
content.
2.5 You shall keep secure any identification, password and other
confidential information relating to your account and shall notify
us immediately of any known or suspected unauthorized use of your
account or breach of security, including loss, theft, or unauthorized
disclosure of your password or other security information.
2.6 You shall observe the procedures which we may from time to time prescribe
and shall make no use of the Server which is detrimental to our other
customers.
2.7 Members utilizing free hosting
shall exclude themselves from promotions offered and afforded to paying
Members.
2.7.1 Members utilizing free hosting shall display a banner as supplied by
GetMeHosted.com.
2.8 You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and in a secure
manner.
2.8.1 Sending unsolicited mail messages, including, without limitation,
commercial advertising and informational announcements, is expressly
prohibited. A Member shall not use another site's mail server to relay mail
without the express permission of the site.
2.8.2 It is contrary to GetMeHosted.com policy for Members to use our servers to effect or participate in any of the
following activities:
To send mass e-mailings; whether unsolicited, opt-in, or
otherwise.
To engage in any of the foregoing activities using the service of another
provider, but channeling such activities through a GetMeHosted.com provided
server, or using a GetMeHosted.com provided server as a mail drop for
responses.
To falsify user information provided to GetMeHosted.com or to other
users of the service in connection with use of a GetMeHosted.com service.
2.8.2(a) Consequences of Violation:
When GetMeHosted.com becomes
aware of an alleged violation of its Acceptable Use Policy, GetMeHosted.com will
initiate an investigation. During the investigation GetMeHosted.com may restrict Member's access in order to prevent further possible unauthorized
activity. Depending on the severity of the violation, GetMeHosted.com may, at its
sole discretion, restrict, suspend, or terminate Member's account and/or
pursue other civil remedies. If such violation is a criminal offense,
GetMeHosted.com will notify the appropriate law enforcement department of such violation.
2.8.2(b) You shall be held liable for
any and all costs incurred by GetMeHosted.com as a result of your
violation of these terms and conditions. This is including, but not
limited to, attorney fees and costs resulting from Postmaster responses to
complaints from and the cleanup of unsolicited commercial mailings and/or
unauthorized bulk mailings and/or news server violations. GetMeHosted.com’s current hourly rate for Postmaster responses to
complaints and cleanup of unsolicited commercial mailings and/or
unauthorized bulk mailings and/or news server violations is US $100 per
hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email
or Usenet message sent, plus US $100 per verified complaint received. Server
maintenance fees of $85 per hour.
2.8.3 GetMeHosted.com does not issue
service credits for any outages incurred through service disablement
resulting from Policy violations.
2.9 Any access to other networks connected to
GetMeHosted.com must comply with the rules appropriate for those other
networks
2.10 While we will use every reasonable endeavor to ensure the
integrity and security of the Server, we do not guarantee that the
Server will be free from unauthorized users or hackers and we shall
be under no liability for non-receipt or misrouting of email or for
any other failure of email.
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3. Service Availability
3.1 We shall use our reasonable endeavors to make available to you at
all times the Server and the Services but we shall not, in any event,
be liable for interruptions of Service or down-time of the Server.
3.2 We shall have the right to suspend the Services at any time and
for any reason, generally without notice, but if such suspension lasts
or is expected to last for more than 7 days you will be notified of the reason.
3.3 The Services provided to you hereunder and your account with us
cannot be transferred or used by anyone other than you. No more than
one log-in session under any one account may be used at any time by
you. If you have multiple accounts, you are limited to one login
session per system account at any time; user programs may be run only
during log-in sessions. If your account is found to have been
transferred to another party, or shows other activity in breach of
this sub clause, we shall have the right to cancel the account and
terminate the Services and/or this Agreement immediately.
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4. Payment
4.1 All charges payable by you for the Services shall be in
accordance with the scale of charges and rates published from
time to time by us on our web site and shall be due and payable
in advance of our service provision. We reserve the right to change
pricing at any time, although all pricing is guaranteed for the period
of pre-payment.
4.2 Payment is due each anniversary month, quarter, year
or agreed length of term following
the date the Services were established until closure notice is given.
If you choose to pay by credit or debit card you authorize GetMeHosted.com or our parent corporate identity of Service All LLC to debit your account renewal fees from your card.
4.3 All payments must be in US Dollars.
4.4 You agree to pay the sum of $75 for initiating any
chargeback proceedings against us.
4.5 If your check is returned by the bank as unpaid for any reason,
you will be liable for a "returned check" charge of $45.
4.6 Without prejudice to our other rights and remedies under this
Agreement, if any sum payable is not paid on or before the due date,
we shall be entitled forthwith to suspend the provision of Services
to you.
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5. Termination
5.1 If you fail to pay any sums due to us as they fall due, we may
suspend the Services and/or terminate this Agreement forthwith
without notice to you.
5.2 If you break any of these terms and conditions we may suspend
the Services and/or terminate this Agreement forthwith without notice
to you.
5.3 If you are a company and you go into insolvent liquidation or
suffer the appointment of an administrator or administrative receiver
or enter into a voluntary arrangement with your creditors, we shall
be entitled to suspend the Services and/or terminate this Agreement
forthwith without notice to you.
5.4 No refunds will be made for Services suspended in accordance
with 5.1, 5.2 and 5.3.
5.5 We reserve the right to suspend the Services and/or terminate
this Agreement at any time. In this event, you will a be entitled
to a pro rata refund based upon the remaining period of membership.
5.6 You may cancel the Services at any time by logging
into your Member Services Control Panel and requesting such cancellation. If service has been in use past 30
(thirty) days, cancellation is described in Section 13 below.
5.7 During the first 30 days of Services, You are entitled to a refund of fees
paid with the exclusion of domain name registration, dedicated server,
data transfer fees, and excessive support requests should you decide to
cancel the Services for just cause. GetMeHosted.com shall be the sole
arbitrator as to the validity of your claim of just cause and will
subtract the aforementioned fees from any monies due you.
5.7.1 During the first fourteen days of
service you are entitled to a
full, no questions asked refund excluding as set forth in sections 5.7, 5.7.2,
5.7.3, and 12.5; as well as exclusions listed in section 2 above. For
the remaining time your refund will be prorated and factored at the
full discretion of GetMeHosted.com.
5.7.2 Partner Plans (Resellers) are eligible for above
refund minus usage fees; if such use has been deemed excessive at the
discretion of GetMeHosted.com. Such accounts are often more resource
intensive than standard shared hosting accounts and, therefore, do not
qualify under our standard 30 day guarantee details.
5.7.3 You will not be entitled to a refund on these basis if you have previously
had an account with GetMeHosted.com under any plan or service.
5.7.4 Allow 30 (thirty) days for refund payments to
process. If you have not received refund within this time allotment,
please contact us.
5.8 Where payment has been made by credit or debit card, any refund
will only be issued to the same credit or debit card.
5.9 On termination of this Agreement or suspension of the Services
we shall be entitled to immediately block your Web Site and to remove
all data located on it.
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6. Indemnity
6.1 You shall indemnify us and keep us indemnified and hold us
harmless from and against any breach by you of these terms of business
and any claim brought against us by a third party resulting from the
provision of Services by us to you and your use of the Services and
the Server including, without limitation, all claims, actions,
proceedings, losses, liabilities, damages, costs, expenses (including
reasonable legal costs and expenses), howsoever suffered or incurred
by us in consequences of your breach or non-observance of this
Agreement.
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7. Limitation Of Liability
7.1 All conditions, terms, representations and warranties relating to
the Services supplied under this Agreement, whether imposed by
statute or operation of law or otherwise, that are not expressly
stated in these terms and conditions including, without limitation,
the implied warranty of satisfactory quality and fitness for a
particular purpose are hereby excluded, subject always to any sub clause.
7.2 Nothing in these terms and conditions shall exclude our liability
for death or personal injury resulting from our negligence.
7.3 Our total aggregate liability to you for any claim in contract,
tort, negligence or otherwise arising out of or in connection with
the provision of the Services shall be limited to the charges paid
by you in respect of the Services which are the subject of any such
claim.
7.4 In any event no claim shall be brought unless you have notified
us of the claim within one year of it arising.
7.5 In no event shall we be liable to you for any loss of business,
contracts, profits or anticipated savings or for any other indirect
or consequential or economic loss whatsoever.
7.6 You are responsible for monitoring Bandwidth and Disk space usage
of your site. This is easily done from your Control Panel. If you go
over the amount indicated in your current plan; you will assessed a
surcharge as set forth in our pricing structure.
7.7 You agree that you are solely responsible for making backup copies of your account. Getmehosted does maintain backup copies of user websites and email on a daily/weekly/monthly basis, but makes no guarantee regarding backups. Getmehosted cannot guarantee that the contents of a web site will never be deleted or corrupted, or that a backup of a web site will always be available. You should always copy all content of a web site to a local computer, and make and maintain your own backups to assure you have the ability to restore your site should the need arise.
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8. Notices
8.1 Any notice to be given by either party to the other may be sent
by email, fax or recorded delivery to the address of the other
party as appearing in this Agreement or ancillary application forms or
such other address as such party may from time to time have
communicated to the other in writing, and if sent by email shall
unless the contrary is proved be deemed to be received on the day it
was sent or if sent by fax shall be deemed to be served on receipt of
an error free transmission report, or if sent by recorded delivery
shall be deemed to be served two days following the date of posting.
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9. Support
9.1 On our site you will find links
to all the information to get
your web site
up and running. All information pertaining to your account should have been
included in the Welcome Letter you received when we created your account.
If you did not receive a welcome letter email, please contact Member Care Services. There
are several reasons an email may not reach you; first and foremost is if
the domain you have contracted services for is the same domain your
welcome email was sent to.
9.2 The support feature of our service consists of
our Member Services Control Panel solving server related problems only.
Software issues will remain the client's responsibility.
9.2.1 If you
require support for your scripting, there are several online tutorials
available we can help you find. You may purchase our technicians' services at the
rate of $85 per hour, with one half hour minimum billed. We reserve the
right to wave this fee at any time.
9.3 All Support requests are to be processed in English through our Member Services Control Panel. Any other request for
support, except as noted in Section 9.4, will be considered a breach of our TOS.
9.4 In the event of a
server outage or other such emergency, you are free to contact us in any manner.
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10. Law
10.1 This
Agreement shall be governed by and construed in accordance
with United States law and the laws governing the state of Michigan. You
hereby submit to the non-exclusive jurisdiction of the U.S. courts.
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11. Headings
11.1 Headings are included in this Agreement for convenience only and
shall not affect the construction or interpretation of this Agreement.
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12. Torturous Conduct
12.1 No one shall post defamatory, scandalous, or
private information about a person without their consent, intentionally
inflicting emotional distress, or violating trademarks, copyrights, or
other intellectual property rights.
12.2 Any abuse towards any GetMeHosted.com employee will
not be tolerated. You are expected to request and respond to support and
other issues in a professional manner. When emailing GetMeHosted.com or
utilizing support via the Member Services Control Panel, refrain from using caps,
exclamation points, and other forms of written yelling. Any cursing, yelling, or further
intentional disruptive behavior aimed at GetMeHosted.com or it's employees
shall be considered a violation of this TOS.
12.3 Any threat; whether verbally, orally, written, or
delivered by second parties directed towards GetMeHosted.com or any of
it's employees, partners, equipment, and concerns shall be construed as a
violation of this TOS.
12.4 Any conduct viewed as violating this section shall be considered a
violation of this TOS. GetMeHosted.com will be the sole arbitrator in
regards to what is deemed a violation.
12.5No refunds shall be given when the contents of this
section necessitates removal of the account.
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13. Cancellation of Services
13.1 You may cancel the Services at any time by logging
into your Member Services Control Panel,
at least 15 (fifteen) days prior to expiration of your current term and requesting cancellation.
Services cancelled after this time period will remain until the end of the next
billing cycle. If you do not have an active GetMeHosted account, please contact
us at MyBilling@getmehosted.com.
13.2 You will
receive e-mail confirmation of your cancellation. If you do not receive
confirmation, you have not cancelled.
13.3 Only
accounts cancelled in the above manner are honored. Non-usage will never be
considered cancellation. Further outlined in Section #5 above.
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14.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
14.2 GetMeHosted.com reserves the right to amend this TOS at any time.
14.3 It is your responsibility to check these Terms of Service on occasion for any such amendments.
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15. Freedom to use these Terms
15 You (anyone
viewing this page) are free to use these terms as a template for writing
your own. Please have it reviewed by a local attorney to make certain it
conforms with your applicable laws. You will also wish to confirm that the
terms you create using this form as a template conform to your upstream provider.
15.1 GetMeHosted.com releases rights to this document text to the reader, free of
encumbrance. Except as noted in this section (15.3).
15.2 In no
form can you hold GetMeHosted.com responsible for any and all actions arising
out of
your use of these terms as your own.
15.3 If you
choose to use these terms as your own, this section (15) must remain intact of
content; save for
our name. You agree to let others use these terms as a guide.
15.4 Our
release of this text material in no way assigns rights of any images viewed
herein.
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16. Refund Policy
16 We have a 14-day Money Back Guarantee policy for anyone who is not completely satisfied with our hosting plans within the first 30 days of sign up. To receive a full refund (not including any setup fees or domain registrations) please contact our sales department.
Account suspension for reasons of abuse or chargeback are not entitled to any refunds, and may incur additional charges to clean up spam complaints and "hacking" incidents.