GetMeHosted Terms of Service
02) Web Site Hosting And Email
03) Service Availability
07) Limitation Of Liability
12) Torturous Conduct
13) Cancellation of Services
14) Entire Agreement
15) Freedom to use these Terms
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
11.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
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.
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.
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.
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.
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.