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Terms and Conditions
New signups are setup
instantly through our automated software.
If you
request on our order form that you would like us to register your
"Domain Name/web site address", 1 Hour hosting will use
the same credit card that you supplied us to pay the registration fees.
Applicable for first time
registrations only.
Please Read Carefully!
The Internet is intended for use by
mature adults (and by minors when supervised by mature adults). Our
customers are expected to use the Internet with respect, courtesy,
and responsibility, giving due regard to the rights of other
Internet users. The customer is expected to have a basic knowledge
of how the Internet functions, the types of use which are generally
acceptable, and the types of use which are to be avoided.
The following are unacceptable
uses:
No
Adult/Pornography, Warez, Freeware, eggdrop, shareware, Or Password
Trading Sites.
Illegality in any form,
including but not limited to activities such as unauthorized
distribution or copying of copyrighted software, violation of U.S.
export restrictions, harassment, fraud, trafficking in obscene
material, drug dealing, and other illegal activities.
Net abuse,
including but not limited to activities such as using a non-existent
email return address on a commercial solicitation, spamming (sending
unsolicited advertising to numerous email addresses or newsgroups
and/or generating a significantly higher volume of outgoing email
than a normal user), trolling (posting outrageous messages to
generate numerous responses), mailbombing (sending multiple messages
without significant new content to the same user), subscribing
someone else to a mailing list without that person's permission,
cross-posting articles to an excessive number of newsgroups, or
attempting without authorization to enter into a secured computer
system. 1 Hour Hosting reserves the right to determine what
constitutes net abuse.
More about spamming,
We do have a strict policy against spamming! Users who spam via
E-mail, newsgroups, etc. are not allowed on our web servers. We
define "spamming" as the distribution of unsolicited
e-mail to other users or user groups that did not specifically ask
for the information. It doesn't matter if you use our mail servers
to spam or if your hire a company to send those mailings for you.
After the first complaint, in a bulk e-mail situation from anyone,
you will be removed and your account will be cancelled. This is a
zero toleration policy! Spamming is not allowed!
Tortious conduct,
including but not limited to posting of defamatory, scandalous, or
private information about a person without their consent,
intentionally inflicting emotional distress, or violating
trademarks, copyrights, or other intellectual property rights.
Misuse of system
resources, permitting use of mail services, mail
forwarding capabilities, POP accounts, or autoresponders other than
for the customer's own account; or resale of access to CGI scripts
installed on our servers.
Pornography,
pirated software, mp3 archives, rom archives, freeware/shareware
software archives, cracking/hacking tools, and spamming are not
allowed at 1 Hour Hosting. Any material of this nature or links to
material of this nature will cause the account to be shut
without financial refund. Additionally, sites of this nature often
place web hosts at legal risk, and therefore cannot be allowed.
Websites that contain
material that is intentionally offensive to racial
minorities are not permitted. Sites that are found to contain such
offensive content will be closed.
1 Hour Hosting does not
provide technical support for web site design, html,
cgi etc...
It is your responsibility to know at least the
basics of web development and how FTP works. We do have on-line
documentation on up-loading your web site to our server. Please
refer to our Support/FAQ page.
1 Hour
Hosting reserves the right to make changes to our
site, disclaimers, terms and agreements, pricing and user policy at
anytime. Annual contracts are set for term.
Domain name
registration:
All orders requesting domain registration through 1 hour hosting
will be registered with www.addressthis.com.
Your domain registration will be billed and invoiced separately from
your web hosting. It is your responsibility to maintain current
contact information with your registrar. If you choose to have us
register a domain on your behalf, we will disclose which registrar
we have selected in your welcome letter. Domain registrars will
email the address they have on file as a reminder that your domain
name is up for renewal. Should your email address be outdated you
will not be notified and stand the chance of losing your domain
name. Domain names are non refundable no exceptions. These are not 1
hour hosting's rules but the registrars.
Our hosting
services are for the use of small business,
start-up companies, personal home pages, and hobbyists that require
minimal to medium resources and that will be running simple
FormMail.cgi and php type scripts. 1 Hour Hosting would like to see you
succeed and will be happy to give you plenty of space and resources
to grow. However, if you outgrow your current package, we will
contact you and discus other options before any financial, space,
resource or any other changes take place. 1 Hour Hosting's annual prices are
structured for personal, family and hobbyist web sites. 1 Hour
Hosting also has "Business Hosting Plans". 1 Hour Hosting
has the right to use discretion on what is business and what is hobbyist.
If Found, business sites which are being billed at hobbyist annual
prices may be changed without notice by 1 Hour Hosting. All business
sites including small, medium or large are not eligible for our annual
prepaid accounts. Small Business sites may choose our 1 Month, 3
Month and 6 Month prepaid accounts along with our monthly Business
Plan.
Each account comes with
a specified amount of bandwidth transfer each month which most people will never
use. Should you go over the bandwidth limit, we will notify you and
provide some other options before any changes take place. Your
account is automated and will suspend at it's reached limit. From the
time we notify you about excessive bandwidth, you will have 2 day's
in which you can make a decision on whether or not you'd like to pay
for extra bandwidth. If we do not hear from you, your site may
be temporarily suspended.
Don't worry! we give you more disk space and bandwidth than most
people, small/medium size businesses will ever need. If you exceed
the bandwidth limit, it simply means your site is doing well!
Telnet/SSH Access is
unavailable on all virtual hosting plans. 1 Hour hosting will
provide SSH/telnet access on dedicated servers only. Refund
Policy
..................................................................................................................
Refunds will be granted for the following scenarios.
If your 6 or 12 month
"Discounted" hosting account has passed the original anniversary signup date
and you have failed to provide proper cancellation, but recently
noticed a charge on your credit card or simply do not want your
hosting account any longer, you may email us within 30 days of your reoccurring
charges and we will credit you back funds minus 1 month hosting at
our monthly rate of $19.95
All new accounts have a "2
week no questions asked" from the
original signup date.
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Refunds will not be granted
for the following reasons.
1. Client does not know how
to build/code or program CGI, PHP ETC.
1 Hour Hosting does not provide technical
support for web site design, html, cgi etc... including support for
third party software. It is your responsibility to know at least the basics of web development.. We do have
on-line documentation on up-loading your web site to our server. In
most cases we can help you if you are using popular software,
however should you need a lot of help with your software, we suggest contacting the software company for
support as they would know how to address your questions to the
fullest.
2. Client decides they no longer want service in the middle of their
original subscription term. (original meaning before
your reoccurring billing starts over)
All accounts signed up will be liable for the billing cycle agreed
upon.
3.Client has problems using our system but refuses to accept our
help/support for resolutions.
4. Domain Name Registration is also non-refundable.
5. Client's site is cancelled
because of non payment but then re-established again by clients
request. #6 Scenario will not fall
into the 2 week no questions asked return policy. All existing
accounts canceled and then re-established
are committed to term.
6. Accounts paying monthly or quarterly
are not eligible for refunds.
7. Secure server certificates are non-refundable.
8. Software installations as well as web design performed by
1 hour hosting are non-refundable.
Note:
Credit Card Charge backs
can result in a mark against your credit report. Please understand
we run a business and will be happy to discontinue your service per our above terms. We have no way
of knowing your no longer need our services unless you provide
cancellation. Credit Card Charge Backs cost us $25.00. A simple email to billing@1hourhosting.com
will avoid all charge back issues. We are more than happy to help
you in the event you no longer desire service.
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Billing Guidelines!
All cancellations must be
submitted at least 7 days before your subscription term ends. We
will attempt to send a reminder email 1-2 weeks in advance as a courtesy. It is your
reasonability at that point to contact us should you no longer
desire service. If the email address we have on file is no longer
valid, or due to any other connectivity issues from ISP to ISP, of course you will not receive an invoice. It will be your
responsibility to keep all contact information up to date with
1HourHosting. All accounts will automatically get re-billed without
termination notice. Billing is automated! We do not shut down
websites on an hunch? This can be detrimental to the well-being of a
business.
Server Terms
All Virtual Hosting Accounts are
bound by this Terms of Service. Dedicated Accounts should refer to
their individual hosting agreements, as warranted.
1) Setup Fees including, but not
limited to, additional programming are nonrefundable.
2) All fees are due in advance of the services provided. Failure to
pay in advance may result in termination or suspension of services
without notice.
3) If you wish services to cease immediately, you must request that
our services be discontinued immediately by emailing billing@1hourhosting.com from the email address we have on file for
you.
4) The use of any data or
material, which Customer receives from the service provided by 1
Hour Hosting, is at Customer's sole and absolute risk. 1 Hour
Hosting specifically disclaims and denies any responsibility for the
completeness, or accuracy of quality of any and all information
obtained through the services to be provided hereby.
5) 1 Hour Hosting will utilize its
best efforts to maintain acceptable performance of services, but 1
Hour Hosting makes absolutely no warranties whatsoever, express or
implied, including warranty of merchantability or fitness for a
particular purpose. 1 Hour Hosting cannot guarantee continuous
service, service at any particular time, or integrity of data stored
or transmitted via its system or via the Internet. 1 Hour Hosting
will not be liable for the inadvertent disclosure of, or corruption
or erasure of, date transmitted or received or stored on its system.
1 Hour Hosting shall not be liable to Customer or any of its
customers for any claims or damages which may be suffered by
Customer or its customers, including, but not limited to, losses or
damages of any and every nature, resulting from the loss of data,
inability to access Internet, or inability to transmit or receive
information, caused by, or resulting from, delays, nondeliveries, or
service interruptions whether or not caused by the fault or
negligence of 1 Hour Hosting.
6) Customer agrees that it shall
defend, indemnify, save and hold harmless from any and all demands,
liabilities, losses, costs, claims, including reasonable attorney's
fees, ('Liabilities') against 1 Hour Hosting, its agents, its
customers, servants, officers, employees, that may arise or result
from any services provided, 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 1 Hour
Hosting against Liabilities arising out of any injury to person or
property caused by any products sold or distributed in connection
with 1 Hour Hosting's server; and material supplied by Customer
infringing or allegedly infringing on the proprietary rights of a
third party; copyright infringement and any defective product which
Customer sold on 1 Hour Hosting's Server. As a result of this,
Customer agrees that 1 Hour Hosting shall not be liable to Customer
for any claims of actual, compensatory and/or consequential damages
which may be suffered by Customer, including, but not limited to,
losses or damages due to the loss data resulting from delays, non
deliveries, or service interruptions caused by the fault or
negligence of 1 Hour Hosting. Notwithstanding the above mentioned,
Customer's exclusive remedies, damages, losses and causes of actions
shall not exceed the aggregate dollar amount which Customer paid
during the term of this Agreement.
7) The Customer may only use 1
Hour Hosting's services for lawful purposes. In the event that at
any given time, 1 Hour Hosting believes that the service is being
used by the Customer in contravention with any of the terms and
provisions contained in this Agreement, 1 Hour Hosting has the right
to immediately discontinue such service to Customer without
liability other than to refund any unearned prepaid service fees.
The following are restrictive uses and shall be cause for the
immediate termination of web services and this Agreement without
notice to the Customer:
a. Unauthorized distribution or copying copyrighted software,
violation of US export restrictions, embarrassment, fraud,
trafficking in obscene material, drug dealing, and other illegal
activities;
b. Unsolicited advertising via email and/or 'Spamming' is a
violation of State and Federal Law and is otherwise a violation of
this agreement. Such prohibited conduct subjects Customer to
immediate cessation of service as provided herein and the
termination of this agreement without notice. 1 Hour Hosting
reserves the right to report such illegal activities to any and all
regulatory, administrative and/or governmental authorities for
appropriate prosecution. In addition, 1 Hour Hosting will charge One
Dollar ($1.00) per email recipient for any such activity;
c. Using a non-existing email return address on a commercial
solicitation, spamming (sending unsolicited advertising to numerous
email addresses or newsgroups and/or generating a significantly
higher volume of outgoing email than a normal user), trolling
(posting outrageous messages to generate numerous responses,
mailbombing (sending multiple messages without significant new
content to the same user), subscribing someone else to a mailing
list without that person's permission, cross-posting articles to an
excessive number of newsgroups, or attempting without authorization
to enter into a secured computer system. 1 Hour Hosting reserves the
right to determine what is Net abuse;
d. Tortuous conduct such as posting of defamatory, libelous,
scandalous, or private information about a person without their
consent, intentionally inflicting emotional distress, or violating
trademarks, copyright, or other intellectual property rights;
e. The Customer expressly understands and agrees that illegal Adult
oriented Websites featuring nudity and acts of a sexual nature are
expressly prohibited. 1 Hour Hosting reserves the right to
immediately terminate and remove any such unauthorized Websites
without notice and discontinue service to Customer without notice or
liability for actual, compensatory or consequential damages to
Customer for the interruption in service.
f. MUDDS, Listservers or any other Internet application that are not
Website specific, are specifically prohibited.
Disclaimer
1 Hour Hosting will not be responsible for any damages your business
may suffer. 1 Hour Hosting makes no warranties of any kind,
expressed or implied for services we provide. 1 Hour Hosting
disclaims any warranty or merchantability or fitness for a
particular purpose. The includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service
interruptions caused by 1 Hour Hosting and its employees. The
services provided by 1 Hour Hosting are provided AS-IS and without
any warranty expressed or implied. 1 Hour Hosting reserves the right
to revise its policies at any time
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