Serves Host Terms

Serves Host Hosting Acceptable Use Policy (AUP) and Terms of Service (TOS)

Is provided to give our customers and users a clear understanding of what we expect of them while using the service. All users of Serves Host Hosting's services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service). Use of any of our services constitutes acceptance and agreement with our AUP as well as the Serves Host Hosting TOS (Terms of Service). One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet to disseminate information to others. We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of your account with Serves Host Hosting. Violations of this AUP include.

SPAMMING : Sending unsolicited bulk and/or commercial messages over the Internet or Usenet and hosting spamvertised websites. When receiving a complaint, Serves Host Hosting has sole discretion to determine whether the message(s) is considered as SPAM or not. Maintaining an open SMTP relay is also prohibited. SPAM is not only harmful and considered illegal but it also slows down the network and servers.

Adult Content : Pornography, nudity, and sex-related merchandising is prohibited. This includes sites that may infer sexual content; links to such adult content elsewhere are also prohibited. We disallow adult content due to the high resource such sites can use. If you are not sure whether your site is considered to have adult content or not, please contact us. Any customer with adult content on their site or in one of their directories stored on a Serves Host Hosting server will have the material deleted and their account will be terminated without any refund of payment.

Harm to minors : Use of Serves Host Hosting's service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

Illegal Use : Sites that promote any illegal activities, such as Warez sites, FXP are prohibited; links to such materials are also prohibited. Actual files, including but not limited to pirated software, hacker programs, cracks, and MP3 files, are strictly prohibited from being stored anywhere on our servers. Violators' account will be canceled and all payments will be forfeited. Any account launching a Denial of Service attack from our server(s) against any other server will be terminated without prior notice and the authorities will be notified. Any account that is attempting or has attempted to successfully or unsuccessfully exploit any of the server's services, including but not limited to the http server or ssh server, or attempting to gain root access will have their account terminated without notice.

Intellectual Property Violations : Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, trade dress, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Violators' account will be canceled without any refund.

Server Abuse : Running any process that requires more than 30 CPU seconds, or using more than 5% of all available system resources at any time is prohibited. Running stand-alone, unattended server-side processes at any point in time on our servers is also prohibited. This includes any and all daemons, such as IRCD. Running any software that interfaces with an IRC (Internet Relay Chat) network is prohibited as well.

Background Running Daemons : Background Daemons and or Programs in general are prohibited on our servers, including, but not limited to, IRC bots, eggdrop, BitchX, BNC, PSYBNC, XiRCON and any other program that interferes with normal server operation. We reserve the rights to cancel any accounts found with such Daemons and/or Programs and forfeit any and all monies paid to Serves Host Hosting.

CGI Abuse : Due to their use of flat files instead of databases, we do not allow the use of UBB or YABB bulletin boards. Use of these boards results in system performance degradation and cannot be allowed in our shared hosting environment. We suggest using vBulletin, Invision or phpBB2 as a more efficient, database-driven alternative to these bulletin boards. We reserve the right to disable any CGI scripts that might threat the security and/or stability of our servers at any time.

Other Activities : Engaging in activities, whether lawful or unlawful, that Serves Host Hosting determines to be harmful to its clients, operations, reputation, goodwill, or customer relations. Serves Host Hosting provides web hosting services and thus has certain legal and ethical responsibilities.

 

Serves Host Hosting Terms of Service (TOS)

By clicking the "I Agree" button on the order form page, you agree to all terms and conditions herein. ("the Agreement"). "Company", "we" and "our" means Serves Host Hosting and "You" and "Client" mean you, the client.

Payment : Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Payments are due on the monthly anniversary date of the day you opened your account.

Money-Back guarantee : Serves Host Hosting offers a full 30-day money back guarantee, no questions asked. The customer will be refunded all hosting charges made to their credit card less any setup fees which are non-refundable. After the first 30 days, all payments are non-refundable. Violations of the AUP and/or TOS will automatically void the 30-day money back guarantee.

Failure to Pay : Serves Host Hosting reserves the right to temporarily suspend or terminate your account and to make any changes or additions to this Agreement.

Account cancellation : All cancellation requests must be sent to sales@serveshost.com and you must give us at least 3 days notices but not more than 6 days. You must have all your account information to cancel.

Bandwidth : Serves Host Hosting reserves the right to charge $1.55 per additional 1000 MB of data transfer when client goes over his monthly-allocated data transfer limit. We will contact you via the email address you provided before charging you for extra bandwidth.

Abusive Behavior : Serves Host Hosting is a professional web hosting company and we believe in professional communication, no matter what the issue is. We will not tolerate any abusive behavior, abusive language or threats against any of our employees, officers, agents, and directors. By violating this policy, we reserve the right to permanently suspend or terminate a client's account without any prior notice and without any refund. Serves Host Hosting also reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion and without prior notice.

Support Boundaries : Serves Host Hosting will provide email support and telephone to all of our clients. However, we do not provide support for programming, HTML or others. You may however, ask for help from our other clients with these subjects by using our online forum. Posting comments in our online forum including profanity or abusive comments, discussions involving or promoting illegal activities, and advertising for anything other then Serves Host Hosting's services is prohibited. These actions will result in your account being suspended or terminated without a refund of payment.

Illegal Activities : If you are found to be promoting any illegal activities, including but not limited to Warez, FXP, Hacking, Cracking, mp3's or DVD's that you do not own the rights to or if you are linking to such materials and/or storing such materials on our servers, your account will be terminated without further notice and monies paid to Serves Host Hosting will not be refunded.

No SPAM : Client agrees not to SPAM or host spamvertised websites using the Serves Host Hosting servers and/or network, explained in the AUP. Violations of this policy carry severe penalties, including termination of account. We reserve the right to terminate any Client's account without further notice due to violation(s) of our policy. Serves Host Hosting also reserves the right to take legal action against any violator due to violation(s) of this policy. Clients should not give out their account information such as username and passwords as the are held responsible for the actions of anyone using their account (no excuses!).

Adult Content : Pornography, nudity, and sex-related merchandise is prohibited. This includes sites that may infer sexual content; links to such adult content elsewhere are also prohibited. We disallow adult content due to the high resource such sites can use. If you are not sure whether your site is considered to have adult content or not, please contact us

Refusal of Service : Serves Host Hosting reserves the right to refuse or discontinue service to anyone at Serves Host Hosting's sole discretion. Serves Host Hosting may deny access to all or part of their services without notice if a client has been engaging in any conduct or activities that Serves Host Hosting in its sole discretion believes violates any of the terms and conditions in this agreement. Serves Host Hosting shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Serves Host Hosting has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers.

Liability and Indemnification : The client(s) and their parties agree that under no circumstances will Serves Host Hosting or it's internet service provider be held liable for any actions of the Client (or their parties). A breach or alleged breach of any of the terms and conditions set forth in this Agreement is grounds for immediate account termination and possible legal action. The client and their parties agree that they will defend and hold harmless Serves Host Hosting for any and all demands, fines, liabilities, losses, costs, claims, and expenses, including but not limited to attorney's fees, lawsuits against their employees, officers, agents, and directors that may arise or result from services provided, performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors. Serves Host Hosting assumes no liability of the Client for failure to follow this Agreement and any of the resulting consequences caused by the acts, omissions or negligence of the Client, sub-client or any agent of the Client including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.

Term : The term of this Agreement will continue until a notice of cancellation by Serves Host Hosting or the Client is given, or until terminated under other provisions of this Agreement. Serves Host Hosting reserves the right to terminate this Agreement without cause upon notification to the Client. Serves Host Hosting may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by Serves Host Hosting to implement this Agreement is disrupted or terminated for any reason.

Disclaimer of warranty : Serves Host Hosting will not be held responsible for any damages you or your business may suffer. Serves Host Hosting makes no warranties of any kind, expressed or implied, for services rendered. Serves Host Hosting disclaims any warranty or merchantability or fitness for a particular purpose. Serves Host Hosting assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. Serves Host Hosting will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will the client be entitled to recover damages of any kind from Serves Host Hosting.

Default : In the event the Client defaults in any provision or fails to perform pursuant to this Agreement, Serves Host Hosting will be entitled to damages, costs, and attorney's fees from the Client.

Guarantee : Client is responsible for the backup of it's website(s) and files. We will make every reasonable attempt to avoid unexpected server downtime and to ensure that all accounts are well taken care of. We cannot predict server downtime but will make all efforts to notify the client 24hrs in advance of any downtime due to maintenance or otherwise.

Agreement : If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement, including the Exhibits, attachments and/or addenda, if any, represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Serves Host Hosting. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the Province of Canada and the United States of America except with regard to its conflict of local laws. This Agreement and Serves Host Hosting's policies are subject to change without notice.