| ReserveHost reserves the right
to change this Policy any time, so please, check this
page at least once a month or when in doubt. ReserveHost
strives to provide the best possible service to all
our customers, but we will not tolerate any unlawful
activity or abuse on our servers. We respect freedom
of speech and expression unless it is harmful to others.
These brief guidelines are imposed to protect you, other
ReserveHost customers and us against such harm. Signing
up with ReserveHost and/or any of its services shows
your agreement with our TOS [Terms of Service] and AUP
[Acceptable Use Policy]. Should the AUP or TOS be changed
for any reason, the users will have 30 days to change
their site to abide by the regulations set forth in
AUP and TOS.
Payment Policies, Fees, Refunds
and Terms of Agreement:
Full payment is required before any hosting service
is rendered, which includes renewals. All payment-due
notices will be sent by electronic mail. No bills or
invoices will be sent by postal mail or fax. Payments
must be paid through one of the methods listed on our
payment page. Prepayment is due each anniversary (one
month, three month, six month, one year, two years)
following the date the account was established. Billing
will continue until you cancel your hosting account.
You may cancel at anytime. As a policy, we do not offer
credits or refunds for hosting time already expended.
We do give refunds for full months unused,
should you want to cancel prepaid service. If you decide
to cancel after prepayment, you will not receive a refund
for the current month in use (We do not give partial
months refunds). If you have prepaid and received a
multi-month discount, upon cancellation we will figure
the refund retroactively withdrawing the discount back
to the start date of the contract. This will result
in paying full undiscounted price for the months used
and refunding the balance. This only applies to cancellation
by the client. If cancellation is done by ReserveHost
due to restrictions violation, there will be no refund.
ReserveHost will only allow for the discount if cancellation
is not the fault of the client, as determined by ReserveHost.
All monetary transactions are in $US dollars. Additional
features can be added at any time. Monthly feature prices
are not prorated. ReserveHost reserves the right to
change prices at any time.
Account Cancellation:
You may cancel at anytime. Phone requests will not constitute
acceptance of any cancellation. To cancel your account,
please contact Customer Service at cs@ReserveHost.com.
Notification of cancellation must be received at least
five business days prior to your cycle date, with the
cycle date being the day of the month you sign up, in
order to avoid charges in full for the next cycle. It
is the Clients Responsibility to secure email confirmation
from ReserveHost that account has been cancelled. If
the client has not yet received email confirmation of
account cancellation, then the account remains active,
and you will continue to be invoiced.
If Client has a balance due at the time
of cancellation, this balance must be paid in full.
Cancellation does not absolve Client of any outstanding
financial obligations.
Indemnification Policy:
You agree to use all ReserveHost services and facilities
at your own risk. ReserveHost specifically disclaims
all warranties of merchantability and fitness for a
particular purpose. In no event shall ReserveHost be
liable for any loss, or loss of data, or other commercial
damage, including but not limited to special, incidental,
consequential or other damages. Customer agrees that
it shall defend, indemnify, save and hold ReserveHost
harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorneys
fees asserted against ReserveHost, 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 ReserveHost against liabilities arising
out of:
(1) any injury to person or property caused
by any products sold or otherwise distributed in connection
with ReserveHosts server;
(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 customer from ReserveHosts
server.
ReserveHost shall be the sole judge of
what violates this Policy.
SPAM Policy:
ReserveHost is committed to a zero-tolerance, anti-Spamming
policy. Under this policy, we prohibit Spam, or any
unsolicited commercial email, from being sent either:
Over the ReserveHost network, by customers or any other
users of the ReserveHost network (including customers);
AND/OR over ANY network if the message sent advertises
or mentions a site hosted on the ReserveHost server.
We react quickly and seriously to violations,
and we further reserve the right to terminate the services,
without prior notice, of any customer disregarding this
policy. Sending unsolicited commercial email (a.k.a.
"spam"), cross-posting messages to a large
number of usenet groups, posting obscene or threatening
messages while using or referring to an ReserveHost
email address or web site URL is prohibited. The use
of ReserveHost servers as a mail drop for responses
to activities described above is also prohibited. Accounts
canceled due to spam will be billed a "clean up"
fee of $700.
If you have any complaints or comments
regarding Spam on our network, please direct them via
email to abuse@ReserveHost.com.
Content Policy:
All services provided by ReserveHost may be used for
lawful purposes only. Transmission, storage, or presentation
of any information, data or material in violation of
any United States Federal, State or City law is prohibited.
This includes, but is not limited to: copyrighted material,
trademark, intellectual property, material we judge
to be threatening or obscene, or material protected
by trade secret and other statute without proper authorization.
The subscriber agrees to indemnify and hold harmless
ReserveHost from any claims resulting from the use of
the service which damages the subscriber or any other
party.
Pornography and sex-related merchandising
is prohibited on all ReserveHost servers. This includes
sites that may infer sexual content, or links to adult
content elsewhere. ReserveHost will be the sole arbiter
in determining violations of this provision.
Also prohibited are sites that promote
any illegal activity or present content that may be
damaging to ReserveHost servers or any other server
on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or
links:
Pirated software
Hacker programs or archives
Warez sites
ReserveHost does not host sites of its competitors or
web pages promoting sites of its competitors.
Any illegal activity, including adult
content, links to adult content web sites, spamming
or hacking will result in your site being shut down
and all your files deleted without warning.
ReserveHost will be the sole arbiter as
to what constitutes a violation of this provision.
Email Policy:
ReserveHost may not be the source, intermediary, or
destination address involved in the transmission of
any unsolicited email, email bombs, hate email, or any
mass email. Your email account may not be referenced
as originator, intermediary, or reply-to address of
such email. We consider mass email any email message
sent to more than 25 email addresses or more than 10
news groups.
CGI Scripts Policy:
Each account comes with its own cgi-bin. You are free
to use any CGI scripts you wish, except for chat rooms
or similar scripts, Ikonboard, and or UBB discussion
boards. We reserve the right to disable any CGI script
that affects normal server operation or service to other
ReserveHost customers. You will be notified in 24 hours
about offending cgi script.
Chat Policy:
ReserveHost does not allow chat rooms. You can however
link your site to a chat provider. Some examples of
chat providers are: www.humanclick.com, www.liveperson.com,
and www.livehumanhelp.com.
Traffic Policy:
ReserveHost allows for very generous traffic, and most
sites never exceed 500MB per month, unless they offer
shareware, sound, video, image and multimedia archives,
are mirror sites or any site whose primary purpose is
file distribution. ReserveHost customers are discouraged
from storing any files that cause excessive traffic
on ReserveHost servers. Please contact ReserveHost Technical
Support team for more information. Again, 99% of the
sites do not fall into this category and never reach
our traffic limits.
We reserve the right to refuse service
to anyone for any reason not prohibited by law. Also
we reserve the right to terminate service to any customer
for any reason not prohibited by law.
Any deliberate attempt to cause damage
to ReserveHost or any other Internet servers will result
in immediate account deactivation without prior notice.
No refund is given in this case.
All account plans come with a predetermined
amount of traffic allowance. We monitor all accounts
and bill extra for each gig of traffic exceeded. You
will NOT be charged for transfer that you use beyond
our generous data transfer limits without prior notification.
You can monitor your transfer at anytime in your Control
Panel.
Backups:
Full backups are made weekly, and backups of new/changed
data made nightly. No guarantees are made of any kind,
either expressed or implied, as to the integrity of
these backups. Backups are made for server restoration
purposes only. It is the clients' responsibility to
maintain local copies of their web content and information.
The "Backup Manager" is included in each hosting
plan and client can use this tool to back up their files.
If loss of data occurs due to an error of ReserveHost,
we will attempt to recover the date for no charge to
the client. If data loss occurs due to negligence of
client in securing their account or by an action of
the client, ReserveHost will attempt to recover the
data from the most recent archive for a $60.00 fee.
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