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IMPORTANT NOTICE: *All Hosting accounts come
with a 30 day money back guarantee.
Cheaper Website Hosting, Inc. ("The Company") agrees to furnish services to the
Subscriber, subject to the following TOS (Terms of Service).
Use of Cheaper Website Hosting Service constitutes acceptance and agreement to
Cheaper Website Hosting's AUP as well as Cheaper Website
Hosting's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Cheaper
Website Hosting, Inc. and AUP (Acceptable Use Policy).
The AUP may be changed from time to time at the discretion
of the Company. Subscriber understands that change to the AUP by the Company shall
not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws
of the state of Florida, county of St. Lucie applicable to contracts enforceable
in that state. Venue will be St. Lucie, Florida
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Disclosure to Law Enforcement: The AUP
specifically prohibits the use of our service for illegal activities. Therefore,
Subscriber agrees that the Company may disclose any and all subscriber information
including assigned IP numbers, account history, account use, etc. to any law enforcement
agent who makes a written request without further consent or notification to the
Subscriber. In addition Cheaper Website Hosting shall have the right to terminate
all service set forth in this Agreement.
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Service Rates: Subscriber acknowledges that the nature
of the service furnished and the initial rates and charges have been communicated
to Subscriber. Subscriber is aware that the Company may prospectively change the
specified rates and charges from time to time. The promotional offer is contingent
upon Company achieving and maintaining its cost of service goals including but
not limited to rates charged to company by its suppliers.
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Payment: Establishment of this service is dependent
upon receipt by the Company of payment of stated charges. Subsequent payments
are due on the anniversary date of the month for that month's service.
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Payments and Fees: Credit cards that are declined for
any reason are subject to a $1.00 declination fee. Service will be interrupted
on accounts that reach 10 days past due. Service interrupted for nonpayment is
subject to a $200 reconnect charge. Accounts not paid by due date are subject
to a $7.95 late fee. Accounts that are not collectable by Cheaper Website Hosting
may be turned over to an outside collection agency for collection. If your account
is turned over for collection, you agree to pay the company a "Processing and
Collection" Fee of not less than $50 nor more than $150. If you desire to cancel
your account, please follow the proper procedure to do this as outlined in this
TOS.
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Refund and Disputes: All payments to Cheaper Website
Hosting, Inc. are nonrefundable. This does NOT include the one time setup fee
and the first month's charges. All overcharges or billing disputes must be reported
within 60 days of the time the dispute occurred. If you dispute a charge to your
credit card issuer that, in Cheaper Website Hosting's sole discretion is a valid
charge under the provisions of the TOS and /or AUP, you agree to pay Cheaper Website
Hosting an "Administrative Fee" of not less than $50 and not more than $150.
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Failure to Pay: The Company may temporarily deny service
or terminate this Agreement upon the failure of Subscriber to pay charges when
due. Such termination or denial will not relieve Subscriber of responsibility
for the payment of all accrued charges, plus reasonable interest and any collection
fees.
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Account Cancellation: All requests for canceling accounts
must be made to cs@cheaperwebsitehosting.com
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Subscriber acknowledges that the service provided is of
such a nature that service can be interrupted for many reasons other than the
negligence of the company and that damages resulting from any interruption of
service are difficult to ascertain. Therefore, subscriber agrees that the company
shall not be liable for any damages arising from such causes beyond the direct
and exclusive control of the company. Subscriber further acknowledges that the
company's liability for its own negligence may not in any event exceed an amount
equivalent to charges payable by subscriber for services during the period damages
occurred. In no event shall the company be liable for any special or consequential
damages, loss or injury.
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New Domain Accounts: All new webhosting accounts involving
new domains will be set up and entered into our DNS servers within 3 to 5 business
days. Due to unforeseen complications, however, this process may sometimes require
up to 7 business days. If the new domain is registered by the account holder,
there will be no handling fee. If the domain is registered by Cheaper Website
Hosting, Inc. on behalf of the account holder a handling fee will be incurred.
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Transfer of Domains: New webhosting accounts which involve
the transfer of a domain from another provider to Cheaper Website Hosting, Inc.
will require a minimum of seven (7) days to be set up and entered into our DNS
servers. In some cases, such transfers may take up to sixty (60) days. Due to
the unpredictable nature of the transfer process, no guarantees are made regarding
the amount of time a specific transfer may take. If the transfer of the domain
is done by Cheaper Website Hosting, Inc. on behalf of the account holder a handling
fee will be incurred. If the customer cancels service during the transfer period
for any reason, all charges are considered earned.
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Support Boundaries: Cheaper Website Hosting, provides
24 x 7 technical support to our subscribers (except for few holidays and short
company meetings when we close our center.) We limit our technical support to
our area of expertise. The following is our guidelines when providing support:
Cheaper Website Hosting provides support related to your server or virtual site
physical functioning. Cheaper Website Hosting does not offer tech support for
application specific issues such as cgi programming, html or any other such issue.
Cheaper Website Hosting does not provide technical support for YOUR customers.
If you can email, we encourage you to email support@cheaperwebsitehosting.com
for assistance. Lastly, the Help files in the program you are using may have the
answer to your question so please do investigate these resources before calling
tech support.
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SPAM and Unsolicited Commercial Email (UCE): Cheaper
Website Hosting takes a zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our network. Very simply this means that customers
of Cheaper Website Hosting may not use or permit others to use our network to
transact in UCE. Customers of Cheaper Website Hosting may not host, or permit
hosting of, sites or information that is advertised by UCE from other networks.
Violations of this policy carry severe penalties, including termination of service.
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Violation of Cheaper Website Hosting's SPAM policy will result
in severe penalties. Upon notification of an alleged violation of our SPAM policy,
Cheaper Website Hosting will initiate an immediate investigation (within 48 hours
of notification). During the investigation, Cheaper Website Hosting may restrict
customer access to the network to prevent further violations. If a customer is
found to be in violation of our SPAM policy, Cheaper Website Hosting may, at its
sole discretion, restrict, suspend or terminate customer's account. Further, Cheaper
Website Hosting reserves the right to pursue civil remedies for any costs associated
with the investigation of a substantiated policy violation. Cheaper Website Hosting
will notify law enforcement officials if the violation is believed to be a criminal
offense.
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First violations of this policy will result in an "Administrative
Fee" of $250 and your account will be reviewed for possible immediate termination.
A second violation will result in an "Administrative Fee" of $500 and immediate
termination of your account. Users who violate this policy agree that in addition
to these "Administrative" penalties, they will pay "Research Fees" not to exceed
$175 per hour that Cheaper Website Hosting personnel must spend to investigate
the matter. PLEASE, DO NOT SPAM from your account.
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As our Customers are ultimately responsible for the actions
of their clients over the Cheaper Website Hosting network, it is advisable that
Customers develop a similar, or stricter, policy for their clients.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server
that support spammers or cause any of our IP space to be listed in any of the
various Spam Databases will have their server immediately removed from our network.
The server will not be reconnected until such time that you agree to remove ANY
and ALL traces of the offending material immediately upon reconnection
and agree to allow us access to the server to confirm that all material has been
COMPLETELY removed. Severe violations may result in immediate and permanent
removal of the server from our network without notice to the customer. Any server
guilty of a second violation WILL be immediately and permanently removed
from our network without notice.
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Network
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IP Address Ownership: If Cheaper Website Hosting assigns
Customer an Internet Protocol address for Customer's use, the right to use that
Internet Protocol address shall belong only to Cheaper Website Hosting, and Customer
shall have no right to use that Internet Protocol address except as permitted
by Cheaper Website Hosting in its sole discretion in connection with the Services,
during the term of this Agreement. Cheaper Website Hosting shall maintain and
control ownership of all Internet Protocol numbers and addresses that may be assigned
to Customer by Cheaper Website Hosting, and Cheaper Website Hosting reserves the
right to change or remove any and all such Internet Protocol numbers and addresses,
in its sole and absolute discretion. Our allocation of IP addresses is limited
by ARIN's new policies. These new policies state that use of IP addresses for
IP based virtual hosts will not be accepted as justification for new IP addresses.
What this means to you is that you MUST use name-based hosting where possible.
We will periodically review IP address usage, and if we find that clients are
using IP addresses where name-based hosting could be used, we will revoke authorization
to use those IP addresses that could be used with name-based hosting.
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Bandwidth and Disk Usage: Customer agrees that bandwidth
and disk usage shall not exceed the number of megabytes per month for the Services
ordered by Customer on the Order Form (the "Agreed Usage"). Cheaper Website Hosting
will monitor Customer's bandwidth and disk usage. Cheaper Website Hosting shall
have the right to take corrective action if Customer's bandwidth or disk usage
exceeds the Agreed Usage. Such corrective action may include the assessment of
additional charges, disconnection or discontinuance of any and all Services, or
termination of this Agreement, which actions may be taken is in Cheaper Website
Hosting's sole and absolute discretion. If Cheaper Website Hosting takes any corrective
action under this section, Customer shall not be entitled to a refund of any fees
paid in advance prior to such action. In the event that a customer exceeds
the included allocation, Cheaper Website Hosting may, at its sole discretion,
collect a deposit, in an amount determined by Cheaper Website Hosting, against
customer's credit card on file with Cheaper Website Hosting.
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System and Network Security: Users are prohibited from
violating or attempting to violate the security of the Cheaper Website Hosting
Network. Violations of system or network security may result in civil or criminal
liability. Cheaper Website Hosting will investigate occurrences, which may involve
such violations and may involve, and cooperate with, law enforcement authorities
in prosecuting Users who are involved in such violations. These violations include,
without limitation:
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Accessing data not intended for such User or logging into a
server or account, which such User is not authorized to access.
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Attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without proper authorization.
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Attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading, "flooding", "mail bombing"
or "crashing".
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Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
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Taking any action in order to obtain services to which such
User is not entitled.
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Notification of Violation:
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Cheaper Website Hosting is under no duty to look at each customer's
or user's activities to determine if a violation of the AUP
has occurred, nor do we assume any responsibility through our AUP to monitor or
police Internet-related activities.
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First violation: Any User, which Cheaper Website Hosting determines
to have violated any element of this Acceptable Use Policy,
shall receive an email, warning them of the violation. The service may be subject
at Cheaper Website Hosting's discretion to a temporary suspension pending a User's
agreement in writing, to refrain from any further violations.
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Second Violation: Users that Cheaper Website Hosting determines
to have committed a second violation of any element of this Acceptable Use Policy
shall be subject to immediate suspension or termination of service without further
notice.
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We reserve the right, to drop the section of IP space involved
in Spam or Denial-of-Service complaints if it is clear that the offending activity
is causing great harm to parties on the Internet. In particular, if open relays
are on your network or a customer's network, or if denial of service attacks are
originating from your network. In certain rare cases, we may have to do this before
attempting to contact you. If we do this, we will contact you as soon as is feasible.
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Suspension of Service or Cancellation: Cheaper Website
Hosting reserves the right to suspend network access to any customer if in the
judgment of the Cheaper Website Hosting network administrators the customer's
server is the source or target of the violation of any of the other terms of the
AUP or for any other reason which Cheaper Website Hosting
chooses. If inappropriate activity is detected, all accounts of the Customer in
question will be deactivated until an investigation is complete. Prior notification
to the Customer is not assured. In extreme cases, law enforcement will be contacted
regarding the activity. The customer will not be credited for the time the customer's
machines were suspended.
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Cheaper Website Hosting reserves the right to amend its policies
at any time. All Sub-Networks, resellers and managed servers of Cheaper Website
Hosting must adhere to the above policies. Failure to follow any term or condition
will be grounds for immediate Cancellation. You will be held responsible for the
actions of your clients in the matter described on these Terms and conditions.
Therefore, it is in your best interest to implement a similar or stricter Terms
and conditions or otherwise called Acceptable Terms of use policy.
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Indemnification: Cheaper Website Hosting wishes to emphasize
that in agreeing to the Cheaper Website Hosting Acceptable
Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Cheaper
Website Hosting for any violation of the Acceptable Use Policy
(AUP) and Terms of Service (ToS) that results in loss to Cheaper Website Hosting
or the bringing of any claim against Cheaper Website Hosting by any third-party.
This means that if Cheaper Website Hosting is sued because of a customer's or
a customer of a customer's activity, the customer will pay any damages awarded
against Cheaper Website Hosting, plus all costs and attorney's fees.
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Miscellaneous Provisions: You must provide us with,
and keep current, good contact information for you. E-mail, fax, and telephone
contacts are used, in that order of preference.
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A waiver by the Company of any breach of any provision of this
Agreement by Subscriber shall not operate as or be construed as a continuing or
subsequent waiver thereof or as a waiver of any breach of any other provision
thereof.
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Subscriber shall not transfer or assign this Agreement without
the prior written consent of the Company. Company may assign Agreement at anytime
without consent from or notice to Subscriber. Company reserves right to cancel
customers rights under this contract at anytime without further obligation.
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Cheaper Website Hosting takes no responsibility for any material
input by others and not posted to the Cheaper Website Hosting Network by Cheaper
Website Hosting. Cheaper Website Hosting is not responsible for the content of
any other websites linked to the Cheaper Website Hosting Network; links are provided
as Internet navigation tools only. Cheaper Website Hosting disclaims any responsibility
for any such inappropriate use and any liability to any person or party for any
other person or party's violation of this policy.
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Cheaper Website Hosting is not responsible for any damages
your business may suffer. Cheaper Website Hosting does not make implied or written
warranties for any of our services. Cheaper Website Hosting denies any warranty
or merchantability for a specific purpose. This includes loss of data resulting
from delays, non-deliveries, wrong delivery, and any and all service interruptions
caused by Cheaper Website Hosting.
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It is absolutely forbidden to host IRC servers on Virtual Server
Accounts. Virtual Server Accounts found hosting this material will be subject
to immediate cancellation without refund.
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Responsibility for Content: You, as Cheaper Website
Hosting's customer, are solely responsible for the content stored on and served
by your Cheaper Website Hosting's virtual server.
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