30 Days Money Back Guarantee
Advertising and Marketing, SEO,
Web Designing, Domains,
WHEREAS, SpeediaHost Web Hosting is an information provider connected to
the Internet SpeediaHost Web Hosting offers storage and transfer services
over the Internet through access to its Web Server;
WHEREAS, Customer seeks to utilize SpeediaHost
Web Hosting's server for its own purposes;
WHEREAS, the parties acknowledge that the
Internet is neither owned nor controlled by any one entity; therefore,
SpeediaHost Web Hosting can make no guarantee that any given reader shall
be able to access SpeediaHost Web Hosting's server at any given time.
SpeediaHost Web Hosting represents that it shall
make every good faith effort to ensure that its server is available as
widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows;
Customer agrees to a thirty (30) day
contract minimum or six (6) or twelve (12) or
twenty-four (24) month contract depending on length of
pre-payment), beginning upon commencement of service.
At the end of the contract term, the
contract will automatically renew for successive thirty (30) day
periods or six (6) or twelve (12) or twenty-four (24) month
periods, depending on length of pre-payment) indefinitely until
canceled in writing or via the web panel. After the first 30 days a canceled account will be canceled
before the next payment is due and no more billing will occur
nor will any payment be refunded, even for unused portions.
"30-Day Money-Back Guarantee" offer only
applicable to credit card payments for shared web hosting. Other
forms of payment are non-refundable. Domain registrations (including the value of
any used free domain registrations included with the plan) are
not refundable under any circumstances. See domain registration
agreement for more information.
Violations of SpeediaHost's Terms of
Service or Spam Policy may, at SpeediaHost's discretion, result in
immediate and permanent disablement without refund.
Disputed charges ("chargebacks")
associated with any SpeediaHost account may, at SpeediaHost's
discretion, result in immediate and permanent disablement.
SpeediaHost Web Hosting shall not be
liable for any taxes or other fees to be paid in accordance with
or related to purchases made from Customer or SpeediaHost Web
Hosting's server. Customer agrees to take full responsibility
for all taxes and fees of any nature associated with such
Customer will provide SpeediaHost Web
Hosting with material and data in a condition that is
"server-ready", which is in a form requiring no additional
manipulation on the part of SpeediaHost Web Hosting. SpeediaHost Web
Hosting shall make no effort to validate this information for
content, correctness or usability.
Use of SpeediaHost Web Hosting's service
requires a certain level of knowledge in the use of Internet
languages, protocols, and software. This level of knowledge
varies depending on the anticipated use and desired content of
Customer's Webspace by the Customer.
The following examples are offered:
Web Publishing: requires a knowledge
of HTML, properly locating and linking documents, FTPing
Webspace contents, Graphics, text, Sound, imagemapping, etc.
CGI-Scripts: requires a knowledge of
the UNIX environment, TAR & GUNZIP commands, Perl, CShell
scripts, permissions, etc.
The Customer agrees that he or she has
the necessary knowledge to create Customer's Webspace. Customer
agrees that it is not the responsibility of SpeediaHost Web
Hosting to provide this knowledge or Customer Support outside of
the defined service of SpeediaHost Web Hosting.
SpeediaHost Web Hosting will exercise no
control whatsoever over the content of the information passing
through the network.
The customer agrees to make use of
SpeediaHost Web Hosting servers primarily for the purpose of
hosting a website, and associated email functions. Data uploaded
must be primarily for this purpose.. SpeediaHost Web Hosting
servers are not intended as a data backup or archiving service.
SpeediaHost Web Hosting reserves the right to negotiate additional
charges with the Customer and/or the discontinuation of the
backups/archives at their discretion. If you exceed your
allocated transfer bandwidth for a month, you will be billed at
the rate of $2 per additional 1GB.
Servers are shared with other customers,
and as such IRC-related activities or severely CPU intensive CGI
scripts (e.g. chat scripts, scripts which have bugs causing them
to not close properly after being run, etc.) are not encouraged.
Any application that listens for inbound network connections
(even if the application would otherwise be allowed) are not
permitted. BitTorrent clients, proxy servers/scripts, IRC bots
and bouncers (BNC) specifically may not be run on any SpeediaHost
Web Hosting server. If your processes are adversely affecting
server performance disproportionately SpeediaHost Web Hosting
reserves the right to negotiate additional charges with the
Customer and/or the discontinuation of the offending processes.
Customer agrees to not engage in
activities pertaining to Black Hat SEO, Spamdexing, and
so-called "Scraper sites." These can all have a severely
detrimental effect on server performance and are not permitted.
The Customer agrees to hold only one (1)
active web hosting service plan at any given time with SpeediaHost
Web Hosting. Signing up for multiple plans is grounds for
termination of all plans, including the first one, without
SpeediaHost Web Hosting makes no
warranties or representations of any kind, whether expressed or
implied for the service it is providing. SpeediaHost Web Hosting
also disclaims any warranty of merchant-ability or fitness for a
particular purpose and will not be responsible for any damages
that may be suffered by the Customer, including loss of data
resulting from delays, non-deliveries or service interruptions
by any cause or errors or omissions of the Customer. Use of any
information obtained by way of SpeediaHost Web Hosting is at the
Customer's own risk, and SpeediaHost Web Hosting specifically
denies any responsibility for the accuracy or quality of
information obtained through its services. Connection speed
represents the speed of a connection to and do not represent
guarantees of available end to end bandwidth. SpeediaHost Web
Hosting expressly limits its damages to the Customer for any
non-accessibility time or other down time to the pro-rata
monthly charge during the system unavailability.
SpeediaHost Web Hosting specifically
denies any responsibilities for any damages arising as a
consequence of such unavailability. In the event that this
material is not "Server-ready", SpeediaHost Web Hosting may, at
its option and at any time, reject this material, including but
not limited to after it has been put on SpeediaHost Web Hosting's
Server. SpeediaHost Web Hosting agrees to notify Customer
immediately of its refusal of the material and afford Customer
the opportunity to amend or modify the material to satisfy the
needs and/or requirements of SpeediaHost Web Hosting. If the
Customer fails to modify the material, as directed by SpeediaHost
Web Hosting, within a reasonable period of time, which shall be
determined between the parties themselves, the contract shall be
deemed to be terminated.
All domain names registered through
SpeediaHost or its previous domain registration site,
domainitron.com, that are 'parked' or are otherwise not
immediately associated with a SpeediaHost hosting plan will be
automatically pointed to a "Coming Soon" web page which informs
visitors that the registrant has recently registered their
domain name via SpeediaHost.com. The Coming Soon web page may be
modified at any time by SpeediaHost without prior notice to you
and may include such things as, without limitation, links to
additional products and services offered by SpeediaHost.
Customer warrants that it has the right
to use the applicable trademarks, if any.
EQUIPMENT, & SOFTWARE
The customer is responsible for and must
provide all telephone, computer, hardware and software equipment
and services necessary to access SpeediaHost Web Hosting.
SpeediaHost Web Hosting makes no
representations, warranties or assurances that the Customer's
equipment will be compatible with the SpeediaHost Web Hosting
DEDICATED SERVER STIPULATIONS
Bandwidth pricing and measurement
frequency is subject to change at SpeediaHost's discretion.
Customers affected by such changes will be notified no less than
thirty (30) days in advance by SpeediaHost Web Hosting.
SpeediaHost is under no obligation to
compensate Customer for downtime, whether the downtime be caused
by Customer, SpeediaHost Web Hosting, or SpeediaHost's upstream
Customer agrees that dedicated server
payments are NONREFUNDABLE. For example, if Customer submits
payment for twelve (12) months of service, service will be
provided for twelve (12) months and will not be refunded if
customer chooses to discontinue service with SpeediaHost mid-way
through the term.
Hardware upgrades to an existing
'platform' (platform defined as a motherboard/chassis
combination) will be performed by SpeediaHost and shall incur an
additional one-time labor fee of $100 as well as an increase to
Customer's standard monthly rate.
SpeediaHost reserves the right to alter
the dedicated server packages advertised on its website at its
discretion. SpeediaHost is not required to upgrade Customers'
hardware or bandwidth allocation as a result of a pricing or
service package change. There will be an additional charge of
$200 associated for any such hardware upgrade requested by
Customer. Customer will not be required to upgrade hardware as a
result of a pricing change.
For managed servers using a "DreamCatcher"
monitoring option, SpeediaHost is responsible for the security of
the network, the kernel, and the base operating system (defined
as the standard set of debian packages that come installed with
the server). SpeediaHost may take any steps it deems necessary at
any time to protect the security of your server (this generally
includes applying security patches as well upgrading the entire
For unmanaged servers not using a "DreamCatcher"
monitoring option, Customer is responsible for keeping the
security of their system up to date. This includes but is not
limited to the following requirements:
the kernel will be patched within 7
days of any announced security hole relating to the kernel
any security patches for all
installed software must be applied within 7 days of their
general announcement to the security community at large.
SpeediaHost is not responsible for
notifying unmanaged servers of the need to apply patches.
Failure to comply with these requirements is grounds for
termination of contract without refund. SpeediaHost reserves the
right to take any action upon unmanaged dedicated servers it
deems necessary at any time to protect the security and
integrity of SpeediaHost's network.
The Customer certifies that he or she is
at least 18 years of age, or that their parent or legal guardian
will act as the "customer" in terms of this contract.
Electronic forums such as mail
distribution lists and Usenet news groups all have expectations
regarding subject area and appropriate etiquette for posting.
Users of these forums should be considerate of the expectations
and sensitivities of others on the network when posting material
for electronic distribution. The network resources of SpeediaHost
Web Hosting may not be used to impersonate another person or
misrepresent authorization to act on behalf of others or
SpeediaHost Web Hosting. All messages transmitted via SpeediaHost
Web Hosting should correctly identify the sender; users may not
alter the attribution of origin in electronic mail messages or
Users must not attempt to undermine the
security or integrity of computing systems or networks and must
not attempt to gain unauthorized access. This includes (but is
not limited to) such things as port scanning of either SpeediaHost
or external computers and Denial Of Service attacks of any kind.
For more information on acceptable
practices for bulk email, the use of copyrighted materials,
trademarks, and more, please see
This contract may be terminated by
either party, without cause, by giving the other party 14 days
written notice. SpeediaHost Web Hosting will accept termination by
electronic mail. Notwithstanding the above, SpeediaHost Web
Hosting may terminate service under this contract at any time,
without penalty, if the Customer fails to comply with the terms
of this contract, including non-payment. SpeediaHost Web Hosting
reserves the right to charge a reinstatement fee.
Customer expressly agrees that use of
SpeediaHost Web Hosting's Server is at Customer's sole risk.
Neither SpeediaHost Web Hosting, its employees, affiliates,
agents, third party information providers, merchants licensers
or the like, warrant that SpeediaHost Web Hosting's Server service
will not be interrupted or error free; nor do they make any
warranty as to the results that may be obtained from the use of
the Server service or as to the accuracy, reliability or content
of any information service or merchandise contained in or
provided through the SpeediaHost Web Hosting Server service,
unless otherwise expressly stated in this contract.
Under no circumstances, including
negligence, shall SpeediaHost Web Hosting, its offices, agents or
any one else involved in creating, producing or distributing
SpeediaHost Web Hosting's Server service be liable for any direct,
indirect, incidental, special or consequential damages that
result from the use of or inability to use the SpeediaHost Web
Hosting Server service; or that results from mistakes,
omissions, interruptions, deletion of files, errors, defects,
delays in operation, or transmission or any failure of
performance, whether or not limited to acts of God,
communication failure, theft, destruction or unauthorized access
to SpeediaHost Web Hosting's records, programs or services.
Customer hereby acknowledges that this paragraph shall apply to
all content on SpeediaHost Web Hosting's Server service.
Notwithstanding the above, Customer's
exclusive remedies for all damages, losses and causes of actions
whether in contract, tort including negligence or otherwise,
shall not exceed the aggregate amount which Customer paid during
the term of this contract and any reasonable legal fee and court
Customer may only use SpeediaHost Web
Hosting's Server for lawful purpose. Transmission of any
material in violation of any Country, Federal, State or Local
regulation is prohibited. To this effect, child pornography is
strictly prohibited as well as housing any copyrighted
information (to which the customer does not hold the copyright)
on SpeediaHost Web Hosting's Server.
Customer agrees to not have any
content on their site that advocates, sells or in any way makes
available tools or methods to send unsolicited e-mail or usenet
postings (spam), or to use SpeediaHost Web Hosting's Servers for
relaying unsolicited e-mail or usenet postings, or to use
unsolicited e-mail or usenet postings to advertise for their
site hosted at SpeediaHost. Any complaint we receive about a
violation of this or the preceding two points will be taken very
seriously and will result in immediate account cancellation
without a refund.
Customer agrees that it shall defend,
indemnify, save and hold SpeediaHost Web Hosting harmless from any
and all demands, liabilities, losses, costs and claims,
including reasonable attorneys' fees, ("Liabilities") asserted
against SpeediaHost Web Hosting, its agents, its customers,
servants 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 SpeediaHost
Web Hosting against Liabilities arising out of
any injury to person or property
caused by any products sold or otherwise distributed in
connection with SpeediaHost Web Hosting's Server;
any material supplied by Customer
infringing or allegedly infringing on the proprietary rights
of a third party;
any defective product which Customer
sold on SpeediaHost Web Hosting Server
Revisions to this Contract will be
applicable to previous Contracts
Revisions will be considered agreed to
by the Customer on renewal of service as specified in Section -
Customer may not transfer this contract
without the written consent of SpeediaHost Web Hosting.
These Terms and Conditions constitutes
the entire Contract and understanding of the parties.
Any changes or modifications to these
Terms and Conditions of Contract thereto are agreed to by the
both parties upon renewal of services.