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Terms of Service
1.) Account Setup
We will setup your account after we have received
payment and we and/or our payment partner(s) have screened
the order(s) incase of fraud. It is your responsibility to
provide us with an email address which is not @ the
domain(s) you are signing up under. You may receive a
phone call within a 24-48 hour period to determine your
identity.
2.) Content
All services provided by us may only be used for lawful
purposes. This includes, but not limited to: copyrighted
material, material we judge to be threatening or obscene,
pornography. Adult related content is NOT allowed.
Common sense movie rating system with regard to "Adult"
related content. PG13 and below is acceptable. R and above is NOT
acceptable.
Examples of unacceptable material:
Pornography of any sort.
IRC Bots
Warez Sites
Pirated Software
Hate sites
Hack programs and archives
Content "we" personally deem to be unacceptable.
WE DO RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of
unsolicited e-mail, bulk emailing, and spam. "Safe lists"
and "double optin" will be treated as spam. Any user who
sends out spam will have their account terminated without
notice. If you wish to send out bulk emails either
solicited or unsolicited, you must first
contact us
and get authorization of said resource usage of our
servers.
Mass/bulk email definition:
Any email addressed to 10 or more people with
identical content. The exception to this rule is when you
have 10 or more employees in an organization and you need
to send out a notice to said employees. You do have
unlimited use of "normal" email communications.
Mass/bulk email is not "normal".
AOL ACCOUNT HOLDERS READ:
AOL has implemented an anti spam capability that
allows you to mark messages as spam within your aol
email account. Emails that you setup as forwarders
for your hosting account that get forwarded to your aol
email address, if you mark them as "spam", will cause
aol to tag "Stormer Hosting" as the last known "source"
of the spam and not the originator of the spam. DO
NOT use the aol anti spam option if you are going to
forward your email to your aol account. If you do
so and AOL blocks the servers of Stormer Hosting, your
account will be immediately suspended, if not terminated
for ABUSE. A clean up fee may be required for said
abuse.
We reserve 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. We also reserves the right to make any
such modifications in an emergency at our sole discretion.
We reserve the right to charge the holder of the
account used to send any unsolicited OR solicited e-mails a clean up
fee. This cost of the clean up fee is left entirely to the
discretion of Stormer Web Design. All rights reserved.
YAHOO, SBCGLOBAL, ATT,
BELLSOUTH:
These companies randomly and without notice
can and will block email you forward to these email
accounts. It is their attempt to block spam that
may be forwarded to their mail servers. The only
guarantee of receipt of email is if you pop your email
directly off the mail server and NOT forward your email
to your ISP. Mail services such as GMail are an
excellent alternative as it will NOT block any email you
forward to those accounts. Mail forwarders can
then be setup to forward to your ISP from Gmail if you
insist on forwarding your email to your ISP email
account.
4.) Payment Information
You agree to supply appropriate payment for the
services received from us, in advance of the time period
during which such services are provided. You agree that
until and unless you notify Stormer Hosting of your desire
to cancel any or all services received, those services
will be billed on a recurring basis.
We reserve the right to change the monthly, quarterly
and annual payment amount and any other charges at anytime
without notice. We will attempt to give notice, but no
guarantee of said notice is promised.
Charge Backs on Credit Cards:
If you do not, in good faith "first" try to call or
contact us and you do a charge back, your account will be
immediately suspended if not terminated. It is only
courteous to simply "call" and let us know you have a
dispute. Our phone number is clearly listed on your credit
card statement. We "can" solve the dispute for you MUCH
FASTER. We can simply VOID or CREDIT the amount back
to your card. Doing a charge back is RUDE and is an
unacceptable means of doing business. We "can" be
contacted. If a charge back is processed and you
wish to reactivate your account, a late fee of 25.00 will
be charged and a charge back fee of 25.00 will be
processed.
The billing backend is located at:
https://stormerhosting.freshbooks.com
Email invoices will be sent from:
You should white list that email address so it is not
considered spam.
It is your
responsibility to
keep your contact information up to date so that you can
be notified of of a payment due. A ground
mail invoice and an email invoice will be generated on
the 1st of each month an annual renewal is due.
You will receive 3 additional email reminders for a
total of 5 notifications. After which your account
may be suspended or terminated without further notice.
A 25.00 reactivation or late fee may apply to continue
services. Any payment made via check or online via
credit card or paypal will generate an email
notification that your payment has been received.
5.) Backups and Data Loss
Your use of the service is at your sole risk. We are
not responsible for files and data residing on your
account. Reasonable attempts to maintain a 24 hour backup
of your data is standard. However, you agree to take full responsibility for files
and data transferred and to maintain all appropriate
backup of your "own" files and data stored on our servers.
Additional backup services can be ordered by you at a fee
and will be guaranteed.
6.) Cancellation and Refunds
We reserve the right to cancel the account at any time.
Customers may cancel at any time. We give you an
unconditional 30 day money back guarantee on managed
shared hosting, and reseller solution's. Refund requests
after 30 days will be refunded on a prorated basis of any
unused time.
Only first-time accounts are eligible for a refund. For
example, if you've had an account with us before,
cancelled and signed up again, you will not be eligible
for a refund or if you have opened a second account with
us.
No refund is available for dedicated or virtual server
solutions.
7.) Resource Usage
Users may not initiate the following:
a) Use 25% or more of system resources for longer then
90 seconds. There are numerous activities that could cause
such problems; these include: CGI scripts, FTP, PHP, HTTP,
etc.
b) Run any type of interactive real-time chat
applications that require server resources.
Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at
any point in time on the server. This includes any and all
daemons, such as IRCD.
d) Run any software that interfaces with an IRC
(Internet Relay Chat) network.
e) Run any gaming servers such as counter-strike,
half-life, battlefield1492, etc
d) Run any script or program that adversely affects others
on the same server. Dedicated servers being the only
exception.
8.) Bandwidth & Quota Usage
You are allocated a monthly bandwidth and quota allowance. This
allowance varies depending on the hosting package you
purchase. Should your account pass the allocated amount we
reserve the right to suspend the account until the start
of the next allocation, suspend the account until more
resources are purchased at an additional fee, suspend the
account until you upgrade to a higher level of package,
terminate the account and/or charge you an additional fee
for the overages. Unused bandwidth in one month cannot be
carried over to the next month. As a general rule, we will
upgrade your account to the next high level and send out a
prorated invoice to prevent any interruption of your
services.
9.) Money back Guarantee
On "server plans" no full refund will be honored, the 30
day money back guarantee does not apply.
Dansie Cart Ecommerce Hosting Plan: Requires 3 month
commitment to cover cost of cart license. (or $150.00 early termination
fee) After 1 year of hosting the Dansie Cart License belongs to
you. Early termination charge of $35.00 also applies if cancelled
within a year to cover cost of SSL Certificate.
For all
other accounts, see section 6.
10.) Price Change
We reserve the right to change
prices listed on our site, and the right to increase the
amount of resources given to plans at any time. See
also section 4.
11.) Domain Registrations and Renewals if service is
provided.
1. All domains will be initially registered to the
purchaser. This can be changed upon request. 2. Your email
address will not be visible in the whois. 3. You will have
complete access to your domain name to make changes as you
see fit. 4. Renewal notices will be sent out 30 days
prior to expiration, via ground mail and email. 5. You
will receive 3 additional email reminders for a total of 5
notices prior to expiration. 6. You do not need to "host"
the domain with Stormer in order to purchase the domain.
7. All sales are final.
12.) Indemnification
Customer agrees that it shall defend, indemnify, save
and hold us harmless from any and all demands,
liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against us, 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 any liabilities
arising out of; (1) any injury to person or property
caused by any products sold or otherwise distributed in
connection with us; (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 customers from
Stormer Hosting's server.
13.) Disclaimer
We will not be responsible for any damages your
business may suffer. We make no warranties of any kind,
expressed or implied for services we provide. We disclaim
any warranty or merchantability or fitness for a
particular purpose. This includes loss of data resulting
from delays, no deliveries, wrong delivery, and any and
all service interruptions caused by us and our employees.
14.) Changes to the Terms of Service
We reserve the right to revise our policies and Terms of
Service at any time
without notice.
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