Webhosting Terms of Service
The use of services from
Core Computer Services, LLC [hereafter referred to as "Core Computer
Services"] constitutes agreement to these terms.
1.) Account Setup / Email
on file
We will setup your account after we have received payment and we and/or
our payment partner(s) have screened the order(s) in case of fraud. It
is your responsibility to provide us with an email address which is not
@ the domain(s) you are signing up under. If there is ever an abuse
issue or we need to contact you, the primary email address on file will
be used for this purpose. It is your responsibility to ensure the email
address on file is current or up to date at all times. If you have a
domain name registered with Core Computer Services, it is your
responsibility to ensure that the contact information for your domain
account and your actual domain name(s) is correct and up-to-date. Core
Computer Services is not responsible for a lapsed registration due to
outdated contact information being associated with the domain. If you
need to verify or change this information, you should contact our sales
team via email. Providing false contact information of any kind may
result in the termination of your account. In dedicated server purchases
or high risk transactions, it will be necessary to provide government
issued identification and possibly a scan of the credit card used for
the purchase. If you fail to meet these requirements, the order may be
considered fraudulent in nature and be denied.
2.) Content
All services provided by Core Computer Services may only be used for
lawful purposes. The laws of the State of Florida, the State of Texas,
and the United States of America apply.
The customer agrees to
indemnify and hold harmless Core Computer Services from any claims
resulting from the use of our services.
Use of our services to
infringe upon any copyright or trademark is prohibited. This includes
but is not limited to unauthorized copying of music, books, photographs,
or any other copyrighted work. The offer of sale of any counterfeit
merchandise of a trademark holder will result in the immediate
termination of your account. Any account found to be in violation of
anothers copyright will be expeditiously removed, or access to the
material disabled. Any account found to be in repeated violation of
copyright laws will be suspended and/or terminated from our hosting. If
you believe that your copyright or trademark is being infringed upon,
please email abuse@corecomputerservices.net with the information
required. If the request is of a licensing issue, we may require further
documentation.
Using an account as a
backup/storage device is not permitted,
with the exception of one cPanel backup of the same account. Please do
not take backups of your backups.
Examples of unacceptable
material include:
Topsites
IRC Scripts/Bots
Proxy Scripts/Anonymizers
Pirated Software/Warez
Image Hosting Scripts (similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden
Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate
permit(s)
Prime Banks Programs
Lottery/Gambling Sites
MUDs/RPGs/PBBGs
Hateful/Racist/Harassment oriented sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal
content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at
aa419.org & escrow-fraud.com)
Mailer Pro
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA,
NFL, MLB, NBA, WWE, WWF, etc)
Core Computer Services
services, including all related equipment, networks and network devices
are provided only for authorized customer use. Core Computer Services
systems may be monitored for all lawful purposes, including to ensure
that use is authorized, for management of the system, to facilitate
protection against unauthorized access, and to verify security
procedures, survivability, and operational security. During monitoring,
information may be examined, recorded, copied and used for authorized
purposes. Use of Core Computer Services system(s) constitutes consent to
monitoring for these purposes.
Any account found
connecting to a third party network or system without authorization from
the third party is subject to suspension. Access to networks or systems
outside of your direct control must be with expressed written consent
from the third party. Core Computer Services may, at its discretion,
request and require documentation to prove access to a third party
network or system is authorized.
We reserve the right to
refuse service to anyone. Any material that, in our judgment, is
obscene, threatening, illegal, or violates our terms of service in any
manner may be removed from our servers (or otherwise disabled), with or
without notice.
Failure to respond to email
from our abuse department within 48 hours may result in the suspension
or termination of your services. All abuse issues must be dealt with via
troubleticket/email and will have a response within 48 hours.
Sites hosted on Core
Computer Services service(s) are regulated only by U.S. law. Given this
fact, and pursuant to Section 230(c) of the Communications Decency Act,
we do not remove allegedly defamatory material from domains hosted on
our service(s). The only exception to this rule is if the material has
been found to be defamatory by a court, as evidenced by a court order.
Core Computer Services is not in a position to investigate and validate
or invalidate the veracity of individual defamation claims, which is why
we rely on the legal system and courts to determine whether or not
material is indeed considered defamatory. In any case in which a court
order indicates material is defamatory, libelous, or slanderous in
nature; we will disable access to the material. Similarly, in any case
in which a US Court has placed an injunction against specified content
or material; we will comply and remove or disable access to the material
in question.
The language of Section
230(c) of the Communications Decency Act fundamentally states that
Internet services providers like Core Computer Services and many of Core
Computer Services other webhosting services and brands are republishers
and not the publisher of content. Our service merely provides a hosting
platform and space on which to host content, and any creation or
publication of content on our services is the sole responsibility of the
third-party user which creates or publishes the content. Therefore, Core
Computer Services should not be held liable for any allegedly
defamatory, offensive or harassing content published on sites hosted
under Core Computer Services webhosting service(s).
If in doubt regarding the
acceptability of your site or service, please contact us at
abuse@corecomputerservices.net and we will be happy to assist you.
Potential harm to minors is
strictly forbidden, including but not limited to child pornography or
content perceived to be child pornography (Lolita):
Any site found to host
child pornography or linking to child pornography will be suspended
immediately without notice.
Direct customers: Your
services will be terminated with or without notice.
Violations will be reported
to the appropriate law enforcement agency.
It is your responsibility
to ensure that scripts/programs installed under your account are secure
and permissions of directories are set properly, regardless of
installation method. When at all possible, set permissions on most
directories to 755 or as restrictive as possible. Users are ultimately
responsible for all actions taken under their account. This includes the
compromise of credentials such as user name and password. It is required
that you use a secure password. If a weak password is used, your account
may be suspended until you agree to use a more secure password. Audits
may be done to prevent weak passwords from being used. If an audit is
performed, and your password is found to be weak, we will notify you and
allow time for you to change/update your password.
3.) Zero Tolerance Spam
Policy
We take a zero tolerance stance against sending of unsolicited e-mail,
bulk emailing, and spam. "Safe lists" and purchased lists will be
treated as spam. Any user who sends out spam will have their account
terminated with or without notice.
Sites advertised via SPAM
(Spamvertised) may not be hosted on our servers. This provision
includes, but is not limited to SPAM sent via fax, phone, email, instant
messaging, or usenet/newsgroups. No organization or entity listed in the
ROKSO may be hosted on our
servers. Any account which results in our IP space being blacklisted
will be immediately suspended and/or terminated.
Core Computer Services
reserves the right to require changes or disable as necessary any web
site, account, database, or other component that does not comply with
its established policies, or to make any such modifications in an
emergency at its sole discretion.
Core Computer Services
reserves the right to charge the holder of the account used to send any
unsolicited e-mail a clean up fee or any charges incurred for blacklist
removal. This cost of the clean up fee is entirely at the discretion of
Core Computer Services.
4.) Payment Information
You agree to supply appropriate payment for the services received from
Core Computer Services, in advance of the time period during which such
services are provided. You agree that until and unless you notify Core
Computer Services of your desire to cancel any or all services received,
those services will be billed on a recurring basis. This includes when
accounts are suspended. When an account's invoices are paid outside of
the 10 day grace period, invoices will not be automatically generated.
However, after the customer notifies Core Computer Services of his or
intent to resume service, invoices will be manually generated and
payment expected for the time the account was suspended.
Cancellations must be done
in writing via the contact us form on our site. Once we receive your
cancellation and have confirmed all necessary information with you via
e-mail, we will inform you in writing (typically email) that your
account has been canceled. Your cancellation confirmation will contain a
ticket/tracking number in the subject for your reference, and for
verification purposes. You should immediately receive an automatic "Your
request has been received..." email with a tracking number. An employee
will confirm your request (and process your cancellation) shortly
thereafter. If you do not hear back from us, or do not receive the
automatic confirmation email within a few minutes after submitting your
cancellation, please contact us immediately via phone. We require that
cancellations of service are done through the online form to (a) confirm
your identity, (b) confirm in writing you are prepared for all
files/emails to be removed, and (c) document the request. This process
reduces the likelihood of mistakes, fraudulent/malicious requests, and
ensures you are aware that the files, emails, and account may be removed
immediately after a cancellation request is processed.
As a client of Core
Computer Services, it is your responsibility to ensure that your payment
information is up to date, and that all invoices are paid on time. You
agree that until and unless you notify Core Computer Services of your
desire to cancel any or all services received (by the proper means
listed in the appropriate section of the Terms of Service), those
services will be billed on a recurring basis, unless otherwise stated in
writing by Core Computer Services. Core Computer Services reserves the
right to bill your credit card or billing information on file with us.
Core Computer Services provides a 10 day grace period from the time the
invoice is generated and when it must be paid. Any invoice that is
outstanding for 10 days and not paid will result in a $10 late fee
and/or an account suspension until account balance has been paid in
full. The $10 late fee is applied in addition to whatever else is owed
to Core Computer Services for services rendered. Access to the account
will not be restored until payment has been received.
It is the customer's
responsibility to notify our sales team via email at
sales@corecomputerservices.net after paying for a domain renewal and to
ensure the email is received and acted upon. Domain renewal notices and
invoices are provided as a courtesy reminder and Core Computer Services
cannot be held responsible for failure to renew a domain or failure to
notify a customer about a domain's renewal.
Subsequently, domain
renewals are billed and renewed 30 days before the renew date. It is the
customer's responsibility to notify our sales team via email at
sales@corecomputerservices.net for any domain registration cancellation.
No refunds can be given, once a domain is renewed. All domain
registrations, and renewals are final.
Invoices that have been
paid more than once with multiple Paypal Subscriptions can only be added
as credit towards the account and cannot be refunded via Paypal. If you
require assistance with this provision, please contact
sales@corecomputerservices.net
Core Computer Services
reserves the right to change the monthly payment amount and any other
charges at anytime.
5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is ran
on Sunday of each week, overwrites any of our previous backups made, and
only one week of backups are kept. This service is provided to you as a
courtesy. Core Computer Services is not responsible for files and/or
data residing on your account. You agree to take full responsibility for
files and data transferred and to maintain all appropriate backup of
files and data stored on Core Computer Services servers.
6.) Cancellations and
Refunds
Core Computer Services reserves the right to cancel, suspend, or
otherwise restrict access to the account at any time with or without
notice.
Any abuse of our staff in
any medium or format will result in the suspension or termination of
your services.
Customers may cancel at any
time via the contact us form on our site. Core Computer Services gives
you an unconditional 45 day money back guarantee on managed shared
hosting, and reseller solutions for any customer who paid the first
invoice with a credit card or with Paypal.
The following methods of
payments are non-refundable, and refunds will be posted as credit to the
hosting account:
Checks
Money orders
Only first-time accounts
are eligible for a refund. For example, if you've had an account with us
before, canceled and signed up again, you will not be eligible for a
refund or if you have opened a second account with us.
Violations of the Terms of
Service will waive the refund policy.
7a.) Resource Usage
User may not:
1) 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.
2) Run stand-alone, unattended server-side processes at any point in
time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy)
on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat)
network.
5) Run any bit torrent application, tracker, or client. You may link to
legal torrents off-site, but may not host or store them on our shared
servers.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life,
battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be
indexed appropriately.
10) When using PHP include functions for including a local file, include
the local file rather than the URL. Instead of
include("http://yourdomain.com/include.php") use include("include.php")
11) To help reduce usage, do not force html to handle server-side code
(like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting
communications is noticeably more CPU-intensive than unencrypted
communications.
7b.) INODES
The use of more than 250,000 inodes on any shared account may
potentially result in a warning first, and if no action is taken future
suspension. Accounts found to be exceeding the 100,000 inode limit will
automatically be removed from our backup system to avoid over-usage,
however databases will still be backed up. Every file (a webpage, image
file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed
our inode limits are unlikely to be suspended; however, accounts that
constantly create and delete large numbers of files on a regular basis,
have hundreds of thousands of files, or cause file system damage may be
flagged for review and/or suspension. The primary cause of excessive
inodes seems to be due to users leaving their catchall address enabled,
but never checking their primary account mailbox. Over time, tens of
thousands of messages (or more) build up, eventually pushing the account
past our inode limit. To disable your default mailbox, login to cPanel
and choose "Mail", then "Default Address", "Set Default Address", and
then type in: :fail: No such user here.
7c.) Backup Limit
Any shared account using more than 20 gigs of disk space will be removed
from our off site weekly backup with the exception of Databases
continuing to be backed up. All data will continue to be mirrored to a
secondary drive which helps protect against data loss in the event of a
drive failure.
8.) Bandwidth Usage
You are allocated a monthly bandwidth 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
bandwidth is 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 transfer in one
month cannot be carried over to the next month.
9a.) Money back Guarantee
Each of Core Computer
Services managed shared servers carry a 45 day unconditional money back
guarantee on them. If you are not completely satisfied with our services
within the first 45 days of your service, you will be given a full
refund of the contract amount. Remember, this is only for monthly shared
or reseller packages and does not apply to dedicated servers,
administrative fees, install fees for custom software, or domain name
purchases.
Core Computer Services will
not activate new orders or activate new packages for customers who have
an outstanding balance with Core Computer Services. For a new order to
be setup or a new package to be activated, you must have a balance of
$0.00, unless otherwise stated by Core Computer Services in writing.
9b.) Uptime Guarantee
If your shared server has a
physical downtime that is not within the 99.9% uptime you may receive
one month of credit on your account. Approval of the credit is at the
discretion of Core Computer Services dependent upon justification
provided. Third party monitoring service reports may not be used for
justification due to a variety of factors including the monitor's
network capacity/transit availability. The uptime of the server is
defined as the reported uptime from the operating system and the Apache
Web Server which may differ from the uptime reported by other individual
services. To request a credit, please contact
sales@corecomputerservices.net with justification. All requests must be
made in writing via email. Uptime guarantees only apply to shared
solutions.
10.) Shared Servers
Shared accounts may not resell web hosting to other people, if you wish
to resell hosting you must use a reseller account.
11.) Price Change
The amount you pay for hosting will never increase from the date of
purchase. We reserve the right to change prices listed on Core Computer
Services, and the right to increase the amount of resources given to
plans at any time.
12.) Coupons
Discounts and coupon codes are reserved for first-time accounts *or
first-time customers* only and may not be used towards the purchase of a
domain registration unless otherwise specified. If you have signed up
using a particular domain, you may not resign up for that domain using
another coupon at a later date. Any account found in violation of these
policies will be reviewed by our sales department and the appropriate
invoices will be added to the account. Coupon abuse will not be
tolerated and may result in the suspension or termination of the
account. Coupons or discounts are only valid towards the initial
purchase, and do not affect the renewal or recurring price.
13a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Core
Computer Services harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's fees asserted
against Core Computer Services, 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 Core Computer Services against liabilities arising out of;
(1) any injury to person or property caused by any products sold or
otherwise distributed in connection with Core Computer Services; (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 Core Computer Services
server.
13b.) Arbitration By using any Core Computer Services service, you
agree to submit to binding arbitration. If any disputes or claims arise
against Core Computer Services or its subsidiaries, such disputes will
be handled by an arbitrator of Core Computer Services choice. An
arbitrator from the American Arbitration Association or the National
Arbitration Forum will be selected in the state of Texas. Arbitrators
shall be attorneys or retired judges and shall be selected pursuant to
the applicable rules. All decisions rendered by the arbitrator will be
binding and final. The arbitrator's award is final and binding on all
parties. The Federal Arbitration Act, and not any state arbitration law,
governs all arbitration under this Arbitration Clause. You are also
responsible for any and all costs related to such arbitration.
14.) Disclaimer
Core Computer Services shall not be responsible for any damages your
business may suffer. Core Computer Services makes no warranties of any
kind, expressed or implied for services we provide. Core Computer
Services disclaims 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 Core Computer Services and its employees.
15.) Disclosure to law
enforcement
Core Computer Services may disclose any subscriber information to law
enforcement agencies without further consent or notification to the
subscriber upon lawful request from such agencies. We will cooperate
fully with law enforcement agencies.
16.) Changes to the TOS
Core Computer Services reserves the right to revise its policies at any
time without notice.