Terms of Service:
Cramer Hosting Services is a subsidiary of, and operates
under Cramer Specialty Sales Inc.
The use of services from cramerhosting.com, [hereafter
referred to as "Cramer Hosting Services"] constitutes
agreement to these terms.
You may view our Privacy Policy here.
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 the event 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. 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 Cramer Hosting Services may
only be used for lawful purposes. The laws of the Province of British
Columbia and the Country of Canada, apply.
The customer agrees to indemnify and hold harmless Cramer Hosting
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. If you believe that your
copyright or trademark is being infringed upon, please email abuse@cramerhosting.com
with the information required. A list of required information may be
found here. If the request is of a licensing issue, we may require
further documentation.
Examples of unacceptable material on all Shared and Reseller servers
include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software
/ Warez, image, filedump, mirror, or banner-ad services (similar to
rapidshare, photobucket, or commercial banner ad rotation), topsites,
commercial audio streaming (more than one or two streams), Escrow,
High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX,
egold exchange), sale of any controlled substance without prior proof of
appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture
Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's,
hate sites, hacker focused sites/archives/programs, or sites promoting
illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and
Spam Scripts. Forums and or websites that distribute or link to warez
content are prohibited.
Examples of unacceptable material on Dedicated
servers include:
Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or
related sites, Investment sites (FOREX, egold exchange), sale of any
controlled substance without prior proof of appropriate permit(s),
AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime
Banks Programs, lottery sites, hate sites, hacker focused
sites/archives/programs, or sites promoting illegal activities, IP
Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums
and or websites that distribute or link to warez content are prohibited.
We reserve the right to refuse service to anyone. Any material that, in
our judgment, is obscene or threatening is prohibited and will be
removed from our servers 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.
If in doubt regarding the acceptability of your site or service, please
contact us at abuse@cramerhosting.com 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.
Resellers: we will suspend the site in question and will notify
you so you may terminate the account. We will further monitor your
activity; more than one infraction of this type may result in the
immediate termination of your account.
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 username 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 "double opt-in" 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, 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.
Cramer Hosting 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.
Cramer Hosting Services reserves the right to charge the holder of the
account used to send any unsolicited e-mail a clean up fee. This cost
of the clean up fee is entirely at the discretion of Cramer Hosting
Services.
4.) Payment Information
You agree to supply appropriate payment for the services
received from Cramer Hosting Services, in advance of the time period
during which such services are provided. You agree that until and unless
you notify Cramer Hosting Services of your desire to cancel any or all
services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via the cancellation form
provided. Once we receive your cancellation and have confirmed all
necessary information with you via e-mail, we will inform you that your
account has been canceled. At this time, your account with us has been
canceled. If you do not hear back from us or receive an e-mail
confirming this cancellation, please contact us immediately.
As a client of Cramer Hosting Services, it is your responsibility
to ensure that your payment information is up to date, and that all
invoices are paid on time. Cramer Hosting Services provides a 10 day
grace period from the time the invoice is due and when it must be paid. Any
invoice that is overdue 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.
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@cramerhosting.com
Cramer Hosting Services reserves the right to change the monthly payment
amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. Cramer
Hosting 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 Cramer Hosting Services servers.
6.) Cancellations and Refunds
Cramer Hosting Services reserves the right to cancel 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 a cancellation form. Cramer Hosting
Services gives you an unconditional 45 day money back guarantee on
managed shared hosting, and reseller solution's. There are no refunds on
dedicated servers, administrative fees, install fees for custom
software, or domain name purchases. Refund requests after the intitial
45 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.
Violations of the Terms of Service will waive the refund policy.
7a.) Resource Usage
User may not:
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 stand-alone, unattended server-side processes at
any point in time on the server. This includes any and all daemons, such
as IRCD.
c) Run any type of web spider or indexer (including
Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC
(Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client.
Please note that you may link to torrents off server, but may not host
or store them.
f) Participate in any file-sharing/peer-to-peer
activities
g) Run any gaming servers such as counter-strike,
half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15
minutes
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")
7b.) INODES
The use of more than 50,000 inodes on any shared account
may potentially result in suspension. Accounts found to be exceeding the
50,000 inode limit will automatically be removed from our backup system
to avoid overusage. Every file on your account uses up 1 inode.
Simply exceeding the limit does not constitute grounds for suspension
however accounts that constantly create and delete large numbers of
files on a regular basis or causing file system damage may cause your
account to be flagged for review.
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
On dedicated servers and colocation no full refund will
be honored -- the 30 day money back guarantee does not apply. We reserve
the right to refund a prorated amount or no refund at all.
Each of Cramer Hosting Services's managed shared and reseller servers
carry a 30 day conditional money back guarantee on them. If you are not
completely satisfied with our services within the first 30 days of your
service, you will be given a full refund of the contract amount.
Remember, this is only for monthly shared packages and does not apply to
dedicated servers, administrative fees, install fees for custom
software, or domain name purchases.
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 Cramer Hosting
Services dependant 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@cramerhosting.com with justification. All requests
must be made in writing via email. Uptime guarantees only apply to
shared / reseller solutions. Dedicated servers are covered by a network
guarantee in which the credit is prorated for the amount of time the
server is down which is not related to our uptime guarantee.
10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients.
Cramer Hosting Services does not provide support to our Reseller's
Clients. If a reseller's client contacts us, we reserve the right to
place the client account on hold until the reseller can assume their
responsibility for their client. All support requests must be made by
the reseller on their clients' behalf for security purposes. Resellers
are also responsible for all content stored or transmitted under their
reseller account and the actions of their clients'. Cramer Hosting
Services will hold any reseller responsible for any of their clients
actions that violate the law or the terms of service.
11.) Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other
people, if you wish to resell hosting you must use a reseller account.
Semidedicated servers are not backed up. You must maintain your own
backups.
12.) Dedicated Servers
Cramer Hosting Services reserves the right to reset the
password on a dedicated server if the password on file is not current so
that we may do security audits as required by our datacenter. It is the
responsibility of the client to ensure that there is a valid email
address and current root password on file for their dedicated server on
file to prevent downtime from forced password resets. Cramer Hosting
Services reserves the right to audit servers as needed and to perform
administrative actions at the request of our datacenter. Dedicated
servers are NOT backed up by us and it is the responsibility of the
client to maintain backups or have a solution for this. You may purchase
an additional hard drive and maintain backups to it as the most simple
solution. Please contact sales@cramerhosting.com if you wish to obtain a
secondary hard drive. It is your responsibility to maintain backups.
13.) 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
cramerhosting.com, and the right to increase the amount of resources
given to plans at any time.
14a.) Indemnification
Customer agrees that it shall defend, indemnify, save
and hold Cramer Hosting Services and/or Cramer Specialty Sales Inc [it's
parent company] harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's fees asserted
against Cramer Hosting 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 Cramer Hosting Services against liabilities arising out
of; (1) any injury to person or property caused by any products
sold or otherwise distributed in connection with Cramer Hosting
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 Cramer Hosting Services's server.
14b.) Arbitration
Use of our service is pursuant to Canadian Law. By using
any Cramer Hosting Services services, you agree to submit to binding
arbitration under Canadian Law within the province of British Columbia.
If any disputes or claims arise against Cramer Hosting Services or its
subsidiaries, such disputes will be handled by an arbitrator of Cramer
Hosting Services's choice. 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 provincial arbitration law, governs all
arbitration under this Arbitration Clause. You are also responsible for
any and all costs related to such arbitration.
15.) Disclaimer
Cramer Hosting Services shall not be responsible for any
damages your business may suffer. Cramer Hosting Services makes no
warranties of any kind, expressed or implied for services we provide.
Cramer Hosting 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 Cramer Hosting Services and its employees. By
using our service, you concur you have read these terms and agreeing to
them in full prior to your enrollment.
16.) Disclosure to law enforcement
Cramer Hosting Services will comply completely with law
enforcement agencies either local, federal or international in the event
of a criminal investigation. We may disclose any subscriber information
to any such 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 with or without
warrant..
17.) Changes to the TOS
Cramer Hosting Services reserves the right to revise its
policies at any time without notice.
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