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Sugarland Creations >> Terms of Service
Sugarland Creations Webhosting is a product
of Big Cat Attitudes. The use of services from
Sugarland Creations [hereafter referred to as "BCA/SC"]
constitutes agreement to these terms.
These Terms include Terms of Service for
Hosting Clients.
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. 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 BCA/SC may only be used for lawful
purposes. The laws of the State of Kanas, the State of
Florida, the State of Texas, and the United States of
America apply.
The customer agrees to
indemnify and hold harmless BCA/SC 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@sugarlandcreations.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 include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software /
Warez, ".img" / image hosting only sites that do not host an
actual domain name, Escrow, High-Yield Interest
Programs(HYIP) or related sites, Investment sites (FOREX,
egold exchange), 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
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@sugarlandcreations.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 terminated immediately 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. Please read
Mail Policies for our
generalized mail policy.
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.
BCA/SC 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.
BCA/SC 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 BCA/SC.
4.) Payment Information
You agree to supply appropriate
payment for the services received from BCA/SC, in advance of
the time period during which such services are provided. You
agree that until and unless you notify BCA/SC 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. 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@sugarlandcreations.com.
BCA/SC 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. BCA/SC 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 BCA/SC servers.
6.) Cancellations and
Refunds
BCA/SC 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. There are no refunds on
hosting, administrative fees, install fees for custom
software, domain name purchases, or website design services
whether custom ordered or premade. Refund requests after 10
days will not be honored.
Violations of the Terms of
Service will waive the refund policy.
7.) 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 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 bit torrent application, tracker, or client.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life,
battlefield1492, 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")
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.
9.) 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 BCA/SC 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 of
the server which may differ from the uptime reported by
individual services. To request a credit, please contact
sales@sugarlandcreations.com with justification. All
requests must be made in writing via email. Uptime
guarantees only apply to shared 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.) Hosting Servers
Host accounts may not resell web hosting to other
people.
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 sugarlandcreations.com,
and the right to increase the amount of resources given to
plans at any time.
12a.) Indemnification
Customer agrees that it shall defend, indemnify, save and
hold BCA/SC harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's
fees asserted against BCA/SC, 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 BCA/SC against liabilities arising out of; (1) any
injury to person or property caused by any products sold or
otherwise distributed in connection with BCA/SC; (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 BCA/SC's server.
12b.) Arbitration
By using any BCA/SC services, you agree to binding
arbitration. If any disputes or claims arise against BCA/SC
or its subsidiaries, such disputes will be handled by an
arbitrator of BCA/SC's choice. All decisions rendered by
that arbitrator will be binding and final. You also are
responsible for any and all costs related to such
arbitration.
13.) Disclaimer
BCA/SC shall not be responsible for any damages your
business may suffer. BCA/SC makes no warranties of any kind,
expressed or implied for services we provide. BCA/SC
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 BCA/SC and its employees.
14.) Disclosure to law
enforcement
BCA/SC 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.
15.) Changes to the TOS
BCA/SC reserves the right to revise its policies at any time
without notice.
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