Terms of Service - Reseller Web Hosting

Thank you for taking the time to read our Reseller Web Hosting Terms of Service.

The terms that follow exist to maintain the integrity of all services provided by FernGullyGraphics. By ordering an account from FernGullyGraphics, you understand are agreeing to each of the terms listed below.

This Agreement, is made and entered by FernGullyGraphics, herein referred to as ("Provider"), and you, referred to in this document as ("User").

A. Indemnification and Relationship of Parties

1. User agrees to indemnify and hold Provider harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to User's website provided hereunder.

2. Nothing contained herein shall be deemed to create a relationship between the Provider and User in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that Provider has no interaction with the data or substance of User's website, except as necessary to maintain the website.

3. User agrees to indemnify and hold Provider harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to Provider's use of any domain name.

B. PAYMENT FOR SERVICE

1. User agrees to pay the charges agreed to during the initial signup request on or before the first day of the anniversary of account setup each month or year following execution of this agreement.

2. User agrees payment not received within 3 days of said renewal date shall be considered late and service may be suspended.

3. User agrees payment not received within 7 days of said renewal date shall be considered in default and service shall be terminated.

4. User agrees that any and all unpaid balance due hereunder may result in a late fee of $15.00, and the costs of collection, including court costs and reasonable attorney fees shall be added as principal amounts to such balance.

5. User agrees to pay a $45 processing fee for any returned checks, for whatever reason, and agrees they may be electronically reprocessed.

C. REFUSAL OF SERVICE

FernGullyGraphics reserves the right to refuse or cancel service at its sole discretion. Failure to follow any terms or conditions established by FernGullyGraphics may result in immediate termination and forfeiture of any refund agreements.

D.CONTENT

1. The Provider believes in freedom of speech. As long as the User's content does not break any Federal, State, or local laws (within the United States) or causes harm to any specific race, creed or gender, it will be allowed to exist on the User's website.

2. User is responsible for any content they place on their web site, or transfer by any other means using hardware and or bandwidth belonging to the Provider.

3. The Provider reserves the right to remove any page(s) at any time without notice. Should this type of action be required, FernGullyGraphics will notify user after the fact, informing user of the reason a page was removed from users account.

4. User agrees not to host any unauthorized copyrighted material such as music, movies, photographs (anything that would be in violation of United States Copywrite Laws).

5. User agrees not to use they're account as a backup/storage device. The only exception is the one cPanel backup of the same account you are hosting with us (please do not take back-ups of your back-ups).

6. Examples of unacceptable material on users shared hosting account (not limited to the following), if you have any questions about acceptable content, please contact us before signing up.

Pornographic Material (of any kind)

Sites that stream copyrighted material, either directly or via 3rd party websites (TV Shows, Movies..ect)

Lottery/Gambling Sites

File Dump/Mirror Scripts (similar to rapidshare)

Sites promoting illegal activities

Commercial Audio Streaming (more than one or two streams)

Mail Bombers/Spam Scripts

Forums and/or websites that distribute or link to warez/pirated/illegal content

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

Banner-Ad services (commercial banner ad rotation)

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

MUDs/RPGs/PBBGs

Hateful/Racist/Harassment oriented sites

Hacker focused sites/archives/programs

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)

E. USE OF SERVICE

1. User agrees to maintain its site in a manner consistent with any and all applicable laws, regulations (within the United States), acceptable uses and standards in effect, or which become in effect, during the term hereof.

2. User agrees to practice common courtesy in its use of the site, and to refrain from using any distribution lists for electronic mail or other techniques for unsolicited mass mailing.

3. User agrees to keep their contact email address with Provider current at all times, and agrees Provider has no liability for lost or undelivered email messages concerning the status or payment due for User's account.

4. User agrees to comply with the wishes of the Provider in regards to practices that may hinder the ability of other FernGullyGraphics customers to use the Provider's services.

5. User agrees no notices for account status or invoices will be sent via postal mail or telephone, unless initiated by Provider as required by law to collect payment.

6. User understands that the user's account is not to be used to offer free services, such as email and hosting to the general public. While it is not mandatory for users to charge for their service, offering such services free of charge to the general public is not allowed.

7. Resource Usage, User may not:

Use 25% or more of system resources for longer then 90 seconds. Activities that could cause such problems include, but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared hosting account.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
Run cron entries with intervals of less than 15 minutes.
Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.

F. BACKUPS AND DATA LOSS:

1. FernGullyGraphics will run a back-up service twice per week (stored offsite) on Wednesday and Saturday at midnight (pacific standard time), overwriting any previous back-up made. The back-up process is provided as a courtesy, therefore it is recommended users always keep their own back-ups accordingly. FernGullyGraphics is not responsible for files and/or data residing on your account. User agrees to take full responsibility regarding the maintenance of all appropriate backups and data stored on FernGullyGraphics servers. While FernGullyGraphics does maintain backups of your files and data, we accept no responsibility should backups be unavailable for any reason including but not limited to data corruption, hardware failure, or negligence. Any account/user larger than 5 gigabytes, will be excluded from our backup systems with or without notice, however all data will continue to be mirrored to a secondary drive (helping to protect your data incase of drive failures). All cPanel backup files, backup-*.tar.gz and cpmove-*.tar.gz, older than 120 hours (5 days) will be removed from the server automatically.

2. User Initiated Cpanel Back-Ups: Since the backup process which packages and compresses your account can be very resource intensive (all full cPanel backups should be performed during off-peak times as indicated below). Any backup process found to be running during peak hours will be disabled and possibly suspended. Running full cPanel back-ups for accounts larger than 5GB in size is strictly prohibited.

Acceptable Time periods to run full cPanel back-ups (off-peak hours): Monday through Sunday 10pm-6am

* If your account is bigger than 5GB in size you can still back-up your account by downloading MYSQL via PHPMyAdmin and downloading your core files via FTP.

G. TERM OF CONTRACT AND TERMINATION

1. This agreement shall have an initial term of one month from the date of execution hereof, unless otherwise specified by sign up request. Upon expiration of such term, this agreement shall automatically renew for successive equivalent periods, unless notice is given by either party of its intent to terminate the agreement, at least one week prior to the scheduled termination date. All terms and conditions of this agreement shall be in full force and effect during all original and renewal periods hereunder. If User does not notify Provider of cancellation request at least 7 days in advance of date of execution, the User will be responsible for the payment due for the next equivalent period.

H. SECURITY

User agrees not to attempt to undermine or cause harm to any server or customer of Provider. Failure to comply with this rule will result in immediate termination of the user's account.

I. Unsolicited Electronic Mail

User is expressly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. We reserve the right to immediately deactivate your use of our service if we discover such activity. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement. Anyone using our services for spamming or anyone who is found to be advertising their site by spamming will be immediately subject to a $500 cleanup/network abuse fee.

J. SETTING UP YOUR ACCOUNT

User understands that it may take up to 24 hours for any reseller web hosting account to be activated or domain name to be registered. FernGullyGraphics will set-up your account or register your domain name once payment has been received/processed and once your account has been verified. If you do not receive your account information within 24 hours and have not received an email or phone call from FernGullyGraphics, please contact us immediately.

K. TRANSFERING YOUR WEBSITE

User understand that the transfer of websites from the users old web hosting provider to FernGullyGraphics is provided as a courtesy. There is no guarantee FernGullyGraphics will be able to transfer all of your website files from your old web hosting account to your new web hosting account. Keep in mind, every web hosting company is different and sometimes web hosts configure they're servers in a manner that makes it impossible for FernGullyGraphics to seamlessly transfer all data from your old web hosting account to your new web hosting account.

L. REFUND POLICY (45 DAY MONEY BACK GAURANTEE)

1. User understands that in order to receive a 100% refund on web hosting services provided by FernGullyGraphics. User must cancel they're web hosting account within 45 days of the account being opened. No refunds will be issued on web hosting services after the 45 day money back guarantee period, unless you are canceling your service during a one year subscription (which at that point you will receive a pro-rated refund for the days of service not used, minus a 15% cancellaton fee of the remaining balance). If FernGullyGraphics registered a domain name on your behalf, there will be a $12.49 fee deducted from the final refund amount (for yearly accounts only). For monthly accounts, the one-time $12.49 domain name registration fee is non-refundable (the same applies for Rapid SSL Certificates issued by FernGullyGraphics on your behalf), however the domain name and SSL are yours to keep. Payments for Dedicated IP Addresses are non-refundable.

2. User understands that there are no refunds for domain name registrations or set-up fees. However domain names will be registered in your name and are yours to keep.

M. 99.9% Uptime Guarantee

If user encounters physical downtime to their reseller web hosting account that is not within the 99.9% uptime guarantee (for any given month), you may receive up to one month free credit to your reseller web hosting account. Approval of any credit is credited at the discretion of FernGullyGraphics dependant upon justification provided by the user. Reports from 3rd party monitoring services 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 by 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 [email protected] with justification. All requests must be made in writing (via email or snail mail).

N. Free Domain Name Offer

1. User understands that the Free domain name offer is only valid for R-Beginner, Intermediate and Advanced web hosting packages.

2. User understands that the Free domain name must be the primary domain name used for the reseller account.

3. User understands that there will be a one-time $12.49 fee for accounts set-up on a monthly billing cycle. After the initial fee, there will be NO additional costs incurred onto users account in regards to users domain name (for the life of users account). The initial $12.49 domain name fee is waived for yearly accounts.

4. User understands that the $12.49 fee (for monthly billing cycles) is non-refundable. However, should user cancel their account, the domain name we have registered on users behalf will remain the property of the user.

O. Free GeoTrust RapidSSL Offer

1. User understands that the Free RapidSSL offer is only valid for R-Beginner, Intermediate and Advanced web hosting packages.

2. User understands that the Free RapidSSL offer is only valid if used with the primary domain name used for the reseller account.

3. User understands that there will be a one-time $12.95 fee for accounts set-up on a monthly billing cycle. After the initial fee, there will be NO additional costs incurred onto users account in regards to users RapidSSL certificate (for the life of users account). The initial $12.95 fee is waived for yearly accounts.

4. User understands that the $12.95 fee (for monthly billing cycles) is non-refundable. However, should user cancel their account, the RapidSSL will be valid for one year and can be re-installed onto any web server or web hosting account.

P. Acceptable IP Usage and Distrabution (IPV4)

FernGullyGraphics does not condone the use of Dedicated IP addresses for any purpose other than SSL as required by the SSL Protocol. Any site located on a Dedicated IP without an active SSL certificate can be moved to a shared IP address of our choosing (without warning).

Q. Responsibility

1. It is the sole responsibility of the user to insure all cpanel accounts created under the users reseller account, follow all of the policies/guidelines of the FernGullyGraphics shared web hosting terms of service. Failure to do so may result in the suspension of users reseller account.

2. FernGullyGraphics reserves the right to suspend any accounts created within users reseller account without prior notice. Should such actions be taken, FernGullyGraphics will contact user after the fact, informing user of the reasons for account suspension.

R. Privacy

1. At no point will FernGullyGraphics attempt to contact customer/cpanel accounts created within users Reseller account.

2. FernGullyGraphics takes all reasonable precautions to insure any information user submits is protected and not distributed to any 3rd parties. At no point in time, will FernGullyGraphics use any information provided to FernGullyGraphics for any purpose other than to keep in contact with user, provide services purchased by user or to verify users identity. FernGullyGraphics will not disclose any personal information about user to third parties (without prior written consent).

3. FernGullyGraphics may disclose users information to law enforcement agencies without prior consent or notification to the user upon lawful request from law enforcement agencies (FernGullyGraphics will cooperate fully with law enforcement agencies).

S. SCOPE OF AGREEMENT

1. This agreement must be honored by all sub domains and dedicated servers of the Provider.

2. The provider reserves the right to add to and change this agreement at any time without notice.