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Creative Web Design 123 Hosting Agreement

For any hosting services we provide to you, as a client of our Website Hosting Division, the following agreement is in effect:

  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) in case of fraud. It is your responsibility to make sure we have you correct contact information at all times.

  2. Content

    All services provided by Creative Web Design123 may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography. The customer agrees to indemnify and hold harmless Creative Web Design123 from any claims resulting from the use of our services.

    Examples of unacceptable material.

  • IRC Bots 
  • Warez Sites 
  • Pirated Software 
  • Hate sites
  • Pornography
  • Sites promoting the use of weapons or selling weapons 
  • Hack programs and archives
  1. Hacked websites

    Creative Web Design123 is not responsible for websites that are hacked. Hacked websites are to be fixed and maintained by you, at your sole expense. You may hire Creative Web Design123 to fix your website. Websites that contain hacked code (i.e. code that is placed on your website for malicious intent) may be disabled.

  2. 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 without notice.

    Creative Web Design123 reserves 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. Creative Web Design123 also reserves the right to make any such modifications in an emergency at our sole discretion.

    Creative Web Design123 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 left entirely to the discretion of Creative Web Design123. All rights reserved.

  3. Payment Information

    You agree to supply appropriate payment for the services received from Creative Web Design123, in advance of the time period during which such services are provided. You agree that until and unless you notify Creative Web Design123 of your desire to cancel any or all services received, those services will be billed on a recurring basis.

    Creative Web Design123 reserves the right to change the monthly payment amount and any other charges at anytime.

  4. Backups and Data Loss

    Your use of the service is at your sole risk. Creative Web Design123 is not responsible for files and 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 Creative Web Design123 servers.

  5. Cancellation and Refunds

    Creative Web Design123 reserves the right to cancel the account at any time.

    Customers may cancel at any time. Creative Web Design123 gives you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solution’s. There are no refunds on dedicated servers. 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.

  6. Resource Usage

    Users may not initiate the following:

    – 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. 
    – Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed. 
    – 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 software that interfaces with an IRC (Internet Relay Chat) network. 
    – Run any bit torrent 
    – Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.

  7. 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.

  8. Money back Guarantee

    On dedicated servers, and co-location 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 Creative Web Design123’s hosting plans carries a 30 day unconditional 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 not for dedicated servers.

  9. Price Change

    We reserve the right to change any prices listed our website and/or other forms of communication, and the right to increase the amount of resources given to plans at any time.

  10. Third-Party Services

    You understand that we may use, from time to time, a third-party to provide hosting services for your website. While you are free to purchase and/or use a third-party hosting service at your discretion, Creative Web Design123 shall make no guarantees to reliability, service or support when using such a service. You shall be required to pay the invoiced amount by Creative Web Design123, in advance, and as long as Creative Web Design123 shall manage your account, prices are subject to change.

  11. Indemnification

    Customer agrees that it shall defend, indemnify, save and hold Creative Web Design123 harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Creative Web Design123, 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 Creative Web Design123 against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Creative Web Design123; (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 Creative Web Design123’s server.

  12. Disclaimer

    Creative Web Design123 will not be responsible for any damages your business may suffer. Creative Web Design123 makes no warranties of any kind, expressed or implied for services we provide. Creative Web Design123 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 Creative Web Design123 and its employees.

  13. Changes to the TOS

    Creative Web Design123 reserves the right to revise its policies at any time without notice.

  14. General

    These Terms and Conditions set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings (excluding any associated agreements required by Creative Web Design123 (e.g., privacy policy) as a condition precedent to Client’s use of the Service), between you and Creative Web Design123 regarding the subject matter of these Terms and Conditions. No modification, amendment, or waiver of these Terms and Conditions or Use or any part of them shall be binding unless evidenced in writing and signed by Creative Web Design123. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way. The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto. The section headings and other headings contained in these Terms shall not affect the meaning or interpretation of these Terms and Conditions. These Terms and Conditions shall be governed by the substantive law of the State of North Carolina, without reference to any choice of law rules that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to these Terms and Conditions shall be submitted to the federal courts having jurisdiction in Asheville, North Carolina, or state courts having jurisdiction in the area in which such federal courts have jurisdiction, and the parties consent to the personal jurisdiction of such courts in respect of such disputes. You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless Creative Web Design123 agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void ab initio. Creative Web Design123 may assign or otherwise transfer any of its rights or the performance of any of its duties. The waiver by Creative Web Design123 of a breach or a violation of any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of these Terms and Conditions.

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