The following Terms of Service (herein named TOS) applies to all websites/domains hosted by StrongHub. The term “applies” is defined as total content of each website/domain, as well as “links” from any website/domain, or to any website/domain.
:: Content ::
- Pornography and sex-related merchandising are prohibited. This includes sites that may infur sexual content, or links to pornography elsewhere. Nude “art” is permitted.
- You may not upload any material that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organization.
- Piracy, hacking, cracking, phreaking, warez, pyrotechnics, exploitive software or text that educates or encourages this activity and/or use are not allowed.
- You may not upload copyrighted MP3.
- You may not upload Bulk Email related products.
- You may not upload ROMs and Emulators. This is non-negotiable.
- You may not publish phishing websites.
- You may not publish any material that is grossly offensive, including , exploitation of children, blatant expressions of bigotry, hatred, harassment, defamation, or invasion of privacy. This includes material that defames, abuses, harasses or threatens any person or group.
- You may not publish sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal).
- You may not publish Illegal Material or material that is against public policy.
- Using a shared account as a backup/storage device is not permitted, with the exception of one CPanel/DirectAdmin backup of the same account. Please do not make backups of your backups.
- Examples of unacceptable material include: 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), 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 Sites, 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
- You are solely and fully responsible for the contents of your account. Any and all repercussions will be born solely by you as the account holder.
- StrongHub will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund!
:: Commercial Advertising- Email (SPAM) ::
Spamming, or the sending of unsolicited email, from a StrongHub server or using an email address that is maintained by StrongHub is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. StrongHub will be the sole arbiter as to what constitutes a violation of this provision. Additionally claims investigated by StrongHub about spam from any of our users or users of theirs, will be fined and billed for such work. The fee for such an instance if you are found to be at fault is $.50 per email sent and up to a $500 fine per incident.
:: Fraud ::
Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.” Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
:: Attacks and Exploits ::
Any activity which affects the ability of other people or systems to use any services or other internet services. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the client’s responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems.
:: Threats and Unlawful Conduct ::
You may not use your service in the commission of any crime that violates the laws of local, state, and federal government of the United States of America.
:: Server abuse ::
Any attempts to undermine or cause harm to any StrongHub server or customer of StrongHub is strictly prohibited. StrongHub holds no responsibility for the use of our clients’ accounts. Any account that abuses server resources and is not corrected, calls for immediate de-activation without any refund of payments made thus far. Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms.
:: System Resource Usage ::
If StrongHub’s system administration team determines that a customer’s account is utilizing an unacceptable amount of system resources, StrongHub may temporarily deactivate the account in question. If StrongHub’s staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (10) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases. StrongHub will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually. 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. You may link to legal torrents off-site, but may not host or store them on our shared servers. 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”)
:: Bandwidth ::
All sites hosted by us have the privilege of unthrottled bandwidth. This means your site is placed on our ultra fast servers and connected to multiple backbones which allow a user to surf your site at unrestricted speeds. If they surf your site using a 56k modem or a DS-3, your site will always reachable. You are not penalized for the high bandwidth web surfer that creates high traffic spikes. If your site’s monthly usage is above your monthly total allotment you will be asked to upgrade to the next package. We will work with clients to keep their sites alive and fast at all times.
:: Chat Rooms ::
We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as a account option.
:: Background Running Programs ::
Customers are not permitted to run programs in the background on shared hosting servers. This tends to use a lot of system resources, and can impair service offered to other customers on that server.
:: Cron Jobs ::
We do allow Cron Jobs to be conducted on our servers. You can setup and manage the cron jobs for your account from the “Cron” section of CPanel/DirectAdmin.
:: IRC ::
We currently do not allow IRC or IRC bots to be operated on our servers. Any account found to be in violation of this provision will be immediately suspended and/or deactivated.
:: Shell Access ::
Shell access is provided on an as-needed basis. It does not come enabled on accounts by default. A request for this feature must be sent to email@example.com before it can be utilized. The request must include a domain name, username and explanation of why shell access is required. We reserve the right to refuse this service to any customer for any reason.
:: IP Ownership ::
If we assign a Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to us, and Customer shall have no right to use that Internet Protocol address except as permitted by us at our sole discretion in connection with the Services, during the term of this Agreement. We shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by us, and we reserve the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies.
:: Back-Up Files ::
Client is responsible for making back-up files in connection with its use of the Services. Backup capability is available through the Clientâ€™s Control Panel.We are not responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups
:: Security ::
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Sharing your password and account access with unauthorized users is prohibited and you will be held responsible for such use. Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service. You may not attempt to circumvent user authentication or security of any host, network or account. Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
:: Contact & Billing Information ::
You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are required, fax contact information is encouraged.
:: Domain Registrations and New Orders ::
You are also requesting us to register your site for you when selecting “new domain” in the order form of our site. We will use enom.com to register such services for you on your behalf and ensure the correct name servers are used saving you time and money. All domain registrations are NON-REFUNDABLE.
:: Billing and Fees ::
Subsequent payments are due on the anniversary date of the month for that month’s service. Reseller resold client payments are due on the 1st day of every month. Accounts not paid by due date are subject to a $7.50 late fee. Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $100.00 reconnect charge for dedicated clients and $10 reconnect charge for shared clients. Service will be terminated on accounts that reach 15 days past due. If any terms or conditions are failed to be followed the account in question will be automatically deactivated.
:: Disputes and Failure to Pay ::
All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in StrongHub sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay an “Administrative Fee” of not less than $50 and not more than $150. The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
:: Refunds ::
All payments are NON-REFUNDABLE! The only exception to this policy are the shared hosting 30 day money back guarantee and vps hosting 7 day money back guarantee. All annual plans, both shared, vps, dedicated, and co-location, are NON-REFUNDABLE! All payments for dedicated, co-location, or related services are NON-REFUNDABLE! This guarantee is VOID if your account violates our Terms of Service or Service Agreement.
:: 30 Day Guarantee ::
All shared accounts are entitled to a iron clad 30 day money back guarantee and 7 day guarantee for vps accounts. This guarantee begins the day we send out your accounts login details. If you wish to cancel your account and receive a full refund within 30 days of the date you signed up, please contact firstname.lastname@example.org with your request and domain name. This guarantee is VOID if your account violates our Terms of Service or Service Agreement.
:: Cancellation ::
All cancellations must be sent to email@example.com or by submitting ticket to our billing department. While there are no cancellation fees, you must cancel prior to your next billing cycle. Payments made up to your cancellation date are not refundable unless you’re canceling within the 30 day guarantee period . This does not include any added support or service fees you have contracted us to provide. We reserve the right to remove any account without advanced notice for any reason at any time without prior notice.
:: Refusal of Service ::
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
:: Modifications ::
These terms may be modified at any time and without notice. All users previous and new clients are always subject to the newest terms posted here at all times. It is the end users responsibility to be aware of the latest terms of service and other policies at all time. It is our responsibility to provide these policies in a ready and readable form. We may or may not elect to post updates to our policies in various mediums available including but not limited to; email, forums, ticket systems, and chats.
:: Liability and Warranty ::
We are not responsible for any damages your business may suffer. We do not make implied or written warranties for any of our services. StrongHub denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us. The client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. You further acknowledge that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury
In no event will StrongHub be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use StrongHub’s services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.
We reserve the right to terminate any account without warning or notice if any of the above restrictions are violated and to examine the contents of any account at any time.