Terms
Of Service
The use of
services
from Blessed Web Hosting.com, LLC [hereafter referred to as "Blessed
Web Hosting"] constitutes agreement to these terms.
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) incase 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.
Transfers
Our transfers
team will make
every effort to help you move your site to us, however, we can not make
guarantees of the transfer process. We provide this as a courtesy
service and can not make guarantees regarding its availability or the
amount of time it may take as each host is configured a little
differently. We will try our best, however, in some cases we may be
unable to assist you in a transfer of data from an old host.
2.) Content
All
services provided by Blessed Web Hosting may only be used for lawful
purposes. The laws of the State of Texas, and the United States of
America apply.
The customer agrees to indemnify and hold harmless Blessed Web Hosting
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@Blessed Web Hosting.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@Blessed Web Hosting.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 foul language, immoral or indecent content, nudity of any
type, pornography, child pornography or linking to child pornography
will be suspended immediately without notice. This is a Christian
hosting service and all clients will be held to these standards.
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.
Click Here to
generate passwords.
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
http://www.Blessed Web
Hosting.com/mailpolicy.html 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.
Blessed Web Hosting 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.
Blessed Web Hosting 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
Blessed Web Hosting.
4.) Payment Information
You agree to
supply appropriate payment for the services received from Blessed Web
Hosting, in advance of the time period during which such services are
provided. You agree that until and unless you notify Blessed Web
Hosting 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 to cancellations@blessedwebhosting.com.
Please provide your name and domain name. 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.
This e-mail
address is being
protected from
spam bots, you need JavaScript enabled to view it
As a client of Blessed Web Hosting, it
is your responsibility to ensure that your payment information is up to
date, and that all invoices are paid on time. Blessed Web Hosting
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@Blessed Web Hosting.com
Blessed Web Hosting 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. Blessed Web Hosting 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 Blessed Web
Hosting servers.
6.) Cancellations and Refunds
Blessed Web
Hosting 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. Blessed Web Hosting
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 co-location no full refund will be honored -- the
45 day money back guarantee does not apply. We reserve the right to
refund a prorated amount or no refund at all.
Each of Blessed
Web Hosting's managed shared and reseller servers carry a 45 day
unconditional money back guarantee on them. If you are not completely
satisfied with our services within the first 45 days of your service,
you will be given a full refund of the contract amount. Remember, this
is only for monthly shared or reseller 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 / reseller 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 Blessed Web
Hosting dependent 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@Blessed Web Hosting.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. Blessed Web Hosting 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'. Blessed Web Hosting 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) / Semi-dedicated Servers
Shared
accounts may not resell web hosting to other people, if you wish to
resell hosting you must use a reseller account. Semi-dedicated servers
are not backed up. You must maintain your own backups.
12.) Dedicated Servers
Blessed
Web Hosting 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 data center. 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. Blessed Web Hosting reserves the
right to audit servers as needed and to perform administrative actions
at the request of our data center. 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@Blessed Web Hosting.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 Blessed Web
Hosting.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 Blessed Web Hosting harmless
from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against Blessed Web
Hosting, 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 Blessed
Web Hosting against liabilities arising out of; (1) any injury to
person or property caused by any products sold or otherwise distributed
in connection with Blessed Web Hosting; (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 Blessed Web Hosting's server.
14b.) Arbitration
By
using any Blessed Web Hosting services, you agree to submit to binding
arbitration. If any disputes or claims arise against Blessed Web
Hosting or its subsidiaries, such disputes will be handled by an
arbitrator of Blessed Web Hosting's choice. An arbitrator from the
American Arbitration Association or the National Arbitration Forum will
be selected in the state of Texas. 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 state arbitration law, governs all
arbitration under this Arbitration Clause. You are also responsible for
any and all costs related to such arbitration.
15.) Disclaimer
Blessed
Web Hosting shall not be responsible for any damages your business may
suffer. Blessed Web Hosting makes no warranties of any kind, expressed
or implied for services we provide. Blessed Web Hosting 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 Blessed Web
Hosting and its employees.
16.) Disclosure to law enforcement
Blessed
Web Hosting 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.
17.) Changes to the TOS
Blessed Web
Hosting reserves the right to revise
its policies at any time without notice.
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