| Terms
Of Service (TOS)
This agreement is for the protection
of our customers and systems and is fairly
standard legal-ese. Its main purpose is to prevent illegal
or abusive practices.
30 Day Money Back Guarantee
on All Hosting Plans.
YEARLY Accounts: Charges refunded
on a PRORATED basis on cancellation.
Crazy Web Hosting
Service Agreement
Crazy Web Hosting seeks to provide you with
top quality technology and service thus allowing you the opportunity
to administer your own web site on the World Wide Web (WWW)
in the most efficient and effective way possible. We continually
upgrade our servers, network, and support to help you achieve
your goals in hosting.
Crazy Web Hosting (CWH) reserves the right to refuse service
to anyone at any time. However, if CWH should deem it necessary
to initiate termination of services with you, CWH specifically
agrees to provide reasonable access to you in order to allow
you to download any files which may still reside on the web
site or server being removed from the network. In no event
shall Crazy Web Hosting be liable for any loss, loss of data,
or other commercial damage, including but not limited to special,
incidental, consequential or other damages, which result from
this termination of services.
Web-site Content.
Your content will remain on your virtual or dedicated server
and is not available to any other entity. You have the right
to retain on your virtual or dedicated server: any and all
files that you seek to hold that do not violate the following
rules. Customers are prohibited from transmitting on or through
any of Crazy Web Hosting's services, any material that is,
in Crazy Web Hosting's sole discretion: unlawful, obscene,
threatening, abusive, libelous, encourages criminal mischief,
gives rise to civil liability, or otherwise violates any local,
state, federal, or international law and/or treaties. In short,
Crazy Web Hosting's services may only be used for lawful activities.
Crazy Web Hosting does not allow connection to, or use of,
any software or 'bots' for IRC or the reselling of 'shell
accounts'. These are deemed as a high security risks and if
found will result in account suspension or termination with
no refunds under any circumstances.
Pornography: Crazy Web Hosting has
a zero tolerance policy on pornography that violates local,
state, federal, or international law. This includes, but is
not limited to, child pornography, bestiality, hard-core
pornography, and others not allowed by law. Crazy Web Hosting
does not seek to abridge any users rights, but we uphold any
and all laws applicable to the content of sites hosted on
our servers and/or network. Crazy Web Hosting reserves
the right to deny service without cause for sites with adult
content that we deem violates local, state, or federal law.
Crazy Web Hosting does take an active role in monitoring all
sites via the web for content that does not comply with the
preceding guidelines. Crazy Web Hosting specifically retains
the right to make the final decision in any matter relating
to site content. If you wish to seek virtual or dedicated
hosting services with Crazy Web Hosting and you are concerned
about content, please send your concerns to our Sales team:
sales@crazywebhosting.com.
Network. Our
servers were designed to give you the maximum freedom of administration
and access to the Internet at the lowest cost available. Our
network usage is open to all Crazy Web Hosting users. High
Network traffic or throughput is not a problem at Crazy Web
Hosting, but extreme network traffic or extreme uploading
and downloading can create problems. Your maximum throughput
allowed by your website is an estimate of your usage. You
are allowed to exceed your maximum usage without being shut
off. You will be billed for the additional throughput on your
next billing cycle. Please help Crazy Web Hosting plan for
the future and popularity of your website. If you know in
advance due to advertising, publicity, or general interest
that your throughput will exceed 2 times the amount allowable
by your plan, please contact us at support@crazywebhosting.com.
This will ensure no downtime and maximum availability of your
website at all times. We can upgrade you to another service
plan or make other arrangements to save you money and to ensure
your site is available at all times.
Crazy Web Hosting customers may not use our network to circumvent
user authentication or security of any host, network, or account.
This includes, but is not limited to, accessing data not intended
for the customer, logging into a server or account the customer
is not expressly authorized to access, password cracking,
probing the security of other networks or directly violating
the security policy of another organization. Customers are
also not allowed to interfere or deny service to any user,
host, or network by flooding, mail bombing, or attempts to
overload or crash the host network. Any violation of the network
guidelines set forth will result in deactivation of your virtual
or dedicated server for resolution.
Mass Mailings.
Crazy Web Hosting has a zero tolerance policy on SPAM, Junk
E-mail or UCE. Spam, Junk-mail and UCE are defined as: the
sending of the same, or substantially similar, unsolicited
electronic mail message, whether commercial or not, to more
than one recipient. A message is considered unsolicited if
it is posted in violation of a newsgroup charter or if it
is sent to a recipient who has not requested or invited the
message. UCE also includes e-mail with forged headers, compromised
mail server relays, and false contact information. This prohibition
extends to the sending of unsolicited mass mailings from another
service, which in any way implicates the use of the Crazy
Web Hosting servers and/or network. Violation of the above
terms will result in one or all of the following:
A warning from Crazy
Web Hosting personnel by E-Mail or Telephone.
Removal of DNS
for the advertised/originating site
Temporary shutdown
of the website/server or a block on outgoing mail
Permanent disconnection
of service WITHOUT REFUND.
Repeat violation of the above terms will result in the following
actions:
Immediate disconnection
of service with no re-activation
A $2000.00 USD fee
assessed and charged to your account for violation.
Absolutely NO REFUNDS
for ANY REASON AT ALL.
Additional $50 USD
fee charged to your account per E-Mail sent after notification.
If your actions have caused Crazy Web Hosting servers or
IP Addresses to be placed on ANY blackhole lists and other
mail filtering software systems used by ISP’s and
Web Hosting companies around the world, you will be assessed
a $1000 USD charge to your account and $250 USD per hour
for administrative charges incurred to remove and protect
our servers and/or IP Addresses. If you have further questions
about our mass mailing policy, please send them to support@crazywebhosting.com.
If you want to report abuse by one of our users, please
send the e-mail to abuse@crazywebhosting.com.
Mailing Lists: Our mass mailing
rules also apply to mailing lists, list servs, or mailing
services you may contract with. Our policy is the following:
An acceptable mailing list will be focused at a target audience
that has voluntarily signed up for your e-mail information
or that has made their e-mail address available for distribution
of information from you. Your own list servs in which customers
have signed up for in the past, is a valid mailing list. If
one of your members asks to be removed, please remove them
as soon as feasibly possible. Internally created mailing lists
are valid as long as your customers agree to receive the e-mail.
Purchased mailing lists are generally a violation of the rules
because you have not received authority from the recipient
to send them an e-mail. The final rule to all mailing lists
is simple: if your customers begin to send spam complaints
to Crazy Web Hosting about your e-mail, you will be bound
to the terms of mass mailings listed above. If you have direct
questions in reference to mailing lists, please send your
question to support@crazywebhosting.com.
Password Protection:
Crazy Web Hosting will turn over the administrative username
and password for your account at the commencement of the contract.
This username and password will be kept in your confidence
throughout the contract term.
Copyright Infringement –
Software Piracy: During the term of the hosting
contract, Crazy Web Hosting grants Customer a non-transferable,
non-exclusive license to use the Software, in object code
form only, for its internal needs, to be used solely on the
Hardware provided, and solely in conjunction with the Services.
Customer agrees that it will not, directly or indirectly copy
the Software, except as is necessary to install on Hardware
and for internal, archival purposes. In the event Customer
makes any copies of the Software, Customer shall reproduce
all proprietary notices on such copies; reverse engineer,
decompile, disassemble, modify or otherwise attempt to derive
source code from the Software; sell, lease, license, transfer,
give possession of, or sublicense the Software or the documentation
to others; write or develop any derivative or other software
programs, based, in whole or in part, upon the Software or
any Confidential Information.
The location of third party software found
in your home directory that violates Copyright law is prohibited.
Crazy Web Hosting will work with the appropriate authorities
in locating and removing any and all software that is deemed
to be used in violation of a valid software license. Please
do not locate, use, install, execute, or store software that
you do not own a valid software license to, on Crazy Web Hosting
servers. Violators will be terminated immediately and referred
to law enforcement authorities.
IP Addresses: Crazy
Web Hosting MAY assign and allow the use of IP addresses to
the customer for the length of the contract. These IP addresses
are the sole property of Crazy Web Hosting or its network
provider, are non-portable, and will be retained after service
has ceased. Crazy Web Hosting does reserve the right to change
the customer IP address designation at any time. The use of
an IP Address outside of your assignment by Crazy Web Hosting
will result in a $250 per hour administrative fee to restore
correct IP addressing. This is also viewed as a breach of
network security and your account will be taken offline until
the problem is resolved. Administrative fees will be billed
to your account the following business day.
Suspension: Crazy
Web Hosting specifically reserves the right to suspend network
service to your account at our discretion. Suspension will
only occur for violation of our AUP, non-payment for services,
or by request of legal authorities with proper legal documents.
Suspension will only occur for the absolute minimal amount
of time to resolve the issue at hand.
SERVICE INTERRUPTIONS.
Customer understands and agrees that occasional temporary
interruptions of any Internet Services may occur as normal
events in the provision of the Internet Services. Crazy Web
Hosting agrees to exercise reasonable care to prevent such
occurrences; however, under no circumstances will Crazy Web
Hosting be held liable for any financial or other damages
due to such interruptions. In no event shall Crazy Web Hosting
be liable to Customer or any other person for any special,
incidental, consequential or punitive damages of any kind,
including, without limitation, refunds of fees, loss of profits,
loss of income or cost of replacement services.
Governing Law and Forum.
This Agreement shall be governed and interpreted according
to United States Law. For all disputes arising out of or related
to this Agreement or Service Orders, the parties irrevocably
consent to the exclusive jurisdiction of the Courts of the
United States. Customer’s address for purposes of service
of process shall be the address designated for notices in
this Agreement. In connection with all actions in which Crazy
Web Hosting is awarded amounts due from Customer, Crazy Web
Hosting shall be awarded (either in that action or by way
of a separate action) its costs and expenses of litigation
(including reasonable attorneys’ fees), through trial
and appeal. Crazy Web Hosting may at its sole discretion seek
leave to conduct any legal process as described herein in
any jurisdiction of any country where a customer or defendant
cannot otherwise be brought to order under the laws of the
United States.
LIMITATION OF LIABILITY.
Crazy Web Hosting’s liability (including, for
purposes of this paragraph only, any of its employees, agents,
or representatives), to Customer (either directly or as a
third party defendant in any action or proceeding) for any
claim arising out of or relating to this Agreement or Service
Orders or the provision of any Services under Service Orders
(including, without limitation maintenance and support) shall
be limited to the amount of fees paid by Customer to Crazy
Web Hosting under this Agreement within one year preceding
the date Customer contends its claim arose. In no event shall
Crazy Web Hosting be liable for any loss of data, loss of
profits, cost of cover, or any other special, incidental,
consequential, indirect or punitive damages, however caused
and regardless of theory of liability. This limitation will
apply even if Crazy Web Hosting has been advised of, or is
aware of, the possibility of such damages.
DISCLAIMER OF WARRANTIES.
Crazy Web Hosting specifically disclaims all implied warranties,
including but not limited to, the implied warranties of merchantability
and fitness for a particular purpose. Except as otherwise
provided in this Agreement, any written materials by Crazy
Web Hosting, or information on Crazy Web Hosting’s web
site, shall be for informational purposes only and, whether
delivered or disseminated before or after the date of this
Agreement, shall not create any express or implied warranties,
guarantee of performance, or contractual obligations. Crazy
Web Hosting also reserves the right to change prices for no
reason, and at any time.
Any violations of the above policies will result in immediate
suspension of services and/or termination of your service.
By entering into a hosting contract with Crazy Web Hosting
you agree to be bound by these policies, terms and conditions.
End Service
Agreement
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