8BUCKSAMONTH.COM SHARED HOSTING
TERMS OF SERVICE
8bucksamonth.com provides web hosting services to Clients
around the world. The following terms of service are designed
to provide the highest level of service available.
Content
All services provided by 8bucksamonth.com are to be used
for lawful purposes only. Transmission, storage, or presentation
of any information, data or material in violation of any
United States Federal, State or Local law is prohibited.
This includes, but is not limited to: copyrighted material,
material we judge to be threatening or obscene, material
that jeopardizes national security, or material protected
by trade secret or other laws. The Client agrees to indemnify
and hold harmless 8bucksamonth.com, from any claims resulting
from the Client's use of 8bucksamonth.com's services which
damages the Client or any other party.
Examples of prohibited
content or links
include (but
are not limited to):
IRC Software
Pirated software
Hacking programs
or archives
Warez Sites
Distribution
of music files
or any other material
in which the account
holder does not
own the copyright.
Illegal Adult Sites
Game Servers
(dedicated game
server programs)
8bucksamonth.com will be the sole arbiter as to what constitutes
a violation of
this provision.
Content that does
not meet these
standards can and
will be removed without
prior notice to
the Client.
Housing of any of the following files is considered a violation
of the terms of
service:
IRC - We do not allow IRC, Egg Drops,
BNC, or IRC bots
to be operated
on our servers or network. Files with references to IRC or
any likeness thereof are prohibited. Also any program that
acts like an IRC server or that provide chat functions that
run as background processes are not allowed.
Proxies - We do not allow proxy servers of any kind, whether
for personal or business use. Files with references to any
proxy or likeness thereof are prohibited.
PortScanning - We do not allow any kind of portscanning
to be done on or from our servers or network.
Commercial Advertising - Email
Spamming, i.e. the sending of unsolicited email, from
any 8bucksamonth.com
server or any server located on the 8bucksamonth.com network is
STRICTLY prohibited. 8bucksamonth.com will be the sole arbiter
as to what constitutes a violation of this provision. This
also includes Optin Optout mail programs and mail that either
directly or indirectly references a domain contained within
an account at 8bucksamonth.com. In addition to termination of any
account found to be in violation there will also be a $100
penalty fine applied for every valid spam complaint processed
by 8bucksamonth.com staff.
Running Unconfirmed
Mailing Lists.
Subscribing email
addresses to any
mailing list without
the express and
verifiable permission
of the email address
owner is prohibited.
All mailing lists
run by 8bucksamonth.com
customers must
be Closed-loop
("Confirmed
Opt-in"). The subscription confirmation message received
from each address
owner must be kept
on file for the
duration of the
existence of the
mailing list. Purchasing
lists of email
addresses from
3rd parties for
mailing to or from
any 8bucksamonth.com
hosted domain, or referencing
any 8bucksamonth.com
account, is prohibited.
Advertising, transmitting,
or otherwise making
available any software,
program, product,
or service that
is designed to
violate this AUP
or the AUP of any
other Internet Service Provider, which includes, but is not
limited to, the facilitation of the means to send Unsolicited
Bulk Email, initiation of pinging, flooding, mail-bombing,
denial of service attacks is prohibited.
Email address cultivating,
or any unauthorized
collecting of email
addresses without
prior notification
of the email address
owner is strictly
prohibited.
Operating
an account on behalf
of, or in connection
with, or reselling
any service to,
persons or firms
listed in the Spamhaus
Register of Known
Spam Operations
(ROKSO) database at www.spamhaus.org is prohibited.
ShoutCast Servers - We do not allow Shoutcast Servers due
to bandwidth and load issues.
Background Running Programs - We ask that users request
permission before enabling persistent background processes
of substantial load.
PHP Shell - PHP Shells or any likeness thereof are prohibited.
Files with any reference to PHP Shells or likeness thereof
are prohibited.
Server Abuse - Any attempts to undermine or cause harm to
a 8bucksamonth.com server
or Client of 8bucksamonth.com is strictly prohibited including,
but not limited to:
- Logging into a server or account that
you are
not authorized
to access
- Accessing
data or
taking any
action to
obtain services
not intended
for you or
your use
- Attempting to
probe,
scan or test
the vulnerability
of any system,
subsystem
or network
- Tampering,
hacking,
modifying,
or otherwise
corrupting
or breaching
security
or authentication measures
without proper
authorization
- Transmitting
material
that contains
viruses,
Trojan horses,
worms, time
bombs, cancelbots
or other
computer
programming routines
or engines
with the intent or
effect of
damaging, destroying, disrupting
or otherwise
impairing
a computer's functionality
or the operation
of the System
- Interfering with, intercepting or expropriating
any system,
data or
information
- Interfering
with service
to any
user, host
or network
including,
without limitation,
by means
of overloading, "flooding," "mailbombing," or "crashing" any
computer
system
You will be held responsible for all actions performed by
your account whether it be done by you or by others.
Scheduled Maintenance and Downtime
8bucksamonth.com will use its commercially reasonably efforts
to provide services
24 hours a day,
seven days a week. Client acknowledges that from time
to time the services may be inaccessible or inoperable for
various reasons, including periodic maintenance procedures
or upgrades ("Scheduled Downtime");
or service malfunctions,
and causes beyond
8bucksamonth.com's
control or which are not reasonably foreseeable by 8bucksamonth.com,
including the interruption or failure of telecommunications
or digital transmission links, hostile network attacks, or
network congestion or other failures. 8bucksamonth.com
will provide at
least 48 hours advance notice to the Client for Scheduled
Downtimes, and will use commercially reasonable efforts to
minimize any other disruption, inaccessibility and/or inoperability
of its web servers.
8bucksamonth.com has no responsibility for downtime resulting
from a user's actions.
Refunds
Refunds can only be requested during the first 30 days of
service of initially
signing up. Refunds
will not be provided
to any Client after
the initial 30
days. Any violation
of 8bucksamonth.com's
Terms of Service Agreement shall result in no refund.
Limitations on Use
Any account using 15% or more of the server CPU or memory
can be suspended and/or terminated.
Any account that uses excessive amounts of bandwidth can
and will be subjected to bandwidth throttling.
Background Processes. Unauthorized background processes
shall result in
immediate termination
of the account.
8bucksamonth.com
maintains the right
to cancel accounts
at its discretion.
Account Setup, Termination, and Billing:
The account will be charged on the day the order is processed,
regardless of the account billing date. The account will
not be charged again until the next month's billing cycle.
Suspension of accounts due to overdue payment: Accounts
will be suspended
if payment is not
received within
15 days of the
invoice date.
Termination of accounts due to overdue payment: If the account
is not paid within
30 days of the
invoice date, the account will be terminated and all information
within the account will be deleted.
Cancellation Procedure: Valid proof of account ownership
will be required to terminate an account. This includes,
but is not limited to, billing information in the form of
a partial credit card number or other payment information,
or the billing password. Non-secure information, such as
the contact email address or account billing address, is
not sufficient as a security verification. Please sign in to your account and follow the steps to request a hosting cancellation.
Courtesy Services for Customers
All services such as backup and Cpanel are provided for
the courtesy of the Client. It is the sole responsibility
of the Client to maintain the Client's own backup
of any data. 8bucksamonth.com is not responsible for lost
data or for lost data due to third party software that is
not maintained by 8bucksamonth.com staff. (Cpanel
is not associated with 8bucksamonth.com)
Limitation of Damages
Recovery of damages from 8bucksamonth.com may not exceed the amount
of fees it has collected on the account.
General
Terms Of Service are subject to change without any prior
notification.
These Terms of Service are a legally binding contract between
the Client and 8bucksamonth.com
By opening an account, the Client agrees to the above-stated
terms.
Anything not listed in the Terms of Service is open to interpretation
and change by 8bucksamonth.com administrators without prior
notice.
All prices, with the exception of the 30-day money back
guarantee, are nonrefundable and nonnegotiable.
Any violation of these Terms of Service will result in termination
of the account. 8bucksamonth.com maintains the right to terminate
accounts without prior notification.
We reserve the right to remove any account with 10 days
prior notice.
Dispute Resolution
Any dispute between 8bucksamonth.com and a Client shall
be determined by
arbitration conducted
by the American
Arbitration Association
pursuant to its
commercial arbitration
rules. The arbitrator
shall decide any
dispute in accordance
with California
law, without the
application of
choice of law principles.
Each party shall
bear its own expenses
and legal fees
for the arbitration.
The arbitration
shall be conducted
in Orange County,
California.
The arbitration
award is enforceable
as a judgment of
any court having
proper jurisdiction.
