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Terms Of Service- Welcome! |
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All clients must agree to and abide by the following terms of
service (TOS) and are responsible for any services they sell to
others as well.Policy
and Service Guidelines
We provide web hosting to hundreds of clients, and we
have a responsibility to protect each client and to provide the best
services available. The following guidelines were designed to ensure
these obligations are met.
SPAM: We do not allow,
condone or support SPAM (Sending of
unsolicited email advertisements).
Spam Violations include
but are not limited to: bulk mailing of commercial
advertising, charity requests, petitions, and political
or religious tracts. Such messages may only be sent to
those who have explicitly requested it from your domain.
Forging, altering or removing electronic mail headers is
prohibited.
Spamming Newsgroups: Commercial advertisements are
unwelcome in most Usenet discussion groups and on most
e-mail mailing lists. Inappropriate posting may result
in account cancellation. See the newsgroup or mailing
list's charter for whether advertising is allowed or
not. "Spamming," or sending a message to many different
off-topic newsgroups, is particularly unethical and will
be treated as such.
Providing spamware: (software used to send bulk email
or software used to harvest email addresses) or links to
sites providing spamware is strictly prohibited and
subject to demand for removal or account cancellation.
Using FormMail (form to email software): We allow
the use of and provide use of pre-installed scripts like
formmail, but due to spamming and abuse of such software
by spammers, we request clients use our pre-installed
scripts which we keep up-to-date. A client is permitted
to install their own form to email script, however they
are then responsible for its use and if we find it is
out of date and/or is being used by spammers, we deserve
the right to disable the script.
Summary: Spamming, or the sending of unsolicited
email, from our server or using an email address or
domain that is maintained on our machine as reference is
STRICTLY prohibited. We will be the sole arbiter as to
what constitutes a violation of this provision.
Content:
All services provided may 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 City law is prohibited. This
includes, but is not limited to: copyrighted material,
material we judge to be threatening or obscene, or
material protected by trade secret and other statute.
The subscriber agrees to indemnify and hold us harmless
from any claims resulting from the use of the service
which damages the subscriber or any other party.
Although we support freedom of speech and expression,
we require that clients refrain from posting explicit
adult content or pornographic content on our servers.
This includes sites that may infer sexual actions, or
links to pornographic content elsewhere. Scorpion Web
Hosting will be the sole arbiter in determining
violations of this provision. If you have questionable
content, please ask sales before posting. Also
prohibited are sites that promote any illegal activity
or present content that may be damaging to our servers
or any other server on the Internet. Links to such
materials are also prohibited.
Examples of unacceptable content or links:
• Pirated software
• Hacker programs or archives
• Warez sites
• Sites with explicit adult or pornographic content
• Non-Licensed MP3's or Software
•
Displaying material that exploits children under 18
years of age
We will be the sole arbiter as to what constitutes a
violation of this provision.
Disclaimer - Scorpion Web Hosting/Clearwater Creations
and our network providers are not responsible for any
damages caused by services provided, and makes no
warranties of any kind, expressed or implied for
services we provide.
Background Running Programs - We may allow programs to
run continually in the background. These are considered
on a case-by-case basis and an extra charge may be
incurred based on system resources used and operational
maintenance needed. We will notify a customer in advance
if such a case arrises. We currently do not allow IRC or
IRC bots, or Eggdrop to be operated on our servers.
Server Abuse: Any attempt to undermine or cause harm
to a server, or customer is strictly prohibited. We also
may move your site or request cancellation if you use a
majority of system resources which affects other users.
Refusal of Service: We reserve the right to refuse,
cancel, or suspend service at our sole discretion. You
may not use our services or servers for disseminating or
hosting harmful content including, without limitation,
viruses, Trojan horses, worms, time bombs, cancelbots or
any other computer programming routines that may damage,
interfere with, surreptitiously intercept or
expropriate any system, program, data or personal
information.
All accounts and customers using our services must
adhere to the above policies. Failure to follow any term
or condition will be grounds for immediate account
deactivation.
Resellers: (for customers using our reseller accounts)
Resellers are responsible for ensuring all clients abide
by our terms and conditions, and resold accounts are
subject to cancellation for violation. Reseller terms
and conditions are also listed at http://coolreseller.com
and addend to these terms.
Payment
Customers who are on recurring monthly plans are due
for automatic billing from their credit card one month
after their sign up date, and every month thereafter, on
or about the same day of the month. (Reseller accounts
and their resold accounts are billed on the same day
each month after the first month)
If your
credit card information has changed, then you must
notify us immediately so we may change this information.
If on your bill date, your credit card is declined, or
payment is not made, you will get a notice that your
account will be suspended in 3 days. If after this
notice and 3 days has passed your account may be
interrupted temporarily and an email will be sent to the
address on file to notify you of this problem. If
payment is not arranged within 14 days, we will close
your account, and any files will be lost. All prices are
in US Dollars (USD). Any other payments, such as check
or PayPal (www.paypal.com) must be received to be posted
by the due date for your account.
Credit
Card Payments
We are happy to accept Visa, Mastercard, American
Express and Discover cards for payment. We use various
fraud prevention methods to protect us, our merchant
account, our bank and the customer who owns the credit
card being used. This includes tracking the IP number
and ISP of the person who is using the credit card,
verifying the card matches the Zip Code and Address of
the cardholder. If anyone attempts to obtain service
using a fraudulent or unauthorized credit card, your
hosting account will be terminated without warning, we
will have the right to place an 'account suspended' page
on your IP, and we will cooperate with authorities to
report the incident and the information used to obtain
the account including your domain name. We will also
bill you for all charges to us, including but not
limited to bank fees, amounts charged back, plus 5%.
We take credit card fraud very seriously, We use
CHARGEBACKBUREAU.ORG to pre-check for fraudulent charges
and chargeback oriented purchasers. If you have received
a credit card statement with our name on it, and did not
order our services, please email billing@ScorpionWebHosting.com
immediately. Your credit card statement will be billed
as Scorpion Web Hosting (web host).
Resellers who add a domain during their normal monthly
cycle will be charged the first billing cycle up front
for the new domain, and after the first month, all
domains are rebilled on the same date.
Reseller accounts are required to sign a credit card
payment agreement so we have a signature on file for the
credit card BEFORE their account is activated.
Cancellation
If for any reason you are not satisfied with our
services, please let us know. We build our services
around making hosting simple for the customer and want
you to be happy. If for some reason we cannot meet your
needs, you may notify us in writing and we will
discontinue billing your account at the end of your
current bill cycle. No refunds are issued for hosting
services already paid for, except during the first 30
days of service.
To cancel your account, fill out this form: /cancel
You will receive a reply confirming that the account
is canceled within 24 hours, which will then indicate
the account has been cancelled. Due to abuse of the 30
day money back guarantee policy, we must enforce the
following;
In order to receive a refund per our 30 day money back
guarantee, the customer must:
a. Request the refund upon cancellation in the
comments field.
b. Use the cancellation form at
http://ScorpionWebHosting.com/cancel
c. Provide a legitimate reason for requesting the
refund. This includes a support ticket number in which
we could not resolve to your satisfaction, or another
reason which we can verify that our advertised product
is not what you expected. We will not refund money if
you can not provide this information.
Refunds are provided only for the amount paid and only
to the same card used for payment and take about 4-5
business days to process.
New domain
registrations
are final once submitted, however you may transfer
your domain to another provider if you wish. Once you
have submitted your order for a domain name it is
registered and not reversible, and we cannot refund the
domain registration charges. To transfer or modify
domain information, email us. If a domain is not
available or taken before our system can register it, we
will notify you and offer to register another domain or
refund the registration charges. You should note the
Uniform Domain Name Dispute Resolution Policy from
ICANN before registering a new domain. Domain
Promotions - Any client who signs up and qualifies for a
promotion which includes a domain registration shall
understand the following: a. the domain is registered
for new hosting accounts only for a period of one (1)
year on behalf of the customer by Scorpion Web Hosting.
b. The domain is considered paid for as part of the
promotion and if the client chooses to cancel service
prior to the end of the required term to receive the
domain name registration promotion, the client will be
responsible for the normal $14.95 registration fee in
order to take ownership of the domain. Else, after the
promotional term is paid and completed by the client,
they have ownership and are able to modify and transfer
the domain as needed per our terms of services. c. The
included TLD for domain promotions is .com .net .org
.biz or .us only.
Resellers
All Resellers must ensure that their clients also
abide by and understand our terms and conditions of
service as stated on this page. If a resold client is in
violation, we reserve the right to suspend the domain
without notice. We do not have any interaction with a
Reseller's client and will only deal with the reseller
for any support or account related issues. We will
strive to provide support for you as you support your
clients, but request and recommend that you use the
provided materials and knowledgeable in order to best
serve your clients. If there is a problem you cannot
resolve we will be happy to assist you if you submit a
support request using the 'Email Support' button in your
reseller main control panel. Make sure to include the
domain of the client, username, and details of the
problem. Reseller accounts
must keep a current credit card on file.
If we attempt to rebill your account for monthly fees
and your card is declined, all of your domains are
subject to interruption. We first send notice and then
will interrupt your main reseller account 3 days after
your due date if a card is declined. You will then also
be unable to add domains. After 14 days all of your
resold domains will be suspended. After 10 more days
your accounts are removed permanently from the servers.
You may charge any amount you wish for our services as
a reseller and use our text and information from web
site and support section as necessary to market your
business as long as you remain a customer (except our
own graphics or logos).
Note: The 30 day money back guarantee applies to the
reseller main account only, not resold accounts. We are
not liable for losses due to your clients or their
actions. Any resold account (customer of a reseller) who
is found abusing server resources or violating polices
of Scorpion Web Hosting will be suspended or terminated
without notice. Reseller is responsible for any
charges/fees or penalties caused by their clients.
Data Transfer
Additional data transfer is billed at $2.50 per 1000
Megabytes/month (or portion thereof). When you exceed,
or are about to exceed, we will attempt to send you a
courtesy e-mail, also there is a feature in the control
panel under Administration which allows you to ask the
server to send you an email, we are not responsible for
checking on your account daily and if you exceed, you
are still responsible for your usage charges. You may
elect to change to a different hosting plan during the
bill cycle (we prorate changes mid-cycle) to help cover
usage, however, you must remain on that new plan for at
least 30 days. If you do not change to another plan, you
are charged the fee above. We can not make exceptions to
this for any reason, including not sending you a
courtesy email. The transfer for your site is listed in
the control panel to check anytime.
Contact
You may reach us for support using the ticket system
link in your control panel. If this link is not
available to you, then you may email support using the
link on our contact page or by sending an email to
support@supportpages.net
Please make sure to contact only the appropriate
department with your question. Do not send the same
question to several addresses on our site or addresses
which are not advertised for such use by our clients.
Any client which abuses email to our
support team,
billing team (customer care),
domain registration or
sales departments by sending multiple emails of the
same subject/content within a short period of time,
using abusive language towards employees, threatening
employees or the company will be removed from the
servers.
We make no promises of profit or income. You are
responsible for abiding by laws/tax laws applicable in
your place of business.
If you have any questions regarding our policies or
services, please
contact us.
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