The use of services from Scottdale 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) in case 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. If you
have a domain name registered with Scottdale Hosting, it is your responsibility
to ensure that the contact information for your domain account and your actual
domain name(s) is correct and up-to-date. Scottdale Hosting is not responsible
for a lapsed registration due to outdated contact information being associated
with the domain. If you need to verify or change this information, you should
contact our sales team via email. Providing false contact information of any
kind may result in the termination of your account.
Transfers
Our transfers team will make every effort to
help you move your site to us. However, transfers are provided as a courtesy
service, and we can not make guarantees regarding the availability, possibility,
or time required to complete an account transfer. Each hosting company is
configured differently, and some hosting platforms save data in an incompatible
or proprietary format, which may make it extremely difficult if not impossible
to migrate some or all account data. We will try our best, but in some cases we
may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the support department with specific details to receive a price quote.
2.) Content
All services provided by Scottdale Hosting
may only be used for lawful purposes. The laws of the State of Pennsylvania and
the United States of America apply.
The customer agrees to indemnify and hold harmless Scottdale 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. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@scottdalehosting.com with the information. If the request is of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.
Examples of unacceptable material on all Shared and Reseller servers include:
Scottdale Hosting services, including all related equipment, networks and network devices are provided only for authorized customer use. Scottdale Hosting systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Scottdale Hosting system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Scottdale Hosting may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), 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@scottdalehosting.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 child pornography or linking to child pornography will be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
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 user name 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.
3.) Zero Tolerance Spam Policy
We take a zero tolerance
stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe
lists" and purchased lists will be treated as spam. Any user who sends out spam
will have their account terminated with or without notice.
Please read 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. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Scottdale 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.
Scottdale Hosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Scottdale Hosting.
4.) Payment Information
You agree to supply appropriate
payment for the services received from Scottdale Hosting, in advance of the time
period during which such services are provided. You agree that until and unless
you notify Scottdale Hosting of your desire to cancel any or all services
received, those services will be billed on a recurring basis. This includes when
accounts are suspended. When an account's invoices are paid outside of the 10
day grace period, invoices will not be automatically generated. However, after
the customer notifies Scottdale Hosting of his or intent to resume service,
invoices will be manually generated and payment expected for the time the
account was suspended.
Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the ticketing system to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of Scottdale Hosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Scottdale Hosting of your desire to cancel any or all services received (by the proper means listed in the appropiate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Scottdale Hosting. Scottdale Hosting reserves the right to bill your credit card or billing information on file with us. Scottdale Hosting provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in an account suspension until account balance has been paid in full. Access to the account will not be restored until payment has been received.
It is the customer's responsibility to notify our sales team via email at sales@scottdalehosting.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Scottdale Hosting cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.
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@scottdalehosting.com
Scottdale Hosting reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of this service is
at your sole risk. Our backup service is provided to you as a courtesy.
Scottdale 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 Scottdale
Hosting servers. Backups will not be provided for accounts that have been
suspended or terminated for any reason unless otherwise agreed to in writing by
Scottdale Hosting.
6.) Cancellations and Refunds
Scottdale Hosting
reserves the right to cancel, suspend, or otherwise restrict access to 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 support ticket. Scottdale Hosting gives you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
There are no refunds on Dedicated Servers, Virtual Private Servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared and reseller accounts after the initial 30 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, canceled 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.
7. 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. 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.
i) 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 250,000 inodes on any
shared account may potentially result in a warning first, and if no action is
taken future suspension. Accounts found to be exceeding the 100,000 inode limit
will automatically be removed from our backup system to avoid over-usage. Every
file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
7c.) Backup Limit
Any shared account using more than
20 gigs of disk space will be removed from our off site weekly backup with the
exception of Databases continuing to be backed up. All data will continue to be
mirrored to a secondary drive which helps protect against data loss in the event
of a drive failure. You are authorized to keep one backup of your shared hosting
account in your directory. Storing any more than one backup will result in a
warning and then termination of the account. If you require numerous backups of
your site, you can make backups via your cPanel and then download them to your
personal computer. We keep weekly and monthly backups of all accounts. Storing
backups from other sites in your directory will result in immediate termination
of the account. (ie, using our unlimited space as a backup storage location for
other hosting company's)
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
collocation no full refund will be honored -- the 30 day money back guarantee
does not apply. We reserve the right to refund a prorated amount or no refund at
all.
Each of Scottdale Hosting's managed shared and reseller servers carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 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, website scripts, or domain name purchases.
Scottdale Hosting will not activate new orders or activate new packages for customers who have an outstanding balance with Scottdale Hosting. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by Scottdale Hosting in writing
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
Scottdale Hosting dependant 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@scottdalehosting.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.Scottdale 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'. Scottdale 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) / Semidedicated 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
Scottdale 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 datacenter. 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. Scottdale Hosting reserves the right to
audit servers as needed and to perform administrative actions at the request of
our datacenter. 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@scottdalehosting.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 scottdalehosting.com, and the right to increase the amount of
resources given to plans at any time.
14.) Coupons
Discounts and coupon codes are reserved
for first-time accounts *or first-time customers* only and may not be used
towards the purchase of a domain registration unless otherwise specified. If you
have signed up using a particular domain, you may not resign up for that domain
using another coupon at a later date. Any account found in violation of these
policies will be reviewed by our sales department and the appropriate invoices
will be added to the account. Coupon abuse will not be tolerated and may result
in the suspension or termination of the account.
15a.) Indemnification
Customer agrees that it shall
defend, indemnify, save and hold Scottdale Hosting harmless from any and all
demands, liabilities, losses, costs and claims, including reasonable attorney's
fees asserted against Scottdale 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 Scottdale
Hosting against liabilities arising out of; (1) any injury to person or property
caused by any products sold or otherwise distributed in connection with
Scottdale 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 Scottdale
Hosting's server.
15b.) Arbitration By using any Scottdale Hosting services, you agree to submit to binding arbitration. If any disputes or claims arise against Scottdale Hosting or its subsidiaries, such disputes will be handled by an arbitrator of Scottdale Hosting's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Pennsylvania. 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.
16.) Disclaimer
Scottdale Hosting shall not be
responsible for any damages your business may suffer. Scottdale Hosting makes no
warranties of any kind, expressed or implied for services we provide. Scottdale
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 Scottdale Hosting and
its employees.
17.) Disclosure to law enforcement
Scottdale 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.
18.) Changes to the TOS
Scottdale Hosting reserves the
right to revise its policies at any time without notice.