Terms of Service
1) Account Setup
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. Setup time will generally range from within 1 hour to 24
hours after payment is received. your setup information will be
delivered via email only.
2) Content
All services provided by us may only be used for lawful
purposes. This includes, but not limited to: copyrighted
material, material we judge to be threatening or obscene,
pornography. We reserve the right to refuse hosting to any site
we deem not in line with the values of EthicalHost.
Examples of unacceptable material:
IRC Bots
Warez Sites
Pirated Software
Hate sites
Hack programs and archives
Illegal or content deemed to be illegal.
information relating to an illegal substance.
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 without notice.
We reserve the right to require changes or disable as
necessary any web site, account, database, or other component
that does not comply with this policy, at its sole discretion.
We also reserves the right to make any such modifications in an
emergency at our sole discretion.
We reserve 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 left entirely to the discretion of
EthicalHost.ca. All rights reserved.
4) Mailing Lists Rules
There is a 200 hourly email limit per domain this limit is
also applied towards mailman. If you send over this amount in
any hour, most of the e-mails will bounce back with a
undeliverable error.
Any mailing list larger than 800 will not be allowed to operate. Please note that dividing
one large list into smaller lists to get below this limit is not
allowed.
We generally recommend you get setup with
MailChimp which is a professional level mailing list manager
and is free for lists of up to 2000 contacts. It will save you
time, headaches and provide some good reporting stats. Check out
their
pricing plans.
A) Anytime you're sending a message, no matter how large your
mailing list is you must throttle it. We recommend you throttle
it to at the very least sending 1 email every 10 seconds. If the
mailing list software you're using does not allow you to
throttle, you must switch to something else. We recommend phpList, which can be found in your control panel under
Softaculous. If you do not throttle and you try sending, for
example, 500 emails, the server will try sending all 500 in 1
second, which is not possible. This will cause the server load
to go very high and the entire server will be sluggish until
this process is completed. It is our job to keep the server up
and running without being sluggish. Anyone who causes the
server's load to go high will be suspended and the process will
be terminated. If you choose not to throttle, you will most
likely be suspended for crashing the server.
B) Any mailing list over 500 emails is only allowed to be
sent to during off-peak times to prevent high server loads. Off
peak times qualify as all day Saturday and Sunday, and 1 AM - 8
AM Eastern Time on Monday - Friday.
C) You are not allowed to mail to a mailing list you were
given or purchased. This is spamming because the subscribers
never agreed to you personally sending them mail. We do not care
how you justify it, this is spam and will result in
termination of the offending account.
D) Any unsolicited e-mail being sent will result in
termination of the offending account. We have a zero tolerance
policy regarding the sending of unsolicited e-mail.
5 Payment Information
a) You agree to supply appropriate payment for the services
received from us, in advance of the time period during which
such services are provided. You agree that until and unless you
notify EthicalHost of your desire to cancel any or all
services received, those services will be billed on a recurring
basis.
b) Late Payment - Account Termination
Any account that is past due will be sent past due payment
reminders to the email address on contact in the Account Manager
at 5,12 and 27 days past their invoice due date. Any
account over 30 days past due will be Suspended. After 45 days
past due, the account will be terminated and all files removed
from the server including any and all backups. Any customer
wishing to retrieve lost files after the account has been
terminated will be require to pay a $50 admin fee (if the files
still exist on a backup server).
6) Backups and Data Loss
a) Your use of the service is at your sole risk. We are not
responsible for files and 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 our servers. Any restore request made of EthicalHost will be
billed at a rate of $40 per request (unless the restore is a
result of something we have done of course).
b) Backup Server: EthicalHost now uses a Backup server
called r1soft to log restore points 4-6 times times per day that users can
manually restore themselves. This service is now a One time
(lifetime) fee of only $25.
7) Cancellation and Refunds
Customers may cancel at any time. We give you an
unconditional 30 day money back guarantee on our hosting
services. Refund requests received after 30 days from the date
of signup will be refunded on a prorated basis of any unused time less any
pre-payment discounts.
EthicalHost reserves the right to cancel a Customers account at any
time with 24 hours notice sent to the email contact on file in
the Billing Management area. If we take this action, Full pro-rated refunds will be sent
except in cases where the site was terminated due to illegal
activity, abuse, abusiveness towards our staff or any activity that violates these terms of service.
8) Resource Usage
Users may not initiate the following:
a) Use 20% 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 any type of interactive real-time chat applications
that require server resources. Remotely-hosted services are
fully allowed.
c) Run stand-alone, unattended server-side processes at any
point in time on the server. This includes any and all daemons,
such as IRCD.
d) Run any software that interfaces with an IRC (Internet
Relay Chat) network.
e) Run any gaming servers such as counter-strike, half-life,
battlefield1492, etc
9) Add-On Domains
In the interests of keeping and ethical and quality service,
add-on domains related to each hosting account are limited in
scope to sites that each customer owns/runs or is related to in
some way (e.g. being on the board of a non profit group or a
site for your sister or brother) and no money is exchanged in
return for the hosting, design or management of said add-on site. Absolutely no
reselling of add-on domains is allowed.
10) 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.
11) Money back Guarantee
We give you an
unconditional 30 day money back guarantee on our hosting
services. This must be requested in writing within 30 days from
the date of signup.
12) Uptime Guarantee
EthicalHost prides itself on having a fantastic uptime
record. We also want to take the confusion and vagueness out of
our guarantee as compared to other web hosts. You may find most
other hosts are not very clear what their guarantee means, what
you will get and how you will get it or sometimes it really
doesn't mean anything all (such as only covering the internet
connection to the server).
a) What Is Guaranteed?
- We guarantee the Server will be operational 99.9% during any
given MONTH (most other hosts do it based on the entire year).
Please note that this guarantee applies only to unscheduled
outages.
- The guarantee applies to the entire server being offline, not
individual accounts.
b) What is NOT Covered by the Guarantee?
- Scheduled outages and small downtime due to server reboots for
regular upgrades and updates do not count toward this guarantee.
- Any individual account that is offline due to user error,
unsecure scripts, unsecure passwords, invalid account use,
violation of our terms of service, and other site related hacks
will not count toward this guarantee.
- EthicalHost is not responsible for any down time caused by a
client's error
c) how is the downtime calculated?
- We have 2 outside uptime monitoring services running and
checking the server at 5 minute intervals. Should these services
report downtime, we will use those downtime lengths Plus 5
minutes in calculating the total downtime incurred for the
month.
- In the event that an individual service that is not monitored
(such as email) we will use our own discretion and internal
notifications to asses the total downtime, however the total
downtime will be factored at a multiple of 0.5.
d) What will my refund be?
- Should the server be down for more than 0.1% of time (approx
43 minutes) in any given month, We will refund to your account
ONE FULL MONTH of hosting fees.
e) How do I get the refund?
- you can create a support ticket within the Account Manager
letting us know that you think the server was down for an
extended period of time during the month. We will review the
downtime reports from our service providers and if they say the
server was down for more than 0.1% of time during the month, 1
month's hosting fee will be credited to your account.
-We do not penalize you by counting the downtime from the time
you open a ticket like some other hosts do (that's just not
ethical)
13) Price Change
The amount you pay for hosting will NEVER increase from the
date of your purchase for web hosting. We reserve the right to change prices listed
on our site, and the right to increase the amount of resources
given to plans at any time.
14) Indemnification
Customer agrees that it shall defend, indemnify, save and
hold EthicalHost and its affiliates, directors, officers,
employees and agents harmless from and against any and all demands, liabilities, losses,
costs or damages, including reasonable attorneys' fees,
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 any liabilities arising out
of; (1) any injury to person or property caused by any products
sold or otherwise distributed in connection with us; (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 EthicalHost's server. EthicalHost will not be held
responsible for damages claimed by any reseller customer.
15) Limitation of Liability
IN NO EVENT SHALL ETHICALHOST BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES RELATED TO
CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR
DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS
AGREEMENT OR YOUR USE OR INABILITY TO USE OUR SERVICES
(INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF ETHICALHOST'S
SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF ETHICALHOST
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL ETHICALHOST'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT
PAID BY YOU FOR THE SERVICES DURING THE PRIOR TWELVE (12)
MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
ETHICALHOST'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY
LAW.
16) Disclaimer
We will not be responsible for any damages your business may
suffer. We make no warranties of any kind, expressed or implied
for services we provide. We disclaim 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
us or our employees or contractors.
17) Changes to the TOS
We reserve the right to revise these policies at any time
without notice.
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