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SUCCEED.NET
WEB HOSTING SERVICES TERMS &
CONDITIONS
Last Modified:
12/20/2010
Webhosting Terms of Service
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) 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. 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. Providing false contact information of
any kind may result in the termination of your account. In dedicated server
purchases or high risk transactions, it will be necessary to provide
government issued identification and possibly a scan of the credit card used
for the purchase. If you fail to meet these requirements, the order may be
considered fraudulent in nature and be denied.
Transfers
Our transfers team will make every effort to help you move your site to us,
however, we can not make guarantees of the transfer process. We provide this
as a courtesy service and can not make guarantees regarding its availability
or the amount of time it may take as each host is configured a little
differently. We will try our best, however, in some cases we may be unable
to assist you in a transfer of data from an old host.
Content
All services provided by Succeed.Net may only be used for lawful purposes.
The laws of the State of California, and the United States of America apply.
The customer
agrees to indemnify and hold harmless Succeed.Net 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. If you believe that your copyright or trademark
is being infringed upon, please email
abuse@succeed.net with the information
required.
Examples
of unacceptable material on all Shared and Reseller servers include:
IRC Bots,
Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump,
mirror, or banner-ad services (similar to rapidshare, photobucket, or
commercial banner ad rotation), affiliate servers, topsites, commercial
audio streaming (more than one or two streams), Escrow, High-Yield Interest
Programs (HYIP) or related sites, Investment sites (FOREX, egold
exchange), sale of any controlled substance without prior proof of
appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture
Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate
sites, hacker focused sites/archives/programs, or sites promoting illegal
activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam
Scripts. Forums and or websites that distribute or link to warez content are
prohibited.
Using a shared
account as a backup/storage device is not permitted,
with the exception of one Plesk backup of the same account.
Examples
of unacceptable material on Dedicated servers include:
Pirated
Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or related
sites, Investment sites (FOREX, egold exchange), sale of any controlled
substance without prior proof of appropriate permit(s), AutoSurf sites, Bank
Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery
sites, hate sites, hacker focused sites/archives/programs, or sites
promoting illegal activities, IP Scanners, Brute Force Programs, Mail
Bombers and Spam Scripts. Forums and or websites that distribute or link to
warez content are prohibited.
Succeed.Net services, including all related equipment, networks and network
devices are provided only for authorized customer use. Succeed.Net 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 Succeed.Net
system(s) constitutes consent to monitoring for these purposes.
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@succeed.net 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 username 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.
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 with or
without notice.
Please read
http://www.succeed.net/mailpolicy.html
for 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. No organization or entity listed in the
ROKSO may be hosted on our servers. Any
account which results in our IP space being blacklisted will be immediately
suspended and/or terminated.
Succeed.Net
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.
Succeed.Net
reserves 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 entirely
at the discretion of Succeed.Net.
Backups and
Data Loss
Your use of the service is at your sole risk. Succeed.Net 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 Succeed.Net servers.
Succeed.Net may provide for you to backup your own website via your web
hosting control panel.
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 by calling 530-674-4200.
The following
methods of payments are non-refundable, and refunds will be posted as credit
to the hosting account:
-
Bank Wire
Transfers
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Western
Union Payments
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Checks
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Money
orders
There are no
refunds on dedicated servers, administrative fees, install fees for custom
software, or domain name purchases. Refund requests for shared and reseller
accounts after the initial 45 days will be refunded on a prorated basis of
any unused time. We do not give pro-rated refunds.
Only
first-time accounts are eligible for a refund. For example, if you've had an
account with us before, cancelled 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.
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. Please note that you
may link to torrents off server, but may not host or store them.
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
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")
INODES
The use of more than 50,000 inodes (or files) on any shared account may
potentially result in suspension. Accounts found to be exceeding the 50,000
inode limit will automatically be removed from our backup system to avoid
overusage. 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 Plesk and choose "Mail", then "Default Address",
"Set Default Address", and then type in: :fail: No such user here
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.
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 Succeed.Net 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
billing@succeed.net 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.
Shared /
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.
Dedicated
Servers
Succeed.Net 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. Succeed.Net 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
billing@succeed.net if you wish to
obtain a secondary hard drive. It is your responsibility to maintain
backups.
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 succeed.net, and
the right to increase the amount of resources given to plans at any time.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Succeed.net
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against Succeed.Net, 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 Succeed.Net against liabilities arising
out of; (1) any injury to person or property caused by any products sold or
otherwise distributed in connection with Succeed.Net; (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 Succeed.Net's server.
Arbitration
By using any Succeed.Net services, you agree to submit to binding
arbitration. If any disputes or claims arise against Succeed.Net or its
subsidiaries, such disputes will be handled by an arbitrator of
Succeed.Net's choice. An arbitrator from the American Arbitration
Association or the National Arbitration Forum will be selected in the state
of California. 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.
Disclaimer
Succeed.Net shall not be responsible for any damages your business may
suffer. Succeed.Net makes no warranties of any kind, expressed or implied
for services we provide. Succeed.Net 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 Succeed.Net and its employees.
Disclosure to
law enforcement
Succeed.Net 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.
Changes to the TOS
Succeed.net reserves the right to revise its policies at any time without
notice.
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