The following terms and conditions (these "Terms") govern the provision by SpdyHost (this "Site") of the services and/or products (referred collectively herein as "Services and Products or Solutions") described on the Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the "Service Descriptions") and defined in any of the Company's product support listing, to the customer ("Customer") identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products or Solutions, are referred to herein, collectively, as this "Agreement". By accessing this site, you are automatically and electronically bound by these site Terms of Service. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials in this site are protected by applicable copyright and trademark law.
1) Subject Matters of these Terms
A) Your access to and use of this Site and the Products and Services or Solutions is conditioned on your acceptance of and compliance with these Terms.
B) By using PayPal and Rocketr to handle payments, you automatically agree to PayPal's Acceptable Use Policy and Rocketr's Terms of Service.
C) By using our Products and Services or Solutions, you understand SpdyHost is operated under Hetzner's datacenter and automatically agree to their Terms of Service.
2) Backup and Data Loss
Your use of this service is at your sole risk. SpdyHost does make routine service backups but does not guarantee extended backup of individual client hosted data or content. SpdyHost is not responsible for files and/or data residing on your account unless expressed otherwise. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on SpdyHost servers in the event data or content is lost. Backups will not be provided for accounts that have been suspended or terminated for any reason.
3) SLA / Uptime Guarantee
Approval of any credit is at the discretion of SpdyHost dependent 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 [email protected] or submit a ticket with proper justification. All requests must be made in writing via email. The 99.9% up time guarantee only applies to Shared Solutions.
4) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists", purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, 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. SpdyHost 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. SpdyHost 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 SpdyHost.
5) 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.
6) Money Back Guarantee / Refund Policy
By ordering our services, you agree to adhere to our Refund Policy. Failure to do so will result in suspension and possibly termination without further explanation.
Each service offered by SpdyHost includes a 24 hour money back guarantee with the use of PayPal only; Bitcoin payments are not included in this guarantee. Services such as administrative fees and install fees for custom software are not refundable. This Refund Policy only pertains to our Shared Hosting and is completely up to us to agree on the reasoning why you're requesting a refund. If we are able to fix the issue based on your refund request, a refund will not be granted. Prepayments and account credit are ineligible to be refunded, or transfered to alternate accounts regardless if the upcoming billing term has started. Terminated or Suspended services within the 24 hour money back period are also ineligible to be refunded. SpdyHost reserves the right and will deny activation of new orders or packages for customers who have an outstanding balance with SpdyHost. For a new order to be completed or a new package to be activated, you must have a $0.00 balance unless stated otherwise by SpdyHost in writing.
7) Prohibited TLD Extensions
The following TLD (top-level domain) extensions are prohibited from being used on the SpdyHost network:
Customer agrees that it shall defend, indemnify, save and hold SpdyHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against SpdyHost, 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 SpdyHost against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with SpdyHost; (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 SpdyHost server.
9) Prohibition of Offensive Behavior
Racist, intolerant, "hate", defamatory, "stalking", invitations to fight, threatening or any communication of any nature that we decide, in our sole discretion, as being improper, will result in service termination without prior notice. Subscribers may not make comments on online social networking, blogs, forums or any online media websites, that we deem to be inproper, unfair or discourteous to the effort made my SpdyHost employees. Your account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback.
10) Fraud / Providing Inaccurate Information
Upon registration at SpdyHost, you agree the information you provide to us is accurate. In the event fraud or inaccurate information is discovered, fraudulent clients are subject to immediate suspension and/or termination at the sole discretion of SpdyHost. If your service is suspended due to inaccurate information, you will be required to provide a state issued photo ID and inaccurate information to be updated or service will remain suspended until date of termination.
SpdyHost shall not be responsible for any damages your business or website may suffer. SpdyHost makes no warranties of any kind, expressed or implied for services we provide. SpdyHost 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 SpdyHost and its employees.
By ordering our services, you agree to adhere to our Acceptable Use Policy. Failure to do so will result in suspension and possibly termination without further explanation.
13) Un-Suspension Fees
If your services at SpdyHost get suspended for any reason deemed inappropriate by SpdyHost or if the TOS has been violated. An un-suspension fee of $3.00 will be charged at our discretion to the effected account in order to unsuspend it.
14) Late / Overdue Fees
SpdyHost reserves the right to hold accountable any client with active or suspended services with a late/overdue fee. All clients are eligible for a 5 day grace period. By this, a client has an additional 5 days after their initial service due date to make a payment before your payment is deemed overdue and a fixed late fee of $3.00 is assessed. On day 3 of your grace period, your service is automatically suspended until a payment is made. Once you fall into day 6 at 12:01 AM local time of your 5 day grace period and no payment is received, your service will be automatically terminated and all data becomes unrecoverable.
15) Service Termination
As stated in above, any services in which are terminated are at loss of data and cannot be recovered. If or when your service(s) are terminated, SpdyHost cannot reinstate said service(s) and will not attempt to do so. If your service(s) result in termination, you are not eligible for a refund as per section 6) Money Back Guarantee / Refund Policy listed above.
16) PayPal Payments
SpdyHost uses PayPal as one of its payment gateways. All transactions are done in USD and you may be subject to a currency conversion fee or standard PayPal transaction fee based on your account standings. By using this payment method, you are solely responsible for paying any additional fees assessed by PayPal during each transaction made with SpdyHost. Shall a fee be assessed during a transaction and you require a refund, the fee assessed during the original transaction will not be included in the refund. Based on your financial standings with PayPal or whichever method of payment you use via PayPal, your service is automatically provisioned upon successful payment.
17) Bitcoin Payments
SpdyHost uses Rocketr as one of its payment gateways which strictly handles Bitcoin transactions. All Bitcoin transactions have to receive 3 confirmations before your service will be automatically provisioned by SpdyHost. Please note, there is no way to expedite this process. By using this payment method, you are solely responsible for paying any Bitcoin mining fees or any additional fees assessed by Rocketr if necessary during each transaction made with SpdyHost. Bitcoin payments do not fall under our Money Back Guarantee / Refund Policy due to the fluctuating mining fee(s) assessed during each transaction and what SpdyHost's payment processor takes out per received transaction.
18) DMCA Notice
This site is a "cPanel Web Hosting Provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). As required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Email: [email protected]
Please send us an email for notice of claimed infringement specified above with complaints regarding allegedly infringing hosted material and we will investigate those complaints. If the hosted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the appropriate party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
19) Changes to TOS
SpdyHost reserves the right to revise its policies at any time without notice.
Last Modified: 10/10/2018