Terms of Service

Terms of Service

The use of services from SolidHostDesign, Inc., [hereafter referred to as “SolidHostDesign” or “SHD”] constitutes agreement to these terms. Any questions regarding these terms may be submitted to SHD via the contact form at the end of this web page.

Authorization

The client engaging SolidHostDesign certifies they are of legal age, have full authority to enter into contract with SolidHostDesign and have the ability to grant necessary access to web servers and any other accounts required for the establishment of an existing or new web site on our servers.

Billing & Payment Policies

You agree to supply appropriate payment for the services received from SolidHostDesign, in advance of the time period during which such services are provided.

You agree that until and unless you notify SolidHostDesign of your desire to cancel any or all services received, those services will be billed on a recurring basis unless other arrangements are made and agreed to by both parties.

As a client of SolidHostDesign, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. SolidHostDesign’s invoices are automatically generated 14 days prior to their due date.

Any invoice that is outstanding for 7 days and not paid will result in a 20% late fee. Delinquent accounts are subject to collection, suspension until account balance has been paid in full. SolidHostDesign reserves the right to suspend delinqent accounts that remain so for an excessive amount of time.

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 billing@solidhostdesign.net

SolidHostDesign reserves the right to change the monthly payment amount and any other charges at anytime.

Monthly service fees are due at the beginning of each month for the upcoming month. Payment in advance is certainly acceptable. Payment can be completed online via PayPal using the client’s portal account or by sending a check in the amount required to:

SolidHostDesign, Inc.
P.O.B. 340007
Tampa, FL. 33694
Attn: BILLING

Payment Methods

You will be invoiced via email notification originating from PayPal. You will then have the option to pay online or forward a check or money order to the following address (PLEASE include on the check the project or invoice number!)

SolidHostDesign
POB 340007
Tampa, FL 33694
Attn: Billing

Payment Agreements

Some clients request payment agreements and if agreed to, those would be arranged at the discretion of SolidHostDesign.

Prices and Fee Changes

SolidHostDesign reserves the right to change pricing for services and fees at any time without notice.

Refunds

Refunds are given at the discretion of SolidHostDesign, Inc. and are dealt with on a case by case basis only.

Chargebacks

SolidHostDesign will not negotiate chargebacks with any person or company. Chargebacks are never an acceptable means of attaining a refund. To request a chargeback on your credit card for a valid transaction is considered fraud. Fraudulent credit card chargebacks will be aggressively prosecuted and reported to all major credit bureaus as a delinquent collection account. Should a chargeback be filed against SolidHostDesign, SolidHostDesign will not hesitate to proceed with collection and legal action to recover funds.

Support

Depending on the plan the client has contracted for, the client will either be responsible for maintaining their site or, have agreed to a maintenance plan for their site. If a maintenance plan is agreed to, client support requests can be forwarded via email to support@solidhostdesign.net or contact can be made via the phone number provided to the client upon completion of site establishment.

Non-Communication

If SolidHostDesign is unable to communicate with a client regarding their web site for a duration of 30 days by phone or email the site may be suspended and then terminated without prior notice and any funds received to date will be forfeited to SolidHostDesign.

Acceptance

Be advised that by submitting payment for services offered by SolidHostDesign, the client is agreeing to all of the terms listed here. SolidHostDesign reserves the right to change or update these terms at anytime without prior notice.

Privacy Notice

SolidHostDesign does not share any information provided by the client with any parties public or private unless as required by authorized law enforcement agencies.

Web Site Hosting

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 of the domain(s) you are signing for hosting.

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.

2. Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service. 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 of $40.00; please contact SolidHostDesign with specific details about your transfer in to ensure it goes smoothly.

3. Content

All services provided by SolidHostDesign may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply.

The customer agrees to indemnify and hold harmless SolidHostDesign from any claims resulting from the use of provided services.

Copyrights and Trademarks of other Property

Copying text and images from other sites is not condoned by SolidHostDesign. Any text, images or other property provided, must be owned by the client or must have expressed written permission for use.

SolidHostDesign will not be held liable under NO circumstances for content provided by clients on a client website. The client will be responsible for paying any and all legal expenses that are a result of legal action against SolidHostDesign for the use of such material.

Use of these 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 another’s 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 support@solidhostdesign.net with information concerning your issue. 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. Please do not take backups of your backups.

Examples of unacceptable material on SolidHostDesign servers include:

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • MUDs/RPGs/PPBGs
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • IRCD (irc servers)

SolidHostDesign services, including all related equipment, networks and network devices are provided only for authorized customer use.

SolidHostDesign 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 SolidHostDesign 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 using the contact form below. 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 reported to the appropriate authorities and suspended immediately without notice. Remember:

Violations will be reported to the appropriate law enforcement agencies.

4. Security

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.

Failure to take adequate measures to protect your web server/site as determined by SHD can result in immediate termination of services without prior advance notice.

5.  Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Sale 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 review the Email Policy Post 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.

SolidHostDesign 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.

SolidHostDesign 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 SolidHostDesign.

6. Cancellations

Cancellations must be done in writing via post or email to sales@solidhostdesign.net. Once we receive your cancellation request 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 the telephone number provided with your account.

We require that cancellations of service are done via the online form 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.

7. Backups and Data Loss

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. SolidHostDesign 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 SolidHostDesign servers.

8. Cancellations and Refunds

SolidHostDesign reserves the right to cancel 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 email to sales@solidhostdesign.net. SolidHostDesign gives you an unconditional 45 day money back guarantee on managed shared hosting, for any customer who paid the first invoice with a credit card or with Paypal.

There are no refunds for administrative fees, install fees for custom software, or domain name purchases. Refund requests after the initial 45 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.

9. 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 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 servers.
f) Participate in any file-sharing/peer-to-peer activities. If file-sharing is being used prior to establishing the account with SolidHostDesign, continue to use that account. Do not transfer it over to SolidHostDesign provided services.
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”)

9b. 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 50,000 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.

9c. Backup Limit

No account should exceed the specified capacity of its web server. If it is found that excessive. SHD will not be responsible for files lost due to the backup process or a user’s failure to properly store them (email messages).

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

On dedicated servers and collocation no full refund will be honored — the 45 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

Each of SolidHostDesign’s managed servers carry a 45 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 45 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly web hosting packages and does not apply to web site design, administrative fees, install fees for custom software, or domain name purchases.

12. Uptime Guarantee

If your web server 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 SolidHostDesign 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 support@solidhostdesign.net with justification. All requests must be made in writing via email. Uptime guarantees only apply to web host solutions.

13. Reseller: Client Responsibility

Web site hosting services is provided by SolidHostDesign providing capacity utilizing leased VPS services. As aprovider SolidHostDesign is responsible for supporting its clients.

14. Reselling Services

SolidHostDesign clients may not resell web hosting or web master services to other people or entities. Only authorized affiliates are allowed to offer web master services as agreed to by SolidHostDesign, Inc.

15. Dedicated Servers

SolidHostDesign reserves the right to reset the passwords on a client server or web site if the password on file is not current so that we may do security audits as required by our contracted datacenter.

It is the responsibility of the client to ensure that there is a valid email address and current root password available for their server and web site in order to prevent downtime from forced password resets. SolidHostDesign reserves the right to audit servers as needed and to perform administrative actions at the request of our contracted datacenter. It is your responsibility to maintain backups.

16. Price Change

We reserve the right to change prices listed on SolidHostDesign.com, and the right to increase or decrease the amount of resources given to plans at any time.

17. 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 re-sign 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.

18. Indemnification

Customer agrees that it shall defend, indemnify, save and hold SolidHostDesign harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against SolidHostDesign, 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 SolidHostDesign against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with SolidHostDesign; (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 SolidHostDesign’s server.

19. Arbitration

By using any SolidHostDesign services, you agree to submit to binding arbitration. If any disputes or claims arise against SolidHostDesign or its subsidiaries, such disputes will be handled by an arbitrator of SolidHostDesign’s choice.

An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Florida. 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.

20. Disclaimer

SolidHostDesign shall not be responsible for any damages your business may suffer. SolidHostDesign makes no warranties of any kind, expressed or implied for services we provide.

SolidHostDesign disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non delivery, wrong delivery, and any and all service interruptions caused by SolidHostDesign and its employees.

21. Disclosure to law enforcement

SolidHostDesign 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.

22. Changes to the TOS

SolidHostDesign reserves the right to revise its policies at any time without notice.

Please use the form below to contact SolidHostDesign

Revised/Updated 02/15/17 by SolidHostDesign, Inc. P.O.B. 340007 Tampa, FL 33694

 

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