User Agreement
Terms of Service
This policy represents the CHAMELEON SYSTEMS AND SERVICES CORP Terms of Service
("TOS") in its entirety and supersedes any other written or oral policy. This
policy defines the terms of service all CHAMELEON SYSTEMS AND SERVICES CORP
customers agree to when they sign-up for any of the CHAMELEON SYSTEMS AND
SERVICES CORP web site hosting services. CHAMELEON SYSTEMS AND SERVICES CORP
reserves the exclusive right to change, amend or revise any portion of this TOS
policy at any time, with or without written notice to our customers. Customers
using any services offered by CHAMELEON SYSTEMS AND SERVICES CORP agree to be
obligated by and must comply with all policies in this TOS or must otherwise opt
out of and cancel their web hosting service with CHAMELEON SYSTEMS AND SERVICES
CORP. CHAMELEON SYSTEMS AND SERVICES CORP retains the sole discretion to make
judgment regarding any violation by any CHAMELEON SYSTEMS AND SERVICES CORP
customer and may take action against any customer deemed to be in violation of
these terms including the cancellation of any customer’s services without refund
and/or, if deemed appropriate, be legally prosecuted.
General Provisions
In consideration for CHAMELEON SYSTEMS AND SERVICES CORP maintaining one or
more accounts (each "Account"), you, as the CHAMELEON SYSTEMS AND
SERVICES CORP
customer, agree to the following terms of service.
Definitions
"We" "Us" or "Provider" or "CHAMELEON SYSTEMS AND SERVICES CORP"
The terms “CS&SC" shall refer to our company "CHAMELEON SYSTEMS AND
SERVICES CORP"
"You" "Your" "Client" "Customer" or "Member" - Each person or entity who applies
for internet service or is a designate of anyone who applies for internet
service.
CHAMELEON SYSTEMS - HOSTING, is the name of a hosting service offered by us, CHAMELEON SYSTEMS
AND SERVICES CORP.
Disclaimer of Warranty
The Internet and web site hosting relies on a complex network of hardware,
software, network services and providers of information. Due to the need for an
aggregate of all of these providers and service companies working properly not
all services may be available to you at all times.
CS&SC however, offers a 99.9% uptime guarantee.
This is valid for only the CS&SC servers and our
primary co-location internet connection. CS&SC
shall pursue partnerships with all tier-1 resource and channel available to
maintain maximum uptime, however, CS&SC is not
responsible for any down time caused by any provider’s hardware or network
malfunction which is outside of CS&SC capability
to directly correct. CS&SC clients are diverse
and their web sites and the function of those web sites are diverse and
CS&SC cannot be held responsible for any service
interruption due to client's error, including but not limited to spamming, the
target of a DDOS attack, or any other internet or cyber attack.
CS&SC MAKES NO EXPRESS OR IMPLIED WARRANTIES
(INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither
CS&SC nor anyone else involved in the provision
of Service is liable to you or any third-party for direct or indirect damages
resulting from the use, non-use of services provided herein, whether or not such
damages resulted from the negligence of CS&SC,
even if CS&SC has been advised to the possibility
of such damages.
Limitation of Liability
IN NO EVENT SHALL CS&SC 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 CS&SC SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF
CS&SC SERVERS), REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF CS&SC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL CS&SC MAXIMUM LIABILITY
EXCEEDS THE TOTAL AMOUNT PAID BY YOU TO CS&SC 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, CS&SC LIABILITY IS LIMITED TO THE
EXTENT PERMITTED BY LAW
Indemnification
You agree to indemnify, defend and hold CS&SC and
its affiliates, directors, officers, employees and agents harmless from and
against any liabilities, losses, damages or costs, including reasonable
attorneys' fees, resulting from any third-party claim, action, dispute or demand
related to your use of the Services, your violation of any of the provisions of
this Agreement or from your placement or transmission of any materials or
content onto CS&SC servers. Such liabilities may
include, but are not limited to, those arising from the following: (a) with
respect to your business, (i) infringement or misappropriation of any
intellectual property rights; (ii) defamation, libel, slander, obscenity,
pornography, or violation of the rights of privacy or publicity; or (iii)
spamming, or any other offensive, harassing or illegal conduct or violation of
the acceptable uses described herein or anti-spam policy; (b) any damage or
destruction to CS&SC equipment or to any other
accountholder, which damage is caused by or otherwise results from acts or
omissions by you, your representative(s) or your designees; (c) any personal
injury or property damage arising out of your activities related to the
Services, unless such injury or property damage is caused solely by CS&SC gross negligence or willful misconduct; and (d) any
other damage arising from your equipment or your business.
CHOICE OF LAW
The parties agree that all disputes shall be brought before U.S. District Court for the District of Delaware located in Wilmington Delaware (District Court). If the District Court may not consider the dispute, all disputes shall be brought before the Delaware Superior Court, or the Delaware Court of Common Pleas each located in Wilmington Delaware. The parties agree that these courts shall have exclusive jurisdiction over all disputes and other matters relating to the interpretation and enforcement of this Agreement or any ancillary document executed pursuant to it. Further, the parties agree that venue shall be proper in the appropriate court set out above, and agree that they shall not contest notice from that court.
Services Provided by CS&SC
CS&SC will provide Server Space rental, Hosting Services, Domain
Registrations and related services for Web maintenance under its product
called CHAMELEON SYSTEMS - HOSTING, ("the
Service") to its members for the express purpose of allowing customers to
provide http Internet content to the general public. The Service allows
CS&SC members to maintain Internet websites,
receive and maintain e-mail accounts and access web space via FTP to upload
files for their websites. CS&SC members will use
the provided services in a manner consistent with any and all applicable laws.
CS&SC provides the Services exclusively and makes
no effort to edit, control, monitor or restrict the content of data other than
as necessary to provide such Services. CS&SC
reserves the right to refuse service to potential and/or existing customers to
protect its existing paying customers. If any of the below violates are
committed, CS&SC can terminate client's account
without notification.
CS&SC provides timely web site hosting support to
our clients through emails and ticketing system in support under customer
account. By accepting your client contract
agreement with CS&SC You agree not to abuse
whether verbally or physically or whether in person, via email, live chat or
telephone or otherwise (a) any other customer of CS&SC and any employee or contractor of
CS&SC.
a. Client Content:
Client agrees that web pages and files uploaded to servers will not violate any
state, national or foreign laws or regulations; infringe on any intellectual
property rights of CS&SC or any third party; be
defamatory, slanderous or trade libelous; be threatening or harassing; be
discriminatory based on gender, race, age; promote hate; or contain viruses or
other computer programming defects which result in damage to CS&SC or any third party. Customers may not run IRC, bots or
clients. Clients may not use CS&SC servers for
file storage unrelated to the client's web site, storage Space is for active web
site file pages only. CS&SC' shared hosting
account holders may not act as a reseller, which means that clients may not host
any web sites in their add-on domains that are not domains owned by the client
on record at CS&SC. Unacceptable uses also
include: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming,
child pornography, hardcore pornography or links to such sites, copyrighted MP3,
copyrighted music, copyrighted video, illegal content, copyright infringement,
trademark infringement, warez, cracks, software serial numbers, proxy(ies) and
image/file sharing web sites. CS&SC will be the
sole and final arbiter as to what constitutes a violation of this policy.
CS&SC does not normally monitor the contents of
clients servers, however if suspicion occurs, CS&SC reserves the right to investigate and terminate the clients subscription
to the service.
b. Unlimited Features:
What do you mean by "unlimited disk space and bandwidth/data transfer"
We do not set limits on the disk space and bandwidth (data transfer) that we
provide in plans that are marked "Unlimited". We want you to have the resources
available to you to build a great online presence.
Even though we want you to succeed, we need to ensure that we're providing all
of our customers with optimum service. As such we do require all of our
customers to be fully compliant with our Excessive Resource User Policy/Terms of
Service and utilize disk space and bandwidth related to normal operation of a
personal or small business web site. If a customer's hosting account is found to
have violated the client content, excessive resource user policy and/or is
storing files for archiving purposes, the contents will be removed and while we
make best effort to contact customers before hand, can occur without notice.
c. Excessive Resource User Policy:
Resources are defined as bandwidth, memory and/or processor utilization.
CS&SC offers a shared web hosting service in
which environment customers may share resources with other customers; therefore
it is imperative that CS&SC control any excessive
usage by customers so that they do not disrupt the service quality of other
customers using the same resources. A website is considered using "Excessive
amounts of resources" when it monopolies the resources available using 8% or
more of system resources for longer than 60 seconds. There are numerous issues
that could cause such problems, including but not limited to: cgi scripts, FTP,
HTTP, etc. Any site that consumes over the account limit of bandwidth is also
considered an "excessive resource" user. In the event of excessive resource
usage CS&SC may act in the following manner: if
the excessive usage may cause a disruption of service to any other customer,
CS&SC may suspend that customer’s account prior
to notify that customer, CS&SC may also contact
the excessive usage customer prior to taking any action if CS&SC feels that the excessive usage will not interfere with the
service of any other customer. Client suspensions prior to notification by
CS&SC is rare and is only implemented in extreme
circumstances and is intended to prevent the misuse of our servers. The client
whom is using "excessive resources" may be asked to upgrade his/her package to
one of our dedicated server packages to reduce their excessive usage utilization
in the future. CS&SC will be the sole and final
arbiter as to what constitutes a violation of this policy.
d. No "Spam":
UCE/UBE or "Spam" originating from a server located on our network or associated
with a CS&SC server is not tolerated. This
includes any e-mail that promotes web sites hosted on a server located on the
CS&SC network but is sent from an e-mail address
not associated with that CS&SC account. Client
shall not use their CS&SC services for chain
letters, junk mail, bulk-email, or any use of distribution lists to any person
who has not given specific permission to be included in such a process.
CS&SC reserves the right to deactivate or
terminate any account(s) upon any indication of such activity without notice.
e. Excessive Exploits
CS&SC allows 3rd party scripts to be
uploaded/installed from our auto-installer or manually (those scripts that
are/aren't included in the auto-installer) on your web hosting account. It is
the responsibility or our web hosting clients to maintain the latest exploit
free version of the scripts. If a script that our web hosting clients uploads to
our servers is found to have security lapses and allows a third party to "hack",
"exploit", "deface" their site(s) it is the responsibility of our clients to
either remove that script or CS&SC reserves the
right to terminate that clients' account and provide them with a prorated
refund.
f. False Information:
Customer agrees not to post false or inaccurate information to news groups in
violation of the news groups rules and regulations. If any news groups or
service provider contact CS&SC concerning
unethical, false or unlawful activities by you, CS&SC reserve the right to suspend or terminate your service with or without
notice.
g. Licensed Software Only:
Client agrees to use only properly licensed third party software in connection
with Client's use of the Services.
h. Back-Up Files:
CS&SC does not provide the tools needed to create backups
of account data directly to the customers, since we offer "sharing hosting
services" in most of the account, to prevent the misuse of the space resources. It is the responsibility of the customer to keep up-to-date
archives of their backed up data by other ways like donwload copies via FTP
access to another location or keeping backup copies of the webfiles in local
drives, etc. CS&SC does only one
back-up for the whole directory CPANEL account nightly per customer for the only
purpose of disaster recovering or in case of crash per petition of the customer.
This backup is only kept one day old and is constantly updating everyday.
We don't keep weekly or historical dates copies or images files for restoring.
CS&SC is not
responsible for any loss of data.
Payment, Renewal, Cancellations
• Payment Obligations:
Full payment is required in advance before hosting service is established.
CS&SC sends out invoices that are due every pay
period. You are given fifteen (30) days to fully pay the invoice.
You warrant and represent that the information you supply in the Order Form (or
other information that CS&SC may require) is
accurate and truthful. All payment-due notices will be sent by e-mail. No bills
or invoices will be sent by postal mail or fax. If payment is not received for 5
days past the due-date, your account will be suspended and a $25.00 fee will be
added to your invoice and must be paid before your account is re-activated. If
your account remains unpaid for 7 days past the suspension date, your account
will be marked for deletion and a final notice sent. If after 3 days after
deletion note that account remains unpaid, the account will be terminated and
removed from our severs without any backup being obtained.
It is the client’s responsibility to ensure that payment is made to CS&SC prior to the renewal date and although
CS&SC sends renewal notices to our customers prior to their
renewal date, because of the ability for a customer to change their contact
email addresses without notifying CS&SC, the
customer is ultimately responsible for remembering their renewal date and to
make sure payment is made upon the renewal.
• Renewals:
Your account will be automatically renewed under the same time and fee structure
unless you give written notice to CS&SC thirty
(30) days before the renewal date that you do not wish to renew or make changes
to such account.
Cancellation & Refunds:
Should you become dissatisfied with our services within the first 30 days of
your account activation, CS&SC will refund your
hosting fee subject to the money back guarantee terms listed in this agreement.
Refunds are not available for customers after 30 days of account activation. You
may however cancel your account at any time in order to make sure that your
account is not renewed as long as you provide a 30-day notice of cancellation
per our cancellation policy. Accounts in which a 30-day notice is not provided
will continue to be billed at the regular rate (minus any discounts) until which
time a cancellation notice is submitted on our website and you are assigned a
cancellation ticket notice.
You will need to contact
billing@ochameleonsys.com and verify information
before cancellation takes place. You will be charged in full for the entire
month in which you cancelled your account. Accounts which have negative balances
at the time of cancellation will be sent to collections and all services will be
terminated, including domain registrations. If your account is sent to internal
or external collections, a fee of $250 will be assessed on the account plus any
attorney fees should court intervention be required. An account maintenance fee
of $150/month will also be assessed for each month your files remain on our
servers. If an account has a balance when transferred away from CS&SC, you agree to allow
CS&SC to transfer the domain back to our servers with or without your consent
and block the domain and/or website and email service until full payment is
received. You also hereby agree to pay any legal fees to CS&SC we incur should any court intervention be required.
Refunds are never available for domain registrations. Domain Names transferred
to our service incur an additional year of registration and therefore are
considered a domain registration. Domain registration fees are $11.99/yr for the
most common TLD's like .com or .net (Prices varied per TLD). Domain
names of customers which leave our hosting service will be refunded the package
price total less the domain registration fee if the customer leaves CS&SC hosting service within the 30 day money back
guarantee. If a customer leaves our service after receiving a free domain
promotion offer a domain release fee of $75 will be due to release domain for
transfer to new hosting provider.
99.9% Service Level Agreement "SLA"
CS&SC offers its clients a 99.9% network uptime
guarantee for customer satisfaction purposes and also to ensure that your
business is running problem free. CS&SC will try
to maintain maximum uptime. CS&SC is not
responsible for any downtime caused by the client.
30-Day Money Back Guarantee
CS&SC offers an unconditional 30-day money back
guarantee that covers cancellations of a web hosting account made during the
first 30 days of service, due to the inability to deliver satisfactory services.
As a part of our strive to achieve industry leading customer satisfaction, the
customer will be refunded all hosting charges made to their credit card minus
any setup fees or domain name costs which are non-refundable. The guarantee does
not apply to accounts with non-use, misuse, and/or abuse of this agreement.
Domain name registrations are also non-refundable.Domain Names transferred to
our service incur an additional year of registration and therefore are
considered a domain registration. Domain registration fees are $11.99/yr for the
most common TLD's like .com or .net (Prices varied per TLD). Domain
names of customers which leave our hosting service will be refunded the package
price total less the domain registration fee if the customer leaves CS&SC hosting service within the 30 day money back
guarantee. If a customer leaves our service after receiving a free domain
promotion offer a domain release fee of $75 will be due to release domain for
transfer to new hosting provider. Any questions regarding the 30-day money back
guarantee should be forwarded to
support@chameleonsys.com