Terms of Service

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.

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

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.

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@chameleonsys.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