The use of services from Certified Hosting
Solutions [hereafter referred to as "Certified Hosting"]
constitutes agreement to these terms.
PLEASE READ THE FOLLOWING HOSTING SERVICES TERMS AND CONDITIONS.
BY SUBSCRIBING TO CERTIFIED HOSTING’S SERVICES, YOU AGREE
TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT,
CLICK “I ACCEPT,” OR CHECK THE APPROPRIATE BOX MANIFESTING
YOUR INTENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND CONTINUE
WITH THE ACCOUNT SET-UP PROCESS. YOU SHOULD PRINT-OUT A COPY
OF THIS AGREEMENT FOR FUTURE REFERENCE. IF YOU DO NOT AGREE
WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE “BACK”
BUTTON ON YOUR BROWSER AND DO NOT SUBSCRIBE TO CERTIFIED HOSTING’S
SERVICES. CERTIFIED HOSTING AGREES TO PROVIDE SERVICES TO YOU
ONLY IF YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED
At the time of initial registration, you will select from the
list of available services the service plan(s) to which you
wish to subscribe (“Services”). All subscriptions
to Services are subject to acceptance by Certified Hosting.
Your subscription to the Services will be deemed accepted by
Certified Hosting when Certified Hosting delivers a confirmation
of the subscription to you. Certified Hosting reserves the right
to refuse to provide you with any Service for any reason. Certified
Hosting also reserves the right to interrupt access to the Services
to perform regular and emergency maintenance as needed. You
may order additional services at any time, provided that you
agree to pay the then-current fees for such additional services.
All additional services shall be considered “Services”
hereunder. All Services provided are subject to the terms and
conditions of this Agreement.
2. DURATION OF AGREEMENT AND CANCELLATION
2.1 The Initial Term shall
begin upon confirmation of Client's order or commencement
of the Services to Client and receipt of lawful funds. The
term's length is chosen by Client and shall be indicated in
the Order Form. After the Initial Term, this Agreement shall
automatically renew for successive terms, equal in length
to the Initial Term, unless terminated or canceled by either
party as provided herein.
2.2 This agreement may be terminated by either party
any time prior to the billing period ending cycle, Clients
need to use the Cancellation Request Form at http://psyhosting.info/myaccount,
or by Certified Hosting in the event of nonpayment or violation
of terms of service by Client at any time, without notice,
if in Certified Hosting’s sole judgment Client has in
any way breached this Agreement (Termination for Cause). 2.3 Dedicated Server cancellation requires
a 30 day notice in writing via email and an official cancellation
via the My
Account admin area.
2.4 Certified Hosting may also terminate this agreement
in its sole discretion at any time for any or no reason. (Termination
without Cause). No refunds will be issued.
2.5 If Certified Hosting cancels this agreement pursuant
to any of the terms outlined in this agreement, with the exception
of Termination without Cause pursuant to paragraph 2.3, Certified
Hosting shall not refund to Client any fees paid or prepaid
in advance of such cancellation and Client shall be obligated
to pay all fees and charges accrued prior to the effectiveness
of such cancellation. In the event that Certified Hosting
terminates the agreement for cause all prepaid hosting fees
will be forfeited and are not refundable.
2.6 Cancellations must be done in writing via the
form provided. Once we receive your cancellation
and have confirmed all necessary information with you via
e-mail, we will inform you in via email to the email address
on file that your account has been canceled. If you do not
hear back from us, or do not receive the confirmation email
within 24 hours after submitting your cancellation, please
contact us immediately via phone.
We require that cancellations of service are done through
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.
3. ACCOUNT SET UP
Certified Hosting will setup your account upon receipt of payment
and the order has passed our fraud screening process. You must
provide us with an email address which is not @ the domain(s)
you are requesting an account for. This email address will be
considered the primary email address on file. All notices and
communications will be sent to that email address. 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. Dedicated server purchases or orders that we deem high
risk, we will require a valid government issued identification
and a scan copy of the credit card (front and back) used for
the purchase. If you do not provide the required documents in
the time frame requested, the order may be considered fraudulent
in nature and be denied.
WEBSITE FILE TRANSFERS Certified Hosting provides, as a courtesy, will transfer
web site files from your previous host to your new Certified
Hosting account. We will make every effort to help you
move your site files and get your websites functional on your
hosting account. Please understand that this service provided
as a courtesy. Certified Hosting makes no guarantees regarding
any aspect or portions involved with web site files transfers,
or time required to complete an account transfer. 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. Certified Hosting will put forth our
best efforts to help you with this transfer, but in some cases
we may be unable to assist you in a transfer of data from an
All services provided by Certified Hosting may only be used
for lawful purposes. The laws of the State of Nevada, the State
of California, and the United States of America apply.
The Client agrees to indemnify and hold harmless
Certified Hosting from any claims resulting from the use of
Use of Certified Hosting’s service requires a certain
level of knowledge in the use of Internet languages, protocols,
and software. This level of knowledge varies depending on the
Client’s use of the web hosting services. The Client
agrees they have necessary knowledge to create and maintain
their website(s). Client agrees that it is not the responsibility
of Certified Hosting to provide this knowledge or provide support
outside of server and network related issues.
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. Any account found to be in violation of copyright
will be immediately 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 services.
If you believe that your copyright or trademark is being infringed
upon, please email email@example.com
with the information required. Please view our notice and take
Shared hosting accounts can not be used for the sole
purpose of storing files. You must have an active website. 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 make backups of your backups.
Sale of any controlled substance without prior proof of
Sites promoting illegal activities
Certified Hosting’s services, including
all related equipment, networks and network devices are provided
only for authorized Client use. Certified Hosting’s systems
may be monitored for all lawful purposes, including ensuring
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 Certified Hosting’s
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 ticket/email
and will have a response within 48 hours.
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: Your Client’s account in question will be suspended
and we will notify you so you may terminate the account. We
will further monitor your account activity; more than one infraction
of this type may result in the immediate termination of your
Shared Hosting and Dedicated Server Clients: Your services will
be terminated with or without notice.
Violations will be reported to the appropriate law enforcement
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.
5. PROPERTY RIGHTS
As between you and Certified Hosting, Certified Hosting acknowledges
that it claims no proprietary rights in or to the content (including
without limitation, text, software, music, sound, audio visual
works, motion pictures, photographs, animation, video and graphics)
supplied by you for use on your web site (“Your Content”).
You hereby grant to Certified Hosting a non-exclusive, worldwide
and royalty-free license to copy, make derivative works, display,
perform, use, broadcast and transmit on and via the Internet
Your Content, solely for the benefit of you and in accordance
with Certified Hosting performance of its obligations hereunder.
In connection with performance of the Services and at the sole
discretion of Certified Hosting with no obligation, Certified
Hosting may provide you with certain materials, including,
without limitation, computer software (in object code or source
code form), data, documentation or information developed or
provided by Certified Hosting or its suppliers under this Agreement,
domain names, electronic mail addresses and other network addresses
assigned to you, and other know-how, methodologies, equipment,
and processes used by Certified Hosting to provide you with
the Services to Client (“Host Materials”). Subject
to the terms and conditions of this Agreement, Certified Hosting
hereby grants you a limited, revocable, non-transferable, non-exclusive
license to use the Host Materials solely in connection with
the Services. As between you and Certified Hosting, you acknowledge
and agree that Certified Hosting owns all right, title, and
interest or otherwise has acquired all applicable licenses for
the Host Materials, and all copyright, trade secret, patent,
trademark and other intellectual property rights therein. Any
use of the Host Materials is not licensed and strictly prohibited.
You agree that you will not upload, transmit, reproduce, distribute
or in any way exploit any Host Materials obtained through the
Services without first obtaining the express written permission
to do so from Certified Hosting.
This Agreement does not constitute a license to use Certified
Hosting’s trade names, service marks or any other trade
insignia. Any use of any of Certified Hosting’s trade
names, services marks or any other trade insignia shall be subject
to Certified Hosting’s prior written consent.
6. ZERO TOLERANCE SPAM POLICY
Certified hosting has a zero tolerance stance against sending
of unsolicited e-mail, bulk emailing, and spam. "Safe lists"
and purchased lists will be treated as spam. Any user who sends
out spam will have their account terminated with or without
Please read our full spam policy at http://psyhosting.info/spampolicy
Sites advertised via SPAM 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 with or without notice.
Certified Hosting 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.
Certified Hosting 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 Certified
You agree to supply appropriate payment for the services received
from Certified Hosting, in advance of the time period during
which such services are provided. You agree that until and unless
you notify Certified Hosting of your desire to cancel any or
all services received, those services will be billed on a recurring
As a client of Certified Hosting, it is your responsibility
to ensure that your payment information is up to date, and that
all invoices are paid on time. Certified Hosting provides a
10 day grace period from the time the invoice is generated and
when it must be paid. Any invoice that is outstanding for 10
days and not paid will result in a $10 late fee and/or an account
suspension until account balance has been paid in full.
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.
Certified Hosting will not responsible for any banking fees
incurred by use of a check card with a Visa or Master Card logo
for recurring services. If a recurring charge causes your
bank account to be overdrawn, Certified Hosting shall not be
responsible for any fees incurred.
Certified Hosting reserves the right to change the monthly payment
amount and any other charges at anytime.
You agree to pay any taxes, including personal property, value
added, or sales taxes, resulting from your use of the Services.
If Certified Hosting should receive less than full payment of
the Fees due to taxes, bank charges, transfer fees, or the like,
Certified Hosting will invoice you for the difference between
payment received and the Fees due. You agree to pay all attorney
and collection fees arising from our efforts to collect any
past due Fees from you to the extent allowed by law.
7. BACK UPS & DATA LOSS
Your use of this service is at your sole risk. UNLESS OTHERWISE
AGREED TO IN WRITING, Certified Hosting DOES NOT MAKE A BACK-UP
OF YOUR SITE(S) AS PART OF THE SERVICES. ACCORDINGLY, WE ENCOURAGE
YOU TO MAKE A BACK-UP OF YOUR SITE(S) ON A REGULAR BASIS
8. CANCELLATIONS AND REFUNDS
Certified Hosting 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.
Clients may cancel at any time via a cancellation
form. Certified Hosting gives you an unconditional
30 day money back guarantee on managed shared hosting and reseller
solutions for any Client who paid the first invoice with a credit
card or with PayPal.
Dedicated Server cancellation requires a 30
day notice in writing via email and an official cancellation
via the My Account
The following methods of payments are non-refundable, and refunds
will be posted as credit to the hosting account:
Bank Wire Transfers
Google Check Out
There are no refunds on dedicated servers,
administrative fees, set up fee, install fees for custom software,
add on options (IP Addresses, Certified Protection, etc.) or
domain name purchases. Refund requests for shared, reseller
and semi-dedicated accounts after the initial 30 days will be
refunded on a prorated basis of any unused time at the monthly
Doman Name Registration: If Certified Hosting
registered a domain name for you as part of your hosting package
with us, and you decide that you want to cancel your account,
then we will deduct the cost of the domain name from the money
we refund you. We will then be able to release the domain after
the standard 60 days so you are free to take it elsewhere. During
those 60 days you can change your nameservers to point elsewhere
so you can still access your website.
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. RESELLER: CLIENT RESPONSBILITY
Resellers are responsible for providing technical and Client
service support to their clients. Certified Hosting does not
provide support to our Reseller's Clients. If a reseller's client
contacts us, we reserve the right to place the client account
on hold until the reseller can assume their responsibility for
their client. All support requests must be made by the reseller
on their clients' behalf for security purposes. Resellers are
also responsible for all content stored or transmitted under
their reseller account and the actions of their clients'. Certified
Hosting will hold any reseller responsible for any of their
client’s actions that violate the law or the terms of
10. SHARED HOSTING: (non-reseller accounts)
Shared hosting account holders may not resell web hosting. If
you intend to resell hosting you must use a reseller account.
11. DEDICATED SERVER POLICIES
11.1 Bandwidth pricing and
measurement frequency is subject to change at Certified Hosting’s
discretion. Clients affected by such changes will be notified
no less than thirty (30) days in advance by Certified Hosting.
11.2 Certified Hosting is under no obligation
to compensate Client for downtime, whether the downtime is
caused by Client, Certified Hosting, or Certified Hosting’s
upstream providers. 11.3 Client agrees that dedicated server
payments are NONREFUNDABLE. For example, if Client submits
payment for twelve (12) months of service, service will be
provided for twelve (12) months and will not be refunded if
Client chooses to discontinue service with Certified Hosting
mid-way through the term. 11.4 No Refunds will be granted or honored
for dedicated servers. 30 day money back guarantee does not
apply to dedicated servers. 11.5 Hardware upgrades to an existing server
will be performed by Certified Hosting and shall incur a mutually
agreed upon fee as well as an increase to Client's standard
monthly rate. 11.6 Certified Hosting reserves the right
to alter the dedicated server packages advertised on its website
at its discretion. Certified Hosting is not required to upgrade
Clients' hardware or bandwidth allocation as a result of a
pricing or service package change. Client will not be required
to upgrade hardware as a result of a pricing change. 11.7 For managed services, Certified Hosting
is responsible for the security of the network, the kernel,
and the base operating system (defined as the standard set
of FreeBSD packages that come installed with the server).
Certified Hosting may take any steps it deems necessary at
any time to protect the security of your server (this generally
includes applying security patches as well upgrading the entire
operating system). 11.8 Certified Hosting 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.
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. Certified Hosting reserves the right
to audit servers as needed and to perform administrative actions.
Dedicated servers are NOT backed up unless a back up is specifically
ordered. Having a paid back up service in place still
places responsibility on the Client to maintain other backups.
It is your responsibility to maintain backups.
Certified Hosting is not responsible for notifying unmanaged
servers of the need to apply patches. Failure to comply with
these requirements is grounds for termination of contract
without refund. Certified Hosting reserves the right to take
any action upon unmanaged dedicated servers it deems necessary
at any time to protect the security and integrity of Certified
Hosting’s network. 11.9 Dedicated Server cancellation requires
a 30 day notice in writing via email and an official cancellation
via the My
Account admin area.
12. RESOURCE USAGE
Certified Hosting does not impose hard set limits each account's
system resources. We do not actively disable accounts
until they greatly exceed an acceptable level of usage. There
are numerous activities that could cause such problems; these
include: CGI scripts, FTP, PHP, HTTP, etc. Certified Hosting
will advise Client of a temporary block placed on any account
found to be consuming an inordinate amount of system resources,
to the point of degrading overall system performance.
Certified Hosting Clients have the option to add on protection
to any shared or reseller hosting plan. Certified insurance
will insure an account is never suspended for resource usage.
The following is prohibited:
Run stand-alone, unattended server-side processes at any
point in time on the server. This includes any and all daemons,
such as IRCD.
Run any type of web spider or indexer (including Google
Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet
Relay Chat) network.
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 shared servers.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life,
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
Certified Hosting does not impose hard set limits with regard
to a specific number of inodes. Certified Hosting will advise
any Client found having a high number inodes of a temporary
block placed on the account. The offending account 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.
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.
13. 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.
14. MONEY BACK GUARANTEE
On dedicated servers and collocation no full refund will be
honored. Our 30 day money back guarantee does not apply. We
reserve the right to refund a prorated amount or no refund at
Certified Hosting’s shared and reseller accounts carry
a 30 day unconditional money back guarantee. If you are not
completely satisfied with our services within the first 30 days
of your service, you will be given a full refund of the contract
amount. Remember, this is only for monthly shared, reseller
or semi-dedicated packages and does not apply to dedicated servers,
administrative fees, install fees for custom software, or domain
15. 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 Certified Hosting 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 firstname.lastname@example.org
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.
16. 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 psyhosting.info at anytime, without notice, and the
right to increase the amount of resources given to plans at
any time. It is the Client’s responsibility to check our
website for plan or price changes. Certified Hosting does
not automatically update Client’s plans. All upgrades
or downgrades will be performed at the request of the Client.
You agree to defend, indemnify, and hold Certified Hosting and
its Affiliates harmless from and against any and all claims
and liabilities, including reasonable attorneys’ and experts’
fees, related to or arising from (a) any breach of your covenants
under this Agreement; (b) your use of the Services; (c) all
conduct and activities occurring under your user ID and password;
(d) any item or service sold or advertised in connection with
Your Content or your information and data; (e) any defamatory,
libelous or illegal material contained within Your Content or
your information and data; (f) any claim or contention that
Your Content or your information and data infringes any third
party’s patent, copyright or other intellectual property
rights or violates any third party’s rights of privacy
or publicity; (g) third party’s access or use of Your
Content or your information and data; (h) any violation of the
applicable Acceptable Use Policy; (i) to the extent applicable,
Your Content complies with Title 18, U.S.C. s. 2257 and that
all models depicted in the Your Content are over the age of
eighteen (18); (j) Your Content does not contain any images
which constitute child pornography, obscenity, bestiality, actual
depictions of violence, or are otherwise illegal in the United
States of America; and (k) all representations and reproductions
of any aspect of the likeness of actual people in the Your Content
have been duly authorized and permitted by the persons depicted.
Certified Hosting reserves the right, at its own expense, to
participate in the defense of any matter otherwise subject to
indemnification from you, but shall have no obligation to do
so. You shall not settle any such claim or liability without
the prior written consent of Certified Hosting, which shall
not be unreasonably withheld.
18. NO WARRANTIES YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS
AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON
AN “AS IS, WITH ALL FAULTS” AND “AS AVAILABLE”
BASIS. Certified Hosting EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Certified
Hosting MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS,
OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE; NOR DOES Certified Hosting MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES
OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE
OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE
THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT
YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Certified Hosting MAY MAKE THIRD-PARTY GOODS,
SERVICES AND/OR SOFTWARE AVAILABLE TO YOU THAT ARE NOT PART
OF THE SERVICES (“THIRD-PARTY SERVICES”). Certified
Hosting HAS NO CONTROL OVER THE CONTENT OF THIRD-PARTY SERVICES.
USE OF ANY THIRD-PARTY SERVICES WILL BE AT YOUR OWN AND SOLE
RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF A SEPARATE AGREEMENT
BETWEEN YOU AND THE THIRD-PARTY.
Certified Hosting MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM Certified Hosting OR THROUGH THE SERVICES SHALL
CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL OR OTHERWISE.
UNLESS OTHERWISE AGREED TO IN WRITING, Certified Hosting DOES
NOT MAKE A BACK-UP OF YOUR SITE(S) AS PART OF THE SERVICES.
ACCORDINGLY, WE ENCOURAGE YOU TO MAKE A BACK-UP OF YOUR SITE(S)
ON A REGULAR BASIS.
19. LIMITATION ON LIABILITY YOU ARE SOLELY RESPONSIBLE FOR THE PROPER OPERATION
OF YOUR WEB-SITE AND/OR CONDUCT OF YOUR BUSINESS AND ALL OTHER
MATTERS UNDER YOUR CONTROL. IN NO EVENT SHALL Certified Hosting
BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO
YOUR OPERATION OF YOUR WEB-SITE AND/OR BUSINESS OR FAILURE TO
OPERATE YOUR WEB-SITE AND/OR BUSINESS.
THIS SECTION APPLIES TO ALL CLAIMS BY YOU OR YOUR END USERS
IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING THE CLAIM, INCLUDING,
BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, INCLUDING BUT
NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, AND/OR MISREPRESENTATION.
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF
ACTION, YOU AGREE THAT IN NO EVENT WILL Certified Hosting, OUR
AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING
OR DELIVERING THE SERVICES, TECHNOLOGY, OR CONTENT AVAILABLE
ON THE SERVICES (“AFFILIATES”), BE LIABLE TO YOU
IN ANY MANNER WHATSOEVER: (A) FOR ANY DECISION MADE OR ACTION
OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION
PROVIDED THROUGH THE SERVICES; (B) FOR LOSS OR INACCURACY OF
DATA OR, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR
TECHNOLOGY; (C) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES,
LOSS OF PROFITS OR LOSS OF REPUTATION, FOR BUSINESS INTERRUPTION
OR SIMILAR ACTION, EVEN IF Certified Hosting HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL AGGREGATE AND MAXIMUM LIABILITY OF
Certified Hosting AND THE AFFILIATES, ARISING FROM OR OTHERWISE
RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION
OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO Certified
Hosting DURING THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE
CAUSE OR CAUSES OF ACTION.
20. GENERAL PROVISIONS
A. Governing Law. This Agreement and all matters arising
out of or otherwise relating to this Agreement shall be governed
by the laws of the State of Nevada, excluding its conflict of
law provisions. The parties hereby submit to the personal jurisdiction
of the state and federal courts of the State of Nevada. Exclusive
venue for any litigation permitted under this Agreement shall
be with the state and federal courts located in Clark County,
Nevada. B. Arbitration. If there is a dispute between
the parties arising out of or otherwise relating to this Agreement,
the parties shall meet and negotiate in good faith to attempt
to resolve the dispute. If the parties are unable to resolve
the dispute through direct negotiations, then, except as otherwise
provided herein, either party may submit the issue to binding
arbitration in accordance with the then-existing Commercial
Arbitration Rules of the American Arbitration Association. The
arbitration shall be conducted in Clark County, Nevada and conducted
by a single arbitrator, knowledgeable in Internet and e-Commerce.
Except as provided below, the party bringing the action shall
be responsible for paying all costs for arbitration, including
the arbitrator’s fees. Each party shall bear its own attorneys’
fees (except if the matter is for the collection of a debt owed,
the prevailing party shall be awarded its attorneys fees, all
arbitration costs and arbitrator fees, in addition to all other
applicable remedies). The arbitrator shall have no authority
to award any punitive or exemplary damages; certify a class
action; add any parties; vary or ignore the provisions of this
Agreement, and shall be bound by governing and applicable law. C. Assignment. The rights and liabilities of
the parties hereto will bind and inure to the benefit of their
respective assignees, successors, executors, and administrators,
as the case may be. Neither this Agreement nor any rights granted
hereunder may be sold, leased, assigned or otherwise transferred,
in whole or in part by you. D. Severability. If for any reason a court
of competent jurisdiction or arbitrator finds any provision
of this Agreement, or any portion thereof, to be unenforceable,
that provision will be enforced to the maximum extent permissible
and the remainder of this Agreement will continue in full force
and effect. E. No Waiver. Failure by either party to enforce
any provision of this Agreement will not be deemed a waiver
of future enforcement of that or any other provision, and no
waiver of one breach will constitute a waiver of subsequent
breaches of the same or of a different nature. F. Complete Agreement. This Agreement (including
entire agreement between the parties with respect to the Services,
and supersedes and replaces all prior or contemporaneous understandings
or agreements, written or oral, regarding such subject matter.
No amendment to or modification of this Agreement will be binding
unless in writing and signed by a duly authorized representative
of both parties. G. Relationship Between the Parties. Certified
Hosting is an independent contractor; nothing in this Agreement
shall be construed to create a partnership, joint venture or
agency relationship between the parties. H. Headings. Section and subsection headings
of this Agreement are inserted for convenience only and shall
not be deemed to constitute a part hereof nor to affect the
meaning thereof I. Force Majeure. Certified Hosting shall not
be responsible for any failure to perform due to unforeseen
circumstances or to causes beyond its reasonable control, including
but not limited to: acts of God; war, riot, embargoes, acts
of civil or military authority, or terrorism; fire, flood, earthquakes,
hurricanes, tropical storms or other natural disasters; fiber
cuts; strikes, or shortages in transportation, facilities, fuel,
energy, labor or materials; failure of the telecommunications
or information services infrastructure; hacking, SPAM, or any
failure of a computer, server or software, including Y2K errors
or omissions, for so long as such event continues to delay Certified
Hosting’s performance. J. Export. You understand and acknowledge that
the software elements of the Host Materials may be subject to
regulation by agencies of the U.S. Government, including the
U.S. Department of Commerce, which prohibits export or diversion
of software to certain countries and third parties. You will
not assist or participate in any such diversion or other violation
of applicable U.S. laws and regulations. You warrant that you
will not license or otherwise permit anyone not approved to
receive controlled commodities under applicable U.S. laws and
regulations and that you will abide by such laws and regulations. K. Government Rights. The software elements
of the Host Materials have been developed at private expense
and is “commercial computer software” or “restricted
computer software” within the meaning of the FARs, the
DFARs, and any other similar regulations relating to government
acquisition of computer software. Nothing contained herein will
be deemed to: (i) grant any government agency any license or
other rights greater than are mandated by statute or regulation
for commercial computer software developed entirely at private
expense, or (ii) restrict any government rights in any extensions
or custom solutions provided hereunder and developed at government
expense. L. Notices Electronic Communications. All notices
permitted or required under this Agreement may be sent by e-mail,
fax, express mail, mail, or registered mail to the e-mail address,
fax number, or address most recently provided and will be effective
upon transmission. Evidence of successful transmission shall
be retained. Each of us may communicate with the other by electronic
means as described in this Agreement. Each of us agrees to the
following for all electronic communications: (i) The user identification
of a sender, contained in an electronic communication, is legally
sufficient to verify the sender’s identity and the communication’s
authenticity; (ii) An electronic communication sent by you containing
your user identification establishes you as its originator and
has the same effect as a document with your written signature
on it; and (iii) An electronic communication, or any computer
printout of it, is valid proof of the validity of the original
document of the electronic communication.
21. CHANGES TO THE TOS
Certified Hosting reserves the right to revise its policies
at any time without notice.
Last Revised 01/22/09
Certified Hosting Solutions Confidential & Proprietary