TABER LLC HOSTING TERMS OF SERVICE AGREEMENT
1. Interpretation
1.1 Definitions
Unless otherwise stated, the following definitions apply to this document:
- "I", "we", "us", and "our" are references to Taber LLC / Taber.biz;
- "you", "your" and "customer" are references to the person paying for services from Taber.Biz having entered into this agreement;
- "services" are web hosting, domain registration, reseller rights, outsourced support, email and other services or facility provided by us to you;
- "server" is the computer equipment operated by us in connection to the services provided;
- "order" means a request made by the customer to us for services to be supplied subject to these conditions;
- "charges" are the charges payable by the customer for the provision of services details of which can be found on http://taber.biz/portal and may vary from time to time.
1.2 Include
The words "include" and "including" are to be construed without limitation.
1.3 Headings
The headings in this document are for convenience only and shall not affect the interpretation of these conditions.
2. Ordering process
2.1 Order acceptance
I have not accepted a customer application and order until account setup and you receive the 'welcome' email including all details specific to your account. Until this time, I reserve the right to refuse, cancel or reject any order made by the customer. In such cases, a full refund will be made using the same method as payment was originally made.
3. Refunds
3.1 Money back guarantee
3.1.1 Customers are entitled to a full refund within 30 days of the initial order being placed. This will be issued in the same method as originally used by the customer. Cases involving offline methods of payment will be refunded using a personal check or other online method.
3.1.2 The 30 day money back guarantee does not apply and will not be issued if more than 50% of allocated data transfer has already been used on the web hosting account. This money back guarantee does not apply to domain name registrations or if the account has breached these terms and conditions prior to cancellation.
3.2 Account cancellations
After the 30 day introduction period, no refunds will be issued for account cancellations on a monthly payment schedule. Accounts on a yearly payment schedule are entitled to a pro-rated refund taking only full months into account. If cancellation of the account is caused by the customer breaching these terms and conditions no refund will be issued.
No refunds are issued for domain registrations.
4. Misuse
4.1 Spam / Unsolicited Mass E-mail
The sending of Unsolicited Commercial Email (SPAM) through my servers promoting any website or through third party servers promoting a website hosted by me can result in the suspension or termination of the customers web hosting account without refund. Mailing lists may be operated as long as individuals choose to subscribe to receive mailings and the mailing list software in use is that provided in my supplied control panels. Any complaints received are taken seriously and will be investigated.
4.2 Chat Rooms
Only the chat room scripts provided for the customer in their control panel are allowed on my server. Any other scripts found will be disabled and the account suspended in serious or repeat cases.
Shoutboxes, Chatboxes and other web based chat programs other than those specifically provided by Taber.biz Hosting are prohibited.
4.3 Account Use
Under no circumstances must my servers be used for the hosting or communication of, reference to or linking to any of the following:
4.3.1 nudity, pornography, anything of a sexual, lewd, or obscene nature;
* Adult Materials are not allowed on standard Taber.biz servers. Please contact [email protected] to learn about alternative adult hosting solutions. 4.3.2 violations of any copyright or any other right of any third party;
4.3.3 threatening, abusive, harassing, defamatory statements;
4.3.4 promotion of illegal activities (hacking, cracking, etc);
4.3.5 information or software containing or about any kind of virus;
4.3.6 hate speech or hate propaganda;
4.3.7 the collection of personal information for illegal purposes;
4.3.8 content deemed by us at my sole discretion to be harmful to us;
4.4 Banned scripts
I do not allow the use of the following scripts on my servers:
- UltimateBBS
- IkonBoard
- CGI/Perl version of YABB
- Proxy scripts
- IRC scripts
- Anonymizer
- Chat rooms not included as standard in the cPanel
- phpShell and similar command execution scripts
- FormMail
Resellers
In the event that a resold account is in breach of my misuse terms, I reserve the right to suspend this account without informing the reseller. The end user will not be contacted by me and every effort will be made to inform the reseller (my customer) of my actions and reasons.
5. Billing
5.1 Payment schedules
The customer agrees to supply appropriate payment for the services received from me in advance of the time period during which such services are provided.
5.2 Invoices
All invoices will be sent via email and a printable version made available in the customer control panel. Customers are required to pay their invoice in advance at the beginning of each payment term using the available method of your choice within 5 working days of the invoice issue date.
5.3 Bank charges
Customers are responsible for the provision of sufficient funds in their account and I will not be held responsible for any charges incurred as a result of overdrawing of the bank account or credit card or as a result of failed transactions.
5.4 Suspension
I reserve the right to suspend any account after 5 working days have passed without due payment being received. Any added time for payment will be at my sole discretion.
5.5 Currencies
All invoices and payments are processed in USD currency ($) with conversions will be made by the credit card company of the customer. Prices shown in any other currencies on this website or other promotional material is to be treated as a guide only and may be inaccurate due to changes in the exchange rates. All customers are advised to check amounts using accurate recent exchange rates before ordering.
6. Backups
6.1 Regularity and policy
Backups are made each day on an incremental basis and each week on a full basis, however, no guarantees are made of any kind as to the integrity of these backups. Backup measures are in place to assist in the event of hardware failure warranting a full system restore and no data can be obtained from backups on a single account basis. All customers are strongly advised to regularly download their own backups from their control panel where a zipped archive is provided daily of all account files and databases.
There can simply not be any guarantee made on the availability of backups of your account/files. I can't stress enough how important it is for the owner of any account to configure and monitor their own backups.
7. Resource Usage Policy (RUP)
7.1 CPU & Memory
All accounts are monitored for their use of server resources. If any account is using a high amount of server resources I will contact the customer to discuss the issue with them. In serious cases where an account is using a considerably large amount of system resources (memory, CPU etc.) the account may be suspended or script disabled without notice to maintain the smooth running of the server.
7.2 Data transfer and webspace allocations
Customers can request a package upgrade or temporary resource increase as needed. It is the sole responsibility of the customer to contact me in advance of requiring extra resources to prevent account suspension. In some cases, accounts are automatically suspended when their resource limits have been reached and manual unsuspension is required on my part.
7.3 Processes
Processes invoked by the web server, cron, shell or any other method should not exceed the following limitations:
Consume more than 32 MB of RAM.
Utilize in excess of 15 seconds of CPU time.
Number of open files should not exceed 64.
Create core dumps.
Number of simultaneous processes should not exceed 5.
Execute a script/binary that forks in a way to create a fork bomb.
Programs may not run in the background or listen on a network port. If you require a bot, service or daemon, you should consider a dedicated server, as very few shared web hosts allow this type of program.
7.4 Database Restrictions
All users are restricted to 15 concurrent MySQL connections.
Each database is restricted to 2 GB of disk space.
Database queries should not exceed 3,000 per hour.
Database changes (insert/update/delete) should not exceed 1,000 queries per hour.
Database servers should not be used as a hosted solution. Database access should only be used for the web site hosted by Taber.biz.
7.5 Files and Directories
The total number of inodes in an account may not exceed 25,000.
A directory can not contain more than 2,500 immediate child files. This includes subdirectories themselves, but does not include files contained within those directories.
7.6 Web and Email
Simultaneous Apache connections may not exceed 50.
Web processes should not fork or spawn subprocesses.
Files in excess of 10 MB should not be sent via email.
Processes should not send outbound mail to more than 25 recipients at any given time.
The maximum number of members per mailing list is 1,500.
7.7 Cron Jobs
All cron jobs must be 'niced' to 10 or greater.
A cron job should not execute more frequently than once every 10 minutes.
7.8 General
Search Engine Optimization (SEO) farms or similar are strictly forbidden on Taber.biz servers and networks. SEO farms create undue strain and resource abuse on any given server and affect all clients.
Banner rotation services and link exchanges are not permitted.
Offering Image, File, Document and Data storage, and hosting and email services are strictly prohibited.
Operating a public mirror site is not permitted.
Running a proxy, whether publicly accessible or protected, is not permitted.
Taber.biz servers should not be used as a storage system for local computer backups.
The abovementioned services / web content create undue system load on my servers and should only be run in a dedicated server environment. All violations will be shut down immediately and may result in account suspension and/or termination.
7.9 Web Applications & Web Accessible Scripts
All web applications that are out of date and actively being exploited will be shut down immediately without notice. As a webmaster you should evaluate your web based applications and scripts on a regular basis to ensure they're secure and up to date.
Resellers
In the event that a resold account is in breach of my Resource Usage Policies (RUP), I reserve the right to suspend this account without informing the reseller. The end user will not be contacted by us and every effort will be made to inform the reseller (my customer) of my actions and reasons.
8. Customer Responsibility
8.1 Contact Information
The customer is responsible for keeping their contact details up to date in their billing control panel. I cannot be held responsible for communication mixups as a direct result of the customers failure to update their details.
8.2 Sensitive data
Customers are responsible for keeping their usernames, passwords and other sensitive data safe. If a breach is suspected, the customer is required to request a change of login details by contacting support staff.
9. Contact procedure
9.1 If a breach of these terms and conditions is found I will, at my sole discretion, determine whether it is a serious or minor breach. If a serious breach of these terms is found I reserve the right to suspend the account(s) of the customer in question or disable any part of the account before contacting them. I will however make an attempt to contact the customer prior to suspension in the event of a minor breach using the email address I have on record for your account. If no reply is received within 3 days I will escalate the status of the breach to a serious breach and may suspend the account(s).
9.2 In the event that a resold account is the subject of the breach I will make every effort to contact the reseller before taking action. In serious cases I may have to suspend or disable part of the account before contacting the reseller.
10. Limitation of Liability & General Terms
10.1 I am not responsible for any claimed damages, which may result from my servers going offline, or being unavailable for any reason. This includes damages which may result from the corruption or deletion of data. The customer agrees to indemnify and hold me/any agent harmless from any claims, damages, including but not limited to consequential damages resulting from the use of the service which damages the customer or any other party.
10.2 I will cooperate fully with investigations of violation of systems or network security at other sites and will cooperate with law enforcement authorities in the investigation of possible criminal violations. Customers who violate these terms may incur in criminal or civil liability.
10.3 For clients with multiple accounts and resellers, I reserve the right to suspend all accounts should the main account owner violate these terms and conditions in a manner deemed by us to be extremely serious.
10.4 In the event that I am unable to contact a reseller account holder to pursue payment, I reserve the right to contact their customers to inform them of the situation. I also reserve the right to contact a resellers customers if they are 'abandoned' by the reseller account holder.
10.5 I will be the sole arbiter as to what constitutes a violation of these terms and conditions. The failure by a customer to meet or follow any of the above terms and conditions is grounds for account suspension or deactivation.
11. Modification
11.1 I reserve the right to add, delete, or modify these Terms and Conditions, my hosting packages, prices, and website at any time with notice provided via WWW and announcements in my forum and/or customer control panel(s). All customers are encouraged to check this document at least once a month to ensure they are aware of any changes.