Webhosting Terms of Service
The use
of services from Manifest Creative [hereafter referred to
as "ManifestBozeman"]
constitutes agreement to these terms.
We will setup your account after we have received payment
and we and/or our payment partner(s) have screened the order(s)
in case of fraud. It is your responsibility to provide us
with an email address which is not @ the domain(s) you are
signing up under. If there is ever an abuse issue or we
need to contact you, the primary email address on file will
be used for this purpose. It is your responsibility to ensure
the email address on file is current or up to date at all
times. Providing false contact information of any kind may
result in the termination of your account.
All services provided by ManifestBozeman may only be used
for lawful purposes. The laws of the State of Montana, and
the United States of America apply. The customer agrees
to indemnify and hold harmless Manifest Creative from any
claims resulting from the use of our services. 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. If you believe that your copyright or trademark
is being infringed upon, please email webmaster@ManifestBozeman.com
with the information required. A list of required information
may be found here.If
the request is of a licensing issue, we may require further
documentation.
Examples
of unacceptable material include: IRC Bots, Proxy
Scripts / Anonymizers, Pirated Software / Warez, ".img"
/ image hosting only sites that do not host an actual domain
name, Escrow, High-Yield Interest Programs(HYIP), Bank Debentures,
Bank Debenture Trading Programs, and Prime Banks Programs,
lottery sites, muds / rpg's, hate sites, hacker focused
sites/archives/programs, sites promoting illegal activities.
We reserve the right to refuse service to anyone. Any material
that in our judgement that is obscene or threatening is
prohibited and will be removed from our servers 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. If in doubt regarding the
acceptability of your site or service, please contact us
and we will be happy to assist you. Potential harm to minors
is strictly forbidden, including but not limited to child
pornography or content perceived to be child pornography
(Lolita): Any site found to host child pornography or linking
to child pornography will be suspended immediately without
notice. Violations will be reported to the appropriate law
enforcement agency.
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
644 or as restrictive as possible.
We take a zero tolerance stance against sending of unsolicited
e-mail, bulk emailing, and spam. "Safe lists" and "double
opt-in" will be treated as spam. Any user who sends out
spam will have their account terminated with or without
notice. Please read our generalized
mail policy. Sites advertised via SPAM (Spamvertised)
may not be hosted on our servers. This provision includes,
but is not limited to SPAM sent via fax, email, instant
messaging, or usenet/newsgroups. Manifest Creative 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.
Manifest Creative reserves the right to charge the holder
of the account used to send any unsolicited e-mail a clean
up fee. This cost of the clean up fee is entirely at the
discretion of Manifest Creative.
You agree to supply appropriate payment for the services
received from Manifest Creative, in advance of the time
period during which such services are provided. You agree
that until and unless you notify Manifest Creative of your
desire to cancel any or all services received, those services
will be billed on a recurring basis. Cancellations must
be done in writing via the cancellation form provided. Manifest
Creative reserves the right to change the monthly payment
amount and any other charges at anytime. We will notify
you in writing and/or to your e-mai address on file to advise
you of these changes.
Your use of the service is at your sole risk. Manifest Creative
is not responsible for files and/or data residing on your
account. You agree to take full responsibility for files
and data transferred and to maintain all appropriate backup
of files and data stored on Manifest Creative servers.
Manifest Creative reserves the right to cancel the account
at any time with or without notice. Any abuse of our staff
in any medium or format will result in the suspension or
termination of your services. Customers may cancel at any
time via a cancellation form. Manifest Creative gives you
an unconditional 30 day money back guarantee on managed
shared hosting. There are no refunds on dedicated servers,
administrative fees, install fees for custom software, or
domain name purchases. Refund requests after 30 days will
be refunded on a prorated basis of any unused time. Only
first-time accounts are eligible for a refund. For example,
if you've had an account with us before, cancelled 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.
User may not:
a) Use 25% or more of system
resources for longer then 90 seconds. There are numerous
activities that could cause such problems; these include:
CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive
real-time chat applications that require server resources.
Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended
server-side processes at any point in time on the server.
This includes any and all daemons, such as IRCD.
d) Run any software that interfaces
with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application,
tracker, or client.
f) Participate in any file-sharing/peer-to-peer
activities
g) Run any gaming servers such
as counter-strike, half-life, battlefield1492, etc.
h) Run cron entries with intervals
of less than 15 minutes
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.
On dedicated servers and colocation no full refund will
be honored -- the 30 day money back guarantee does not apply.
We reserve the right to refund a prorated amount or no refund
at all. Each of Manifest Creative's managed shared servers
carry a 30 day unconditional money back guarantee on them.
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 packages and does not apply to dedicated
servers, administrative fees, install fees for custom software,
or domain name purchases.
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 refund
is at the discretion of ManifestBozeman dependant upon justification
provided. Third party monitoring service reports may not
be used for justification due to a variety of factors including
the monitor's network capacity/transit availability. The
uptime of the server is defined as the reported uptime from
the operating system of the server which may differ from
the uptime reported by individual services. To request a
refund, please contact webmaster@ManifestBozeman.com
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 refund is prorated for the amount of time the
server is down which is not related to our uptime guarantee.
Under no terms may shared accounts may not resell web hosting
to other people.
Manifest Creative 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 as required by our datacenter.
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. Manifest Creative reserves the right
to audit servers as needed and to perform administrative
actions at the request of our datacenter.
The amount you pay for hosting will never increase from
the date of purchase. However, we do reserve the
right to change prices listed on ManifestBozeman.com to
new customers, and the right to increase the amount of resources
given to plans at any time.
Customer agrees that it shall defend, indemnify, save and
hold Manifest Creative harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against Manifest Creative, its
agents, its customers, officers and employees, that may
arise or result from any service provided or performed or
agreed to be performed or any product sold by customer,
its agents, employees or assigns. Customer agrees to defend,
indemnify and hold harmless Manifest Creative against liabilities
arising out of; (1) any injury to person or property caused
by any products sold or otherwise distributed in connection
with Manifest Creative; (2) any material supplied by customer
infringing or allegedly infringing on the proprietary rights
of a third party; (3) copyright infringement and (4) any
defective products sold to customers from Manifest Creative's
server.
Manifest Creative shall not be responsible for any damages
your business may suffer. Manifest Creative makes no warranties
of any kind, expressed or implied for services we provide.
Manifest Creative disclaims any warranty or merchantability
or fitness for a particular purpose. This includes loss
of data resulting from delays, no deliveries, wrong delivery,
and any and all service interruptions caused by Manifest
Creative and its employees.
Manifest Creative may disclose any subscriber information
to law enforcement agencies without further consent or notification
to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.
Manifest Creative reserves the right to revise its policies
at any time without notice. The most up-to-date Terms of Service
can always be found at: ManifestBozeman.com/services/policy/tos.php.
Top
of page
« Back to Policies
|
