Terms of Service

The terms of these services are formulated in such a manner that they define a decent and legal responsibility between ServMySite.com as a Provider of Cloud Hosting Services and its subscribers as customers. The customer is responsible for the information and content of the plan/package provided by the Provider’s services. The Provider cannot be held responsible, under any circumstance, for the content of the web sites developed by the customer.

1. Order Issue

Issuing an order for one of the products/services sold by ServMySite.com represents the fact that you have acknowledged and agreed to the contents of this Terms of Service. At the time of the order being issued, the customer agrees with the compute resources offered by the provided plan (CPU cores, Memory, disk storage space, IP addresses, and Bandwidth values) and assumes liability to not exceed these limits, with exception to Bandwidth charges. If these limits are insufficient and the customer needs to increase them, they may adjust their limits through their control panel and will immediately be billed on an hourly basis reflecting the new limits selected.

2. Modifying the name servers and WHOIS information

When modifying your name servers for the domains, there is a time, up to 24 hours (called domain propagation time), until your hosted site will become visible. ServMySite.com cannot influence in any way this domain propagation time. The customer is obligated to maintain the correct identification and contact data of their owned domains.

3. Product pricing

ServMySite.com has the right to adjust prices for plan/package and products/services at any time. Advertised price changes will not affect an existing order’s monthly term period, but will take into effect after that monthly term period expires.

4. Up time warranty and technical support

ServMySite.com offers a 99.9% up time warranty for our services. This includes the warranty for the up time of our Federation servers and network. This warranty doesn’t cover the areas where ServMySite.com doesn’t have any authority, such as your own PC malfunction, your ISP malfunction, or routing/filtering issues between your ISP and our Federation network. The technical support is offered for free to customers that own an active and paid hosting account, for the provided period. This is offered through our support ticketing system (from within the client portal and control panels). Support will only be honored through the use of the Support ticket system which will have a complete audit trail of question and response queries. Responses to Support tickets will be returned as soon as possible. E-mails submitted outside the support ticket system will not be accepted for ongoing support issues. The following types of support questions such as : Web Design, HTML/PHP troubleshooting, Workstation settings, etc.. does not qualify as paid services when purchasing a hosting account. These types of support questions will not be supported.

5. Data responsibility and security

The provider is responsible for the operation of it’s Federation servers and network. The provider undertakes not to disclose the details of its customers to third parties (except to legal authorities, when required by the law). The provider will keep the data from it’s customer’s hosted account, confidential. The logon access details will be communicated only by e-mail and only to the supplied customer’s e-mail address (as mentioned in the order).

The customer assumes entire responsibility on:

1. The content and structure of data on uploaded files.
2. The content, structure, functionality and security of their own site’s scripts.
3. The content and destination of e-mails from within their accounts.
4. Disclosure of terms of service, contact or access data to any third parties.

6. Abuse and illegal use of services

Failure to respect existing legislation when using the provided hosting services, by sending, storing information or materials which are considered illegal (unlicensed software, audio files, movies, programs that can be used for hacking/cracking, gambling sites that are illegal in certain global regions, etc.) is strictly prohibited. Doing this will result in your cloud hosting account getting blocked/deleted without notice and without paying back any remaining balance amount. ServMySite.com reserves the right to retain and supply to legal authorities the data and information from any account/service which are reported as breaking the law.

By abuse on our services we understand:

1. programs not allowed running in background on our server (irc/bnc/proxies/video streaming).
2. scripts that are overloading the server, the network, and that use heavy resources, and also affecting other users (data streaming, mail bombing, flooding, and spam queries).
3. distributing or storing of materials that contain viruses, trojans, worms or any other similar software that can affect the security of federation network/servers.
4. unauthorized interception of the data or traffic, on any network, system, server without the provider’s consent.
5. Sending an e-mail volume larger than 100 e-mails / hour.

By breaking the law, we understand:

1. sending, distributing, storing of information, data or materials under strict copyright, trademarks and intellectual property.
2. sending, distributing, storing of information/data/materials of a pornographic, pedophile or sexually abusive nature.
3. sending, distributing, storing of obscene information/data/materials.
4. sending, distributing, storing of information/materials that can be considered defamatory to certain persons or groups.
5. sending, distributing, storing of information/materials tied to organizations, actions or activities pertaining to terrorism.
6. pirated software, any pirated material or warez (hacking, cracking, music, mp3, movies, pictures, texts, gms ring tones, etc).
7. activities tied to virus penetration, key-logging, scanning, carding, phishing, spam, etc.

The utilization of the ServMySite.com services/servers to send SPAM or UCE (unsolicited commercial e-mail) is strictly forbidden. Anyone who uses our services has the entire responsibility for the scripts they put online, and they will have to ensure that the offered services aren’t offered by 3rd parties to send SPAM.

7. Payment

The minimum payment period is a month. We don’t accept payments for less than the minimum period. Payment for the services provided by ServMySite.com will be paid in advance and will be paid using the payment methods listed at ServMySite.com. The Payment date will be considered the date when the payment amount clears the payment processor for ServMySite.com. ServMySite.com will warn the customers, via e-mail, several days before their validity period ends. If the customer fails to pay within 5 calendar days after the expiration date, ServMySite.com reserves the right to suspend the services without any further notice.

8. Back-up

The backups can be automatically performed daily on-site or on demand. Through the customer control panel you can make your backup selection. Additional storage charges apply when using backups. We don’t offer any warranty for the integrity of the performed backups. We advise all our customers to generate and download their own backups on a routine basis, using their supplied File Transfer method.

9. Service cancellation

The customer may announce their intention to waive the ServMySite.com services, by notifying us of the reasons of doing so. This notification will be done through the support ticket system. Outside E-mail requests and verbal notifications won’t be taken into consideration. If the customer’s request is justified and has not previously violated the terms of this Terms of Service, we will proceed to refund the remaining unused credit.

Refunds are processed considering these requirements:

1. If the customer changes the IP address of their hosted servers, without prior notice, it is considered that the customer willingly gave up the cloud hosting package, and the customer will automatically loose the benefit of free technical support and a refund.
2. Domain registrations are not refundable.
3. A refund may be claimed only for the current hosting plans remaining credit.
4. From the plans remaining credit amount, we will deduct all hourly amounts due, domain registration fees (if applicable), payment processor fees, and any other incurred charge-back fees processing a refund back to you. Based on this calculation, if a positive amount exists, a refund will be issued. If a negative amount is calculated, no refund will be issued and a final invoice will be issued for any outstanding amount due.
   

ServMySite.com reserves the rights to modify these terms whenever necessary, considering that these modifications will be publicly made available on this site.