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Terms of Service:
Updated 2/21/13 4:30 pm EST

1.) Account Setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with a working email address. You may receive a phone call within a 24-48 hour period to determine your identity.


2.) Content

All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography.  Adult related content is NOT allowed.  Common sense movie rating system with regard to "Adult" related content. PG13 and below is acceptable.  R and above is NOT acceptable.

Examples of unacceptable material:

Pornography of any sort.
IRC Bots
Warez Sites
Pirated Software
Hate sites
Hack programs and archives
Content "we" personally deem to be unacceptable.

WE DO RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE AT OUR SOLE DISCRETION.


3.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice. If you wish to send out bulk emails either solicited or unsolicited, you must first contact us and get authorization of said resource usage of our servers.

Mass/bulk email definition:
Any email addressed to 10 or more people with identical content. (sent over and over is considered bulk/mass mail) The exception to this rule is when you have 10 or more employees in an organization and you need to send out a notice to said employees. You do have unlimited use of "normal" email communications.  Mass/bulk email is not "normal".

AOL ACCOUNT HOLDERS READ:
AOL has implemented an anti spam capability that allows you to mark messages as spam within your aol email account.  Emails that you setup as forwarders for your hosting account that get forwarded to your aol email address, if you mark them as "spam", will cause aol to tag "Stormer Hosting" as the last known "source" of the spam and not the originator of the spam.  DO NOT use the aol anti spam option if you are going to forward your email to your aol account.  If you do so and AOL blocks the servers of Stormer Hosting, your account will be immediately suspended, if not terminated for ABUSE. A clean up fee may be required for said abuse.

We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion.

We  reserve the right to charge the holder of the account used to send any unsolicited OR solicited e-mails a clean up fee. This cost of the clean up fee is left entirely to the discretion of Stormer Hosting as cost may vary depending on the abuse.

YAHOO, SBCGLOBAL, ATT, BELLSOUTH, EARTHLINK, AOL, COX, HOTMAIL, CHARTER, ROADRUNNER, VERIZON:
These companies randomly and without notice can and will block email you forward to these email accounts.  It is their attempt to block spam that may be forwarded to their mail servers. The only guarantee of receipt of email is if you pop your email directly off our mail server and NOT forward your email to your ISP. 

Example: [email protected] forwarding email to: [email protected] address.

Mail services such as GMail are an excellent alternative if you must foward your email as it will NOT block any email you forward to those accounts. (UPDATE: they have started to block individual emails that are spammy, but not mail servers)  Mail forwarders can then be setup to forward to your ISP from Gmail if you insist on forwarding your email to your ISP email account. 

Example: [email protected] forwarding email to: [email protected] which then forwards to [email protected] .

We do NOT allow email forwarders @yourdomain to forward to ANY of the ISPs listed above.  We can configure them manually for you upon request, but reserve the right to disable that forwarder should the ISP start blocking our mail servers.   We do not block your normal email correspondence to and from these ISPs.

RBL - REAL TIME BLACKLIST
We use the services of  http://www.spamhaus.org on our servers to block spammers.  No other type of spam blocking occures unless you are paying for one of the Anti-Spam mail services offerred on Stormer Hosting website.  Why do we use them?  This keeps our servers from coming under common "dictionary" attacks by known spamer IP addresses.  Spammers have been known to send email to litterally thousands of different combinations @yourdomain.com in an attempt to find valid addresses.  The use of spamhaus.org prevents many of these types of attacks.  Failure to use their services may impact the performance of your hosting account and increase complaints about "spam" being delivered to inboxes on the server.


4.) Payment Information

You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify Stormer Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.

We reserve the right to change the monthly, quarterly and annual payment amount and any other charges at anytime without notice. We will attempt to give notice, but no guarantee of said notice is promised.

Charge Backs on Credit Cards:  If you do not, in good faith "first" try to call or contact us and you do a charge back, your account will be immediately suspended if not terminated. It is only courteous to simply "call" and let us know you have a dispute. Our phone number is clearly listed on your credit card statement. We "can" solve the dispute for you MUCH FASTER.  We can simply VOID or CREDIT the amount back to your card.  Doing a charge back is RUDE and is an unacceptable means of doing business.  We "can" be contacted.  If a charge back is processed and you wish to reactivate your account, a late fee of 25.00 will be charged and a charge back fee of 25.00 will be processed.

The billing backend is located at:
https://stormerhosting.freshbooks.com

Email invoices will be sent from:

You should white list that email address so it is not considered spam.

It is
your responsibility to keep your contact information up to date so that you can be notified of of a payment due.  A ground mail invoice and an email invoice will be generated on the 1st of each month an annual renewal is due.  You will receive 3 additional email reminders for a total of 5 notifications.  After which your account may be suspended or terminated without further notice.  A 25.00 reactivation or late fee may apply to continue services.  Any payment made via check or online via credit card or paypal will generate an email notification that your payment has been received.


5.) Backups and Data Loss

Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. Reasonable attempts to maintain a 24 hour backup of your data is standard.  However, you agree to take full responsibility for files and data transferred and to maintain all appropriate backup of your "own" files and data stored on our servers.

Additional backup services can be ordered by you at a fee and will be guaranteed.


6.) Cancellation and Refunds

We reserve the right to cancel the account at any time.

Customers may cancel at any time.

Accounts that do not meet the 30 day money back guarantee policy requirements (See section 9) will be prorated any unused hosting amounts at the "monthly" rate.


7.) Resource Usage

Users may not initiate the following:

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 gaming servers such as counter-strike, half-life, battlefield1492, etc

d) Run any script or program that adversely affects others on the same server.  Dedicated servers being the only exception.


8.) Bandwidth & Quota Usage

You are allocated a monthly bandwidth and quota 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 resources are 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 bandwidth in one month cannot be carried over to the next month. As a general rule, we will upgrade your account to the next high level and send out a prorated invoice to prevent any interruption of your services.

We do not offer "unlimited" bandwidth.  We do not offer unlimited bandwidth because we want to ensure that all accounts operate at peak performance.  Those that use more, should pay more.  This also allows us to identify accounts that may need to be upgraded or migrated to separate accounts to increase their performance and the performance of others on the same server.


9.) Money back Guarantee

Only Economy, Economy Plus, Professional, or Professional Plus accounts are eligible for a 30 day money back guarantee for brand new account sign ups.  After 30 days you waive your right to the money back guarantee.   We reserve the right to give your money back for other services and accounts at our sole discretion without giving up our right to decline a request for refund for other services and accounts.

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.

There is no money back guarantee on any other plan or service.


10.) Price Change

We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time.  See also section 4.


11.) Domain Registrations and Renewals (if purchased by Stormer Hosting on your behalf)

1. All domains will be initially registered to the purchaser. This can be changed upon request.
2. Your email address will not be visible in the whois.
3. You will have complete access to your domain name to make changes as you see fit upon request. 
4. Renewal notices will be sent out 30+ days prior to expiration, via email and or ground mail.
5. You will receive additional email reminders every Monday until the invoice is paid or the domain expires.
6. You do not need to "host" the domain with Stormer in order to purchase the domain.
7. All sales are final.


12.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, 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 any  liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (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 by Stormer Web Design and Hosting.


13.) Disclaimer

We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim 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 us and our employees or vendors we use to provide you service.


14.) Changes to the Terms of Service

We reserve the right to revise our Terms of Service at any time without notice.  It is your responsibility to preview our Terms of Service and become aware of them.  Any payment made either via our website or account billing software has a link to our Terms of Service.  Paying your invoice signifies you agree to our Terms of Service.


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