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WELCOME TO CREATE YOUR OWN HOSTING!
General Terms of Agreement
As a client, it is your responsibility to read it.
ACCOUNTS CAN BE REFUSED AND/OR DISCONTINUED AT CREATE YOUR OWN HOSTING’s
DISCRETION. This is a very careful and secure company and WE WILL check your
customer input to confirm your information. Any irregularities will be cause for
refusal. We do not have instant activation for this reason but we do have HIGHLY
satisfied customers on a clean service!
No IRC's, Illegal or blatantly offensive material or Spamming from a site or
server. Period.
No Exceptions at any time for any reason.
Customers who LOAD (Proof of use or public display NOT required) these programs
or materials on the servers will be billed (including penalties) and further
pursued to THE FULLEST EXTENT of the LAW, including but not limited to lawsuits
against the individuals responsible.
Support Restrictions
CREATE YOUR OWN HOSTING will make efforts support information for configuring
popular network/web software to use internet services. However we can in no way
specifically test every piece of software that could conceivably be utilized
with our systems, only provide general system-related information.
The offer of any particular service does not constitute an obligation on CREATE
YOUR OWN HOSTING's part to tutor the necessary skills to utilize that service,
only to provide system-specific information.
Guarantee's and Payments
Accounts will be billed in advance for the month/quarterly/yearly of service. If
you sign up and receive service today, we will bill you today for the next 30
(or 28/31) days for service. All cancellations will be pro-rated based on days
of last months service (cost of service/days of month = X * Days left in last
months of service = Amount of refund).
1) Uptime Guarantee
If your website and/or email becomes unavailable due to reasons at your facility
(or related), we will offer a refund for 2X the amount of time lost regardless
of duration of downtime for any reason NOT related to customer error up to 100%
of monthly charges refunded.
2) CANCELLATION POLICY:
We offer a 30 day money back guarantee for cause on all hosting, reseller and
dedicated services plans. Cause is any demonstrated failure on our part to
deliver services purchased. Simply put, we do not want a 30 day money back offer
to turn into a scammers delight as "first 30 days free". We used to offer the
first 30 days free and became the target of a great deal of scammers and
spammers...So. If you can provide us with a reason that we failed to provide the
services you purchased from us we will be more than happy to give you a refund.
Secure server certificate and domain registration fee's ARE ALSO NOT REFUNDABLE
a) What if we sign up for 1 year in advance? Is refund available, is it full,
prorated or percentage-based?
See above for specific service policy's. When offered, the refund is Pro-rated.
If you sign up for a year at $120.00 and want to leave after 1 month we will
refund $108.00 (11/12's of the purchase price)
b) Is there a timeline where refund eligibility becomes void?
No
3) Payments
CREATE YOUR OWN HOSTING accepts MasterCard and Visa, Discover, Dinners, cash,
check as payment options. Checks need 3 days clearance.
Privacy Statement
CREATE YOUR OWN HOSTING follows the strict guidelines of our customer privacy
statement. Please make sure you understand this statement fully.
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LEGALIZE
Acceptable Use Policy (AUP)
Use of CREATE YOUR OWN HOSTING Service constitutes acceptance and agreement to
CREATE YOUR OWN HOSTING AUP as well as CREATE YOUR OWN HOSTING TOS (Terms of
Service)
CREATE YOUR OWN HOSTING reserves the right to revise, amend, or modify this AUP,
our TOS (Terms of Service) and our other policies and agreements at any time and
in any manner. Notice of any revision, amendment, or modification will be posted
in accordance with our TOS (Terms of Service). All users of CREATE YOUR OWN
HOSTING Internet services, and their clients, must comply with this AUP and our
TOS (Terms of Service).
IMPORTANT NOTICE: All Payments To CREATE YOUR OWN HOSTING have a 30 day money
back guarantee for cause.
We support the uncensored flow of information and ideas over the Internet and do
not actively monitor subscriber activity under normal circumstances. Similarly,
we do not exercise editorial control over the content of any web site, e-mail
transmission, newsgroups, or other material created or accessible over or
through the services, except for certain proprietary Web sites. However, in
accordance with our TOS (Terms of Service), we may remove any materials that, in
our sole discretion, may be illegal, may subject us to liability, or which may
violate this AUP. CREATE YOUR OWN HOSTING may cooperate with legal authorities
and/or third parties in the investigation of any suspected or alleged crime or
civil wrongdoing. Your violation of this AUP may result in the suspension or
immediate termination of either your CREATE YOUR OWN HOSTING account or other
actions as detailed below without notice, based upon the nature of the violation
This document is intended to provide a basic understand of CREATE YOUR OWN
HOSTING Acceptable Use Policy. The following are guidelines for the
establishment and enforcement of CREATE YOUR OWN HOSTING AUP. If a CREATE YOUR
OWN HOSTING account violates this Acceptable Use Policy or our TOS, we reserve
the right to terminate your service without notice. We prefer to advise
customers of inappropriate behavior and any necessary corrective action, however
based on the nature of the violation, could result in immediate termination of
service.
The following constitute violations of this AUP:
· Illegal Activities: CREATE YOUR OWN HOSTING services may not be used for
illegal purposes, or in support of illegal activities. CREATE YOUR OWN HOSTING
reserves the right to cooperate with legal authorities and/or injured third
parties in the investigation of any suspected crime or civil wrongdoing.
· Harm or Endangerment to other people: You may not use CREATE YOUR OWN HOSTING
service to harm, or attempt to harm, minors in any way, including, but not
limited to child pornography, or use CREATE YOUR OWN HOSTING service to transmit
any material (by e-mail, uploading, posting or otherwise) that threatens or
encourages bodily harm or destruction of property.
· Forgery or impersonation: Adding, removing or modifying identifying network
header information in an effort to deceive or mislead is prohibited. Attempting
to impersonate any person by using forged headers or other identifying
information is prohibited. The use of anonymous remailers or nicknames does not
constitute impersonation.
· CREATE YOUR OWN HOSTING fully supports safelists as long as they are on their
own dedicated servers. These types of sites use a great deal of resources and
can't be supported through our website or Reseller programs. We also require
that these lost be carefully policed and comply with all state (Massachusetts)
and federal (United States) law (regardless of where the site are located).
Failure to abide by these laws constitutes spamming and will be subject to our
spamming policy. Please review it below, it is quite severe and will be enforced
without exception or limits.
· Unsolicited E-mail, News Bombing (SPAM): Use of the CREATE YOUR OWN HOSTING
service to transmit any unsolicited commercial or unsolicited bulk e-mail is
expressly prohibited. Violations of this type will result in the immediate
termination of the offending CREATE YOUR OWN HOSTING account. Anyone hosting
websites or services on their server that support spammers or cause any of our
IP space to be listed in any of the various Spam Databases will have their
server immediately removed from our network. The server will not be reconnected
until such time that you agree to remove any and all traces of the offending
material immediately upon reconnection and agree to allow us access to the
server to confirm that all material has been completely removed. Severe
violations may result in immediate and permanent removal of the server from our
network without notice to the customer. Any server guilty of a second violation
will be immediately and permanently removed from our network without notice.
Malicious intent to impede another person's use of electronic mail services or
news will result in the immediate termination of the offending CREATE YOUR OWN
HOSTING account.
· Copyright or trademark infringement: Use of the CREATE YOUR OWN HOSTING
service to transmit any material (by e-mail, uploading, posting or otherwise)
that infringes any copyright, trademark, patent, trade secret or other
proprietary rights of any third party, including, but not limited to, the
unauthorized copying of copyrighted material, the digitization and distribution
of photographs from magazines, books, or other copyrighted sources, and the
unauthorized transmittal of copyrighted software. Use of the CREATE YOUR OWN
HOSTING service to collect, or attempt to collect, personal information about
third parties without their knowledge or consent. Distribution and/or posting of
copyrighted or the aforementioned infringements will not be tolerated.
· Network disruptions : Use of the CREATE YOUR OWN HOSTING service for any
activity which affects the ability of other people or systems to use CREATE YOUR
OWN HOSTING Services or the Internet. This includes "denial of service" (DOS)
attacks against another network host or individual user. Interference with or
disruption of other network users, services or equipment is prohibited. CREATE
YOUR OWN HOSTING will not tolerate any subscriber attempting to access the
accounts of others, or penetrate security measures of other systems, whether or
not the intrusion results in corruption or loss of data. CREATE YOUR OWN
HOSTING, does not allow the hosting of IRC, IRC Bots, or eggdrops on our
network. Accounts found hosting this material will be subject to immediate
cancellation without refund. Use of the CREATE YOUR OWN HOSTING service to
access, or to attempt to access, the accounts of others, or to penetrate, or
attempt to penetrate, security measures of CREATE YOUR OWN HOSTING or another
entity's computer software or hardware, electronic communications system, or
telecommunications system, whether or not the intrusion results in the
corruption or loss of data, is expressly prohibited and the offending CREATE
YOUR OWN HOSTING account is subject to immediate termination.
· Security: You are responsible for any misuse of your account, even if the
inappropriate activity was committed by a friend, family member, guest or
employee. Therefore, you must take steps to ensure that others do not gain
unauthorized access to your account. In addition, you may not use your account
to breach security of another account or attempt to gain unauthorized access to
another network or server.
· Network Security: CREATE YOUR OWN HOSTING accounts operate on shared network
resources. Excessive use or abuse of these resources by one customer may have a
negative impact on all other customers. Misuse of network resources in a manner
which impairs network performance is prohibited by this policy and may result in
termination of your account.
REPORTING VIOLATIONS OF CREATE YOUR OWN HOSTING AUP
CREATE YOUR OWN HOSTING requests that anyone who believes that there is a
violation of this AUP direct the information to the Abuse Department at
Support@CREATE YOUR OWN HOSTING.net if possible, please provide the IP address
used to commit the violation, date and time of the violation, and evidence of
the violation.
CREATE YOUR OWN HOSTING will charge a $200.00 site clean-up fee for any abuse of
the terms listed above PLUS, ALL TIME AND RESOURCES TO TRACK AND TRACE ABUSE
WILL BE BILLED AT CREATE YOUR OWN HOSTING $75.00 PER HOUR.
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TERMS OF SERVICE (TOS)
All Terms and Conditions of this TOS (Terms of Service) our AUP (Acceptable Use
Policy) and SLA may be modified at our sole discretion without prior warning.
Changes to this TOS does not constitute grounds for early contract termination
or non-payment. Please check back regularly for any updates.
Use of CREATE YOUR OWN HOSTING Service constitutes acceptance and agreement to
CREATE YOUR OWN HOSTING AUP (Acceptable Use Policy) as well as CREATE YOUR OWN
HOSTING TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the
usage of “us”, “we”, “our”, “ours” shall constitute reference to CREATE YOUR OWN
HOSTING, the usage of “you”, “your”, “they”, “them” shall refer to client /
customer of CREATE YOUR OWN HOSTING.
Acceptance of Contractual Agreement
1. Client agrees that by placing an order either by means of electronic ordering
(web order form) or submitting a written contract, and receipt of such order by
CREATE YOUR OWN HOSTING, that you are agreeing to our TOS, AUP, and SLA. No
Modifications of said contract by customer is allowed.
2. CREATE YOUR OWN HOSTING will provide, and Customer will purchase and pay for,
the Services, and service fees specified in the Order for the applicable Service
Description. Customer acknowledges that the service, and service fees have been
communicated to the customer, and that they are aware of all applicable charges
as per contract, AUP, SLA, and TOS. Customer also understands that any
promotional offers unless specified in contractual terms will not be applicable
to their individual service.
3. In connection with any Hosting Services, if Customer’s actual bandwidth usage
in any month exceeds allotted amount, specified in Customer’s contract, Customer
will pay CREATE YOUR OWN HOSTING any additional fees as specified in the Service
Description.
4. Transfers: CREATE YOUR OWN HOSTING reserves the right to make account
transfers among the existing servers without notifying the client unless
necessary.
Payment:
Establishment of this service is contingent upon receipt of payment from
Customer to CREATE YOUR OWN HOSTING. Subsequent payments are due on the
anniversary date of the month for that month’s service. Any setup fees will be
charged full setup fee pricing, and are applied at time of initial request of
such services.
Payments and Fees:
Payment is due on the defined monthly recurring billing date of each month.
Credit cards that are declined for any reason are subject to a $10.00
declination fee. Service will be interrupted on accounts that reach 3 days past
due. Service interrupted for nonpayment is subject to the setup fee for that
service for reconnection. Accounts that are not collectable by CREATE YOUR OWN
HOSTING will be turned over to an outside agency for collection. If your account
is turned over for collection, you agree to pay the company a “Processing and
Collection” Fee of not less than Fifty($50.00) nor more than One Hundred,
Fifty($150.00)
Delinquent Accounts:
CREATE YOUR OWN HOSTING may temporarily deny service or terminate this Agreement
upon failure of Customer to pay charges when due. Such termination or denial
will not relieve Customer of responsibility for the payment of all accrued
service fees, or any collection fees.
Account Activation:
Activation of suspended account has a fee of Php100 pesos or US$2 dollars (per
account). Activation of reseller account has a fee of Php 500 pesos or US$10
dollars.
Account Cancellation:
All requests for canceling any service / services must be made in writing with
at least 30 days notice but not more than 60 days prior written notice and
emailed to info@createownhosting.com. Confirmation Receipt of cancellation will
be sent within 24 hours of our normal cancellation department hours of 9AM to
6PM (PH) Monday - Friday
Refunds and Disputes:
All billing disputes must be reported within 30 days of the time the dispute
occurred. Disputed charges to your credit card issuer, also known as chargebacks,
in CREATE YOUR OWN HOSTING discretion which is valid, under the terms and
conditions of our SLA, AUP, and TOS, will result in service interruption, and
reconnection fees to restore the desired service.
CREATE YOUR OWN HOSTING - SLA
Hosting, Reseller and Dedicated services are defined as servers and server space
that is rented to Clients. This service is to provide the clients with knowledge
and overview of the server. From time to time security updates, patches, kernel
upgrades, and System Administration may be performed free of charge. In addition
to these services System Administrator may make recommendations to improve the
overall performance, security, and updates to the service. At the sole
discretion of the System Administrator any installation, configuration, or
tuning of the server may be considered billable, and you will be notified and
requested to approve any additional charges. Any Support not included with your
dedicated server, will be subject to a $75 an hour labor fee, billed in ½ hour
increments during office hours between 9:00am – 6:00pm (PH). CREATE YOUR OWN
HOSTING will not perform maintenance, security checks, or management without
client initiating such request. CREATE YOUR OWN HOSTING does not take
responsibility for the overall security of servers.
Network Outages or Unscheduled downtime is any unplanned or unscheduled
interruption in Service availability during which Client is unable to access the
services as described in the section titled “Network Uptime” above. A Network
Outage is defined as a period in which 100% packet loss to our network is
experienced, which is determined to have been caused by a problem in CREATE YOUR
OWN HOSTING Network as confirmed by CREATE YOUR OWN HOSTING. Downtime or outages
are measured as the total length of time of the unplanned interruption in
service availability in a calendar month.
Scheduled Downtime is any CREATE YOUR OWN HOSTING scheduled interruption of
Services, for the purpose of network upgrades, or replacement of any equipment
in order to provide for you better service. Scheduled downtime occurs during
notified downtime periods, with as much advance warning as possible via e-mail
with a minimum of 24 hours notice.
SLA Network Violation Credit occurs when our network uptime guarantee is not
met. CREATE YOUR OWN HOSTING will refund the customer 200% of the value of the
time of service (up to 100% of your monthly fee) for network downtime. Network
downtime is measured from the time the network is 100% unreachable, until
service is once again restored. In order to request a performance credit, you
must E-mail us within 10 days of reported violation. SLA violations will be
reviewed by our personnel Monday – Friday 9AM to 6PM (PH). *Network violation
SLA credit does not cover server hardware failure.*
Performance Credit exclusions: The following are excluded from the monthly
calculation of Service Availability:
· Scheduled downtime
· Problems outside of CREATE YOUR OWN HOSTING network (upstream providers, or
client’s inbound connection) not effecting 100% loss to our network
· Interruptions or failure of individual service caused by client, their
employees, client’s customers, etc. to their service. These include inaccurate
configuration, 3rd party software, client abuse or over utilization of
resources, hacked servers, attacks, exploits, or server hardware failures.
Server Hardware for Dedicated, or Co-Located Servers
Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC
card and other related hardware included for Dedicated Servers, and switches for
Co-Located Servers, unless client provides their own switch.
Hardware replacement will occur within 12 hours of the reported problem, CREATE
YOUR OWN HOSTING will refund 5% of the monthly fee per additional 6 hours of
down time (up to 100% of customer's monthly fee). In order to reduce replacement
hardware downtime, we keep a small quantity of pre-built systems on hand to swap
out Hard disks, so that your server can be back up in the shortest amount of
time. For Hard disk failures, we keep pre-installed drives with our standard
partitioning for immediate deployment. In order to request an SLA hardware
violation credit, you must E-mail us within 10 days of reported violation. SLA
violations will be reviewed by our personnel Monday - Friday 9AM to 6PM (PH).
*Hardware SLA violations do not cover network violation*
Performance Credit exclusions: The following are excluded from the monthly
calculation of Service Availability:
· Scheduled downtime
· Interruptions or failure of individual service caused by client, their
employees, client’s customers, etc. to their service. These include inaccurate
configuration, 3rd party software, client abuse or over utilization of
resources, hacked servers, attacks, exploits, or server hardware failures.
Replacement is defined as returning the server to original configuration when it
was purchased. If hardware failure causes corrupted Operating System, Data
Files, or Configuration of server, CREATE YOUR OWN HOSTING will restore the
system to original state.
CREATE YOUR OWN HOSTING is not responsible for the restoration of data to
server. We strongly recommend that you purchase backup options for your
account/server, and keep copies of your data off-site with you for emergency
purposes. If hardware failure and data loss occurs, you the client are
responsible for data restoration. CREATE YOUR OWN HOSTING shall not be liable
for loss of data under any circumstance.
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