Legal
ChristianWebHost.com Terms of Service Agreement
This Agreement defines the terms and conditions of ChristianWebHost.com's services as listed on http://Christian Web Host/products as (the "Services"). ChristianWebHost.com will provide the Services selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. You certify that you are at least 18 years of age. To become a ChristianWebHost.com accountholder, you must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules and any policies that are or may be published by ChristianWebHost.com.
This Agreement will become effective when accepted by ChristianWebHost.com. ChristianWebHost.com may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services. Payments must be submitted in advance of receiving the Services.
As part of the Services, ChristianWebHost.com will provide your own web-based Customer Management Interface (the "Customer Manager") which is located at https://my.ChristianWebHost.com. The Customer Manger contains customer contact information, billing information, product information, product logins, and customer support information.
You agree to provide ChristianWebHost.com with accurate contact and billing information, including your legal name, address, telephone number, e-mail address and to update this information immediately in your Customer Manager if any changes occur.
1. Scope of Services and Obligations
1.1. VDS Web Hosting
1.1. A. You are responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the "Upload Materials") to your website, and you hereby warrant that all Upload Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties. You are responsible for ensuring that all Upload Materials will function properly and as intended. You are responsible for all activity originating from your website, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your website that may be put on by a third party (such as the usage of Free For All links pages). Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website. You acknowledge that you have the necessary knowledge to create, modify and maintain your website. ChristianWebHost.com assumes no responsibility to provide you with such knowledge.
1.1. B. You agree to comply with the requirements of the Digital Millennium Copyright Act (the "DMCA") and acknowledge that ChristianWebHost.com is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. ? 512. Consistent with the DMCA, ChristianWebHost.com will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, ChristianWebHost.com has a policy of terminating accountholders who are repeat copyright infringers.
1.1. C. ChristianWebHost.com offers a 30 day money back guarantee to a customer's first VDS Web Hosting account purchased (including setup fees). All added features to your VDS Web Hosting account are nonrefundable. Annual contract commitments are excluded from this offer.
1.1. D. If you secure your account with a credit card or electronic check, you acknowledge that ChristianWebHost.com will bill your credit card or checking account prior to receiving service. You authorize automatic billing by ChristianWebHost.com on an on-going basis during the term of this Agreement. If you wish to cancel your service, you must do so prior to your next due date to avoid being charged for additional month(s) of service.
1.1. E. Delinquent accounts are those that remain unpaid at the next due date. The Services will be suspended if your account is delinquent for 15 days. Notwithstanding any other rights ChristianWebHost.com may have in this Agreement, all of your website contents will be destroyed if your account is delinquent for 25 days. ChristianWebHost.com accounts continue to accrue charges while they are delinquent or if the Services are suspended.
1.1. F. If you wish to cancel your VDS Web Hosting account, you must do so prior to your next due date to avoid being charged for additional month(s) of service. You may cancel your ChristianWebHost.com services by selecting ‘Change Renewal Options-Cancel this Product’ within your Customer Manager which is located at https://my.ChristianWebHost.com
1.1. G. ChristianWebHost.com does not offer a prorated refund based on the early cancellation of your services. If you are on a multi-month payment interval and wish to cancel a service prior to the end of the term, you will forfeit any money paid for the services. Once money has been received on an account, this account will be considered under contract for the service provided by ChristianWebHost.com for the term of agreement. This policy is in effect for all accounts at ChristianWebHost.com.
1.2 Domain Registration
1.2. A. In connection with requesting that ChristianWebHost.com assist you with registration services, you represent and warrant the following: (a) the registration you have asked ChristianWebHost.com to make is not made with a "bad faith intent" (as that term is used in the Anticybersquatting Consumer Protection Act, 15 U.S.C. ? 1125(d)); (b) the Domain Name does not conflict with another domain name; (c) to your knowledge, the registration of the Domain Name will not infringe upon or otherwise violate the rights of any third party; (d) you are not seeking registration for an unlawful purpose; (e) you will not use the Domain Name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, such as "netiquette"; and (f) you will not knowingly use the Domain Name in violation of any applicable laws or regulations, for any slanderous purposes, or in connection with the distribution or receipt of child pornography. It is your responsibility to determine whether the Domain Name registration infringes or violates someone else's rights. You represent and warrant that all information provided by you in connection with your Online Order form is complete and accurate. ChristianWebHost.com makes no representation or warranties of any kind regarding the availability, or the propriety of any use of, any Domain Name requested by you. ChristianWebHost.com does not represent or warrant that its services in connection with registration of the Domain Name will prevent challenges to the Domain Name or shield you in any way for liability for the use of the Domain Name.
1.2. B. ChristianWebHost.com is bound to use ICANN's dispute policy if any person challenges the registration of the Domain Name you have selected (the "Dispute Policy"), which can be found at http://www.icann.org/dndr/udrp/policy.htm You agree that ChristianWebHost.com, in its sole discretion, may cancel, transfer, suspend or otherwise make changes to the domain registration if ChristianWebHost.com (a) is in any way involved in a proceeding in connection with the Dispute Policy, (b) receives any order from any court or arbitral tribunal threatening or requiring such action, or (c) determines that you have breached any of your representations and warranties in Section 1.2. You understand that ChristianWebHost.com has no obligation to defend you in the event any dispute arises in connection with the Domain Name.
1.2 C. As consideration for ChristianWebHost.com's domain name registration services, you agree to pay all applicable registration fees and renewal fees. Such registration fees and renewal fees are non-refundable. You agree that ChristianWebHost.com will attempt to collect payment for a one year renewal of your domain name registration 15 days prior to its expiration date and renew your domain name accordingly, unless you select to 'Change Renewal Options-Set to Let Expire' through your Customer Manager, located at https://my.ChristianWebHost.com. If ChristianWebHost.com is unable to collect payment for your domain name registration, your domain name registration will not be renewed. To renew your domain name manually, login to your Customer Manager located at https://my.ChristianWebHost.com. If you do not pay the renewal fees by the time specified in the renewal notice, your registration will expire. You agree that ChristianWebHost.com will have no liability whatsoever with respect to any such expiration and that ChristianWebHost.com may transfer the Domain Name in the event of any delinquency in payment.
1.3 Christian Web Host Reseller Program
1.3. A. Except as otherwise provided in this Agreement, Christian Web Host will not intentionally contact or directly market to a Reseller's customer. Christian Web Host will only communicate with a Reseller's customer to the extent that a RESELLER is non-responsive to inquiries for a commercially unreasonable time.
1.3 B. RESELLER has sole responsibility to provide to their Customers any on-going support services. Christian Web Host shall not provide any direct or indirect support services of any kind to the Reseller's Customer. Christian Web Host will provide certain support services only to RESELLER.
1.3 C. Christian Web Host and RESELLER are independent contractors, and nothing herein shall be construed as creating an employment, franchise, joint venture or partnership relationship between them. Neither party shall be an agent of the other party, and neither party shall have any right, power or authority to enter any agreement for or on behalf of, incur any obligation or liability, or otherwise bind the other party.
1.3 D. RESELLER will purchase the Services from Christian Web Host in accordance with the price and payment terms set forth by Christian Web Host. RESELLER may independently determine the retail amounts it will charge its Customers for each item and/or portion of the Services.
1.3 E. If you secure your account with a credit card or electronic check, you acknowledge that ChristianWebHost.com will bill your credit card or checking account prior to receiving service. You authorize automatic billing by ChristianWebHost.com on an on-going basis during the term of this Agreement. If you wish to cancel your service, you must do so prior to your next due date to avoid being charged for additional month of service.
1.3 F. Delinquent accounts are those that remain unpaid at the next due date. The Services will be suspended if your account is delinquent for 15 days. Notwithstanding any other rights ChristianWebHost.com may have in this Agreement, all of the Reseller's Customer websites content will be destroyed if your account is delinquent for 25 days. ChristianWebHost.com accounts continue to accrue charges while they are delinquent or if the Services are suspended.
1.3 G. All fees associated with the Christian Web Host Reseller Program are nonrefundable.
1.3 H. Christian Web Host will run a monthly "Server Group" audit on RESELLER. If RESELLER has provisioned any VDS hosting accounts on FEE based server groups, then RESELLER will be automatically billed for the Server Groups at then-current rates.
1.3 I. If you wish to cancel your Christian Web Host Reseller Program, you must do so prior to your next due date to avoid being charged for an additional month of service. You may cancel your ChristianWebHost.com services by selecting ‘Change Renewal Options-Cancel this Product’ within your Customer Manager which is located at https://my.ChristianWebHost.com
2. Limitation of Liability and Indemnification
2.1. IN NO EVENT SHALL ChristianWebHost.com BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF ChristianWebHost.com SERVICES) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE ChristianWebHost.com'S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF ChristianWebHost.com'S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF ChristianWebHost.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ChristianWebHost.com'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO ChristianWebHost.com FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ChristianWebHost.com'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
2.2. You agree to indemnify, defend and hold ChristianWebHost.com and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto ChristianWebHost.com's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, child pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to ChristianWebHost.com's equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by ChristianWebHost.com's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
3. Arbitration; Governing Law
3.1. Except for ChristianWebHost.com's compliance with take-down provisions of the DMCA or injunctive or other equitable actions initiated by ChristianWebHost.com pursuant to Section 4(b), if any controversy or dispute arises in connection with this Agreement, the Services or your use of ChristianWebHost.com's servers, such controversy or dispute shall first be presented for resolution by ChristianWebHost.com and you. If no resolution is reached within 7 days thereafter, then such controversy or dispute shall be resolved by binding arbitration in Columbus, Ohio, under the then-current rules of commercial arbitration of the American Arbitration Association. Each party shall select an arbitrator with expertise in computer law and the Internet, and these two arbitrators shall select the third arbitrator with such expertise. The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of Ohio (without regard to conflicts of laws principles).
3.2 You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Columbus, Ohio, for any action, suit or proceeding arising out of or relating to this agreement.
4. ChristianWebHost.com's Right to Terminate Agreement
4.1. ChristianWebHost.com reserves the right to suspend or terminate the Services to you and remove or prevent access to any ChristianWebHost.com servers at any time, without prior notice or liability, for any conduct that ChristianWebHost.com, in its sole discretion, believes violates this Agreement or is otherwise harmful to ChristianWebHost.com's interests or the interests of other accountholders. (b) ChristianWebHost.com also reserves the right to comply with the take-down provisions of the DMCA and to seek injunctive, declaratory, or other judicial or equitable relief (and, pending such action, to suspend all access to ChristianWebHost.com servers) if any third-party claim is made that your content or use violates any of the acceptable uses or your obligations or representations described in this Agreement.
5. Miscellaneous
You may not assign your rights and obligations under this Agreement without the prior written consent of ChristianWebHost.com, which may be withheld at ChristianWebHost.com's discretion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of ChristianWebHost.com to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by ChristianWebHost.com of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any action for any claim arising under, or in connection with, this Agreement must be commenced by you within one year after the alleged cause of action has accrued or after the date of termination of this Agreement, whichever is earlier. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Such provision may be amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision. No provision of this Agreement may be amended or modified by you except by means of a written document signed or expressly assented to by ChristianWebHost.com. All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive. This Agreement and the Online Order form, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and ChristianWebHost.com and supersede and govern all prior proposals, agreements, or other communications.
6. Other Policies and Agreements
By accepting this agreement you also agree to our Acceptable use Policy (AUP) listed below.
Acceptable Use Policy
Use and Misuse of the Services
All complaints of abuse, violation and misuse of the Services shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, please ask first: abuse@ChristianWebHost.com. You are responsible for all use of your website, with or without your knowledge or consent. You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to, drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. When ChristianWebHost.com becomes aware of possible violations of this Agreement, ChristianWebHost.com may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on ChristianWebHost.com's servers. ChristianWebHost.com, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD ChristianWebHost.com HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY ChristianWebHost.com AS PART OF ITS INVESTIGATIONOF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM ChristianWebHost.com AS A RESULT OF ChristianWebHost.com'S DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF ChristianWebHost.com'S CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
Use and Misuse of Materials
Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also re-distribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain. You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. You may not post, upload or otherwise distribute copyrighted material on ChristianWebHost.com'S servers without the consent of the copyright holder. Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX. ChristianWebHost.com supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, ChristianWebHost.com will not substitute itself for a court of law in deciding tort claims raised by the third party.
Email Use
Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); passive spamming (promoting a website hosted by ChristianWebHost.com by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generating a higher volume of outgoing mail than a normal user; propagating chain letters; and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. If you are repeatedly mailbombed or attract such behavior, the Services will be terminated. You should not send email to any user who does not wish to receive it, either at ChristianWebHost.com or elsewhere. ChristianWebHost.com recognizes that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop. You may not alter the headers of email messages to disguise their identity or to prevent users from responding to the messages. ChristianWebHost.com may disclose the usernames of accounts responsible for forged email messages to system administrators or users requesting the information. Violations of the ChristianWebHost.com policies outlined herein can sometimes result in massive numbers of email responses. If you receive so much email that ChristianWebHost.com resources are affected, ChristianWebHost.com staff may shut down your mailbox.
System Security
You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at ChristianWebHost.com or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. If you are involved in violations of system security, ChristianWebHost.com reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. ChristianWebHost.com will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
System Resources
System abuse includes any use of ChristianWebHost.com resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space. Further, running programs in the background on a ChristianWebHost.com server without ChristianWebHost.com's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of ChristianWebHost.com's servers.
Privacy Policy
ChristianWebHost.com, Inc. respects the privacy of every individual who visits our websites. This privacy statement provides notice of the standards and terms under which ChristianWebHost.com protects the privacy of information supplied by visitors to sites on the World Wide Web that are owned and operated by ChristianWebHost.com, including http://www.ChristianWebHost.com and http://support.ChristianWebHost.com. This privacy statement provides notice of our information collection practices and of the ways in which your information may be used. This policy may change from time to time, so please check back periodically to review this information. This website is not directed at children under 18 years of age.
The Information We Collect
ChristianWebHost.com may collect personally identifiable information from Users in a variety of ways, including through online forms for ordering products and services, and other instances where Users are invited to volunteer such information. ChristianWebHost.com may also collect information about how Users use our website, for example, by tracking the number of unique views received by the pages of the website or the domains from which Users originate. We may use "cookies" to track how Users use our website. A cookie is a piece of software that a Web server can store on the Users' PC and use to identify the User should they visit the website again. While not all of the information that we collect from Users is personally identifiable, it may be associated with personally identifiable information that Users provide us through our website.
How We Use Information
ChristianWebHost.com may use personally identifiable information collected through our website to contact Users regarding products and services offered by ChristianWebHost.com and its trusted affiliates and otherwise to enhance Users' experience with ChristianWebHost.com and such affiliates. ChristianWebHost.com may also use information collected through our website for research regarding the effectiveness of the website and the marketing, advertising and sales efforts of ChristianWebHost.com.
Disclosure of Information
ChristianWebHost.com may disclose information collected from Users to trusted affiliates, who will use the information for the purposes outlined above. We may also disclose aggregate, anonymous data based on information collected from Users to investors and potential partners.
Maintenance of Information
Information about Users that is maintained on our systems is protected using industry standard security measures. However, we cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure.
Questions
Users may direct questions concerning this Privacy Policy by email to privacy@ChristianWebHost.com