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Terms and conditions

Terms of Service: Policies and Legal Information
Revision: June 25, 2013

By signing up with our services, you accept all these policies and rules. You understand that by following these rules, you will be able to get the most out of our provided services, and that by violating any of these policies you may have your account terminated.

1.1 Service

Extreme Hosting is pleased to offer all its customers great customer and technical support. In order for Extreme Hosting to continue to provide these great services, there has to be good communication and cooperation both from our side, as well as from customer's side. The following policies and rules, have been created in order for us to have good relations with the customer - and to keep the services running smoothly. By signing up with our services, you accept all these policies and rules. You understand that by following these rules, you will be able to get the most out of our provided services, and that by violating any of these policies can result in deactivation of your account.

2.1. Liability

The subscriber agrees to hold Extreme Hosting harmless from any claims resulting from the use of the service which damages the subscriber or any other party. Any and all material within a subscriber's account, is property and responsibility of that subscriber (unless the material is copyrighted, trademarked, etc...)
Extreme Hosting shall have no liability whatsoever for any direct, indirect, incidental, special or consequential damages or losses (including, without information, or any other pecuniary loss) of Client or Client's customers or suppliers that result from the use of inability to access the Site or from the services provided by Extreme Hosting, or as a result of any errors, omissions, interruptions, power failures, computer viruses, data damage, deletion of files, defects, delays in operation, delays or failures of transmission, or any other failure of performance.
In any event Client's recovery for any and all damages, losses and causes of action arising under this Agreement, whether in contract, tort or otherwise, shall not exceed the aggregate dollar amount paid by Client for the monthly service period during which the claim arose during the term of this Agreement.

In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever. Extreme Hosting will not be held liable for any content hosted by the customer. Customers take full liability for all content hosted within their accounts. Uploading illegal content may and will result in legal investigation. By signing up for Extreme Hosting services the customer agrees that he is fully responsible for all activities on their web space. Extreme Hosting shall not be held liable for any data loss that occured on it's servers. Customers are responsible for keeping a local backup of their website files and databases.

2.2. Adult Sites

Adult websites are welcome at Extreme Hosting. We will host any adult site as long as no child pornography, rape, incest or copyrighted materials are distributed.

2.3. Violating Material

If material is found within a subscriber's account, that is violating any of the policies and rules listed on this page, that subscriber will be held liable for the content.

3.1. Content

Any and all services provided by Extreme Hosting may be used for legal purposes only. This means, that illegal material is strongly prohibited. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State and/or City law, is prohibited. All content that we judge threatening or obscene, and/or material protected by trade secret and other statue can and will be reviewed by Extreme Hosting. Any material that fits into any of the above and below cases, can result in account deactivation.

3.2. Unacceptable Content

Extreme Hosting forbids any material that IS listed below. This includes links or any material referring to the following:
a. Pirated software.
b. Hackers material
c. Child pornography
d. Warez Sites (Cracks to licensed software for example)
e. Illegal audio/video (illegal mp3, illegal recorded samples)
f. Websites selling cigarettes, cigars, alcohol, medicines, drugs or drug analogs
g. Gambling websites
Extreme Hosting will be the sole arbiter as to what constitutes a violation of this provision. You will be notified in time, and you'll have to remove (censor) the material we'll point out, immediately. If Extreme Hosting will need to contact you more than 3 times about a violation caused by you, your account will be discontinued with no refund.

3.3. MP3 Distribution Sites

Extreme Hosting will not host any sites used for MP3 file trading through anonymous ftp or web.

5.1. IRC and IRC bots

We currently do not allow IRC or IRC bots to be operated on our servers, sorry. These tend to be huge system resource hogs and are usually a cause for spam compaints.

5.2. Web proxy scripts

Web proxy scripts are not allowed on our servers in any form.

6.1. Crontabs

Crontabs are allowed as long as they are not abusing the server by any means.

7.1. Spam - Commercial Advertising Email

As long as multiple recipients haven't agreed to be on your mailing list, then spamming, or sending unsolicited email, from a Extreme Hosting server or using an e-mail address that is maintained on an Extreme Hosting machine OR advertising a site hosted on an Extreme Hosting server is STRICTLY prohibited. Extreme Hosting scans the system and will be the sole arbiter as to what constitutes a violation of this provision.

8.1. Server Usage

Many things can slow down a server. In order to guarantee the fastest possible connections, we need to monitor our servers for processes that overload them. Any party that slows our servers down, can and will be notified. Extreme Hosting reserves the right to kill any process (i.e. end a software's execution) that is overloading a server, or slowing it down heavily. Each account is allowed to use a fair portion of the server's Cpu time and Ram memory. We stick to the 60 minute rule, which means that each shared hosting account may not use more than 60 minutes of Cpu time per day. Accounts that generate more than 60 minutes of Cpu usage per day will be notified and asked to optimize their website performance to fit under 60 minutes or upgrade to a managed dedicated server with no Cpu limitations. We reserve the right to refuse shared hosting service to websites that slow down our shared hosting servers heavily or fail to fit under 60 minutes of Cpu time. Customers that fail to optimize their websites and continue to use more than 60 minutes of Cpu time per day on a shared hosting server will have their accounts discontinued after a notice has been sent. In addition, each web hosting account is not allowed to use more than 20% of the system's total CPU resource in a given 5 minute period. Accounts that exceed this limit will be automatically suspended for the next 5 minute period in order to prevent system overload.

MySQL - each web hosting account is not allowed to have more than 25 simultaneous MySQL connections.

Inodes - a single account may not use more than 250000 inodes. Accounts that are using more than 250000 inodes will be warned and if they fail to go below the limit or upgrade to a dedicated server will be suspended after a notice. An Inode refers to a file or a directory, not the actual size of the file or directory. In other words this means that you may not host more than 250000 files or directories. We force this restriction due to Inode abuse which often results in HDD failures affecting the whole shared hosting servers. In addition, all accounts using more than 100000 inodes are automatically excluded from our off-site backup.

Disk space - Accounts at Extreme Hosting may be used for hosting websites only. This means that you may not:
- upload content which you are not the owner of the copyrights
- use your account for file upload/sharing, backup purposes, archive, mirroring, file distrubution.
- store files with the only purpose to take up disk space.
- store files that are not part of your website. This includes but is not limited to: backups, archive files, site mirrors, avi/wmv or any other files that are not considered to be website content.
- use your account for transport point via ftp or http for transferring files to 3rd parties.
Extreme Hosting is a web hosting provider, not a storage space provider. This means that you may not use your account for storing archive files, backups, audio and video files that are not part of your website. Any content that is not part of your website must not exceed more than 20% of the account's total disk space. Any files that are not html, php, images, icons or flash files are considered not to be website content. Certain limitations are forced to ensure proper distribution of system resources between shared hosting accounts. Audio and video files must not exceed more than 20% of total disk space assigned to a given hosting account. Accounts violating this provision will be notified and may get suspended if they fail to optimize their usage. Managed dedicated server accounts have no restrictions. Extreme Hosting will be the sole arbiter as to what constitutes a violation of any of these provisions.

8.2. Server Abuse

Any attempts to undermine or cause harm to a Extreme Hosting server or customer of Extreme Hosting is strictly prohibited, and is followed by deactivation of account with no refund.

8.3. Traffic usage

All customers who exceed their traffic would have their accounts automatically suspended. A short e-mail reminder notice will be sent when traffic usage reaches 90% and 100% after which the account would be deactivated. Failure to receive this notification would not be considered as a reason for complaint. Extreme Hosting is not responsible for any loses users may have because of automatic site deactivation. It is customer's responsibility to monitor regularly his/her site bandwidth usage through the control panel. Unused traffic (including additional traffic) is not carried over into a new period.

8.4. Additional traffic

Additional traffic that has not been consumed during the current pay period will not be carried for the next pay period.

8.5. Backups

Customers are responsible for backups of their data. We create a backup copy of customer files every 24 hours and we only keep the newest backup. Any file that is bigger than 500MB is excluded from the backup.

9.1. Refunds

In order for a customer to be eligible for a refund, no policy violations may have been made by the customer.

9.2. Acceptable Refunds

All refunds requested with a valid complaint will get a refund of the month's hosting. A valid complaint is determined by Extreme Hosting. These include but are not limited to:
If customer can support or prove his or her complaint in a valid manner
Extreme Hosting overcharged credit card

Domain name registrations are non-refundable.

9.3. Unacceptable Complaints for Refund

Some customers will request refunds, whereas their reasons are not valid. These include, but are not limited to:
Slow connection caused by client's ISP/network
Client's ignorance and/or negligence
Nonpayment for service by customer

9.4. Amounts paid to the Account Wallet by the customer are non-refundable. This includes any remaining balance after charges have been made to the Wallet system.

10.1. Payments

Upon signup each user is assigned an internal payment account called Wallet. Initially the Wallet would have zero ($0.00) balance. All recurring charges are attached to the Wallet, not to the credit card of the user. It is customer's responsibility to ensure that the Wallet contains sufficient amount to cover upcoming payments. Users that do not have enough funds on their Wallet account will receive an automatic e-mail reminder. Failure to rebill next month fee would result in immediate account suspension. Suspended accounts would be kept 1 month. Exceptions may apply.

10.2. Domain name registrations

If a customer registers domain name through Extreme Hosting then he/she authorizes Extreme Hosting to register the name using his/her contact information provided during signup. Domain name registrations are final and are not subject to refund.

11.1. Violations

If a serious violation of any policy, warning and/or rule has been committed, Extreme Hosting reserves the right to block a user from hosting services for a lifetime, with no refund.

12.1. Unlimited packages

Unlimited packages offered by Extreme Hosting are not metered in disk space and bandwidth, but this does not mean that they offer an infinite resouce. Those packages must still comply with all other account usage limitations. In addition, a reasonable amount of disk space and monthly traffic may be used. Unlimited packages may not be used for storing backups or other files with the single purpose to simply take disk space. Unlimited packages may not be used for file sharing or direct downloads. Accounts that are found to be overloading our servers or violating our terms and conditons will be warned and may get suspended with or without prior notice.

If any terms or conditions are failed to be followed, it will result in grounds for account deactivation.

Any contents on this page is subject to change without prior notice. Customer is responsible for regularly reviewing these Rules and Regulations (policies). Continued use of Extreme Hosting services following any such changes shall constitute the Customer's acceptance of such changes

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