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Heath Media Designs | Terms of Service    -  Heath Media Designs

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Terms of Service

You must agree to the below terms of service before you can create your Heath Media Designs Web Hosting account. Our shopping cart will not permit you to make any purchases unless you agree to the below terms of service.

Our terms of service (TOS) are designed to provided to our customers a clear and transparent understanding of what we expect of them while they are using our service(s). The use of Heath Media Designs service(s) represents your acceptance and agreement to Heath Media Designs’s (TOS), regardless of whether you have read them or not.

We accept your use of our service(s); therefore we do not actively monitor your accounts activity under normal conditions. Furthermore, we do not implement editorial control over the content of any Web site. This includes e-mail sending, newsgroup or other material created or available over or through the services, except for certain proprietary Web sites. However, in accordance with our (TOS), we hold full authority to remove any materials that, in our individual judgment, may be illegal, may subject us to liability or which may violate our (TOS). Heath Media Designs reserves the right to oblige with legal establishment and/or third parties in the examination of any suspected or alleged crime or civil wrongdoing. Violation of our (TOS) may result in the suspension or immediate termination of your Heath Media Designs Hosting account and/or services.

We do not routinely monitor the activity of accounts except for measurements of system exploitation, possible security or fraud risks and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet society, we will respond appropriately if we become aware of improper use of our service.

If a Heath Media Designs Web Hosting account is used to violate our (TOS) we reserve the right to cease your service without notice. We prefer to advise customers of inapt activities and any necessary corrective action. However, blatant violations of the (TOS) will result in instantaneous termination of service. Our failure to implement this policy, for whatever reason, shall not be interpreted as a waiver of our right to do so at any time.

As a member of our hosting community, you must use your hosting account access ethically and responsibly.

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) in case of fraud. All new orders are usually activated within 24 hours. If you have not been activated within this time frame, please click here to contact us.

2) Content & Activities

All services provided by Heath Media Designs Web Hosting may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene. The customer agrees to indemnify and hold harmless Heath Media Designs from any claims resulting from the use of our services.

Examples of Totally Unacceptable material:

IRC Bots.
Warez Sites.
MP3′s (unless You are the Artist).
Password sharing sites.
Sites that run any type of proxy script.
Pirated Software.
Hacked programs and archives.

2.1) Distribution of Malicious Code:

Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data and/or computer systems are prohibited. Examples of this are computer viruses, Trojan-horse programs and Internet-based worms. Such an offense will result in the immediate termination of the offending account.

2.2) Infringement

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. It is not permitted to use of the Heath Media Designs 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.

2.3) File Hosting

File hosting and file storage of any type is strictly prohibited on any and all servers within the Heath Media Designs Web Hosting network. You MAY NOT use your Heath Media Designs account as a download or file storage repository. Our services are strictly offered for website hosting only. This does NOT mean that you can not have downloads on your site. This means you can not operate a site that specializes in downloads like Download.com or similar and you may not use your Heath Media Designs account as storage repository for MP3, games, video, audio or music files. Your account may not exceed 10% of used space in MP3, games, video, audio or music files.

2.4) Adult Sites

Due to various legal and moral implications. Heath Media Designs does not permit sexually explicit material on any of its servers.

3) Spam / Email Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double Opt-in” will be treated as spam. Any user who sends out spam will have their account terminated without notice.

Heath Media Designs Web Hosting reserves 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. Heath Media Designs also reserves the right to make any such modifications in an emergency at our sole discretion.

Heath Media Designs reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Heath Media Designs.

Bulk Email / Mass Email scripts of any type are not permitted on any Heath Media Designs server. The send mail rate on all Heath Media Designs servers is capped at 200 emails per hour per account, any more than this will be bounced back to the sender. If you require more than this, please open a support ticket stating the reason why the 200 limit should be raised on your account and the EXACT source of your mailing list.

3.1) Usenet Spamming

Heath Media Designs Web Hosting has a zero tolerance policy for the use of its servers for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

4) Payment Information

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

5) Backups and Data Loss

Your use of the Heath Media Designs Web Hosting service is at your sole risk. Heath Media Designs is not responsible for any and all files and data residing on your account on our servers. Heath Media Designs does not maintain backup copies of customers web sites or e-mail. Heath Media Designs cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a web site will always be available. You agree to take full and sole responsibility for any and all files and data transferred to our servers and to maintain all appropriate backups of any any and all files and data stored on any Heath Media Designs server to which you have an account on.

5.1) Termination of Data

For your privacy, all data and files from terminated and cancelled accounts are immediately deleted and purged from our servers. This includes any and all back ups. Please make sure to back up all your files and data before canceling your Heath Media Designs account.

5.2) Emergencies and Special Situations

We reserve the right to take any proactive steps we deem necessary to maintain the security, connectivity, performance and services of our network, infrastructure and customers, including but not limited to actions requiring us to deactivate web sites, shut down our network, or review the content on web sites to evaluate the reason for perceived behaviors. In rare instances, we may need to completely delete a web site or account because of some significant failure, security breach or other emergency. In such cases, we do our best to backup a deleted web site, but we cannot ever guarantee a full restore of a web site.

5.3) Account Security

Misuse of your account is your sole responsibility, even if your friends, family member, guest, or employee committed the activity. Henceforth, you must take actions to ensure that others do not gain access, which you do not approve of, 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.

Your password provides access to your account. It is your responsibility to keep your password secure. We are not responsible for ANY misuse of your account due to the authorized or unauthorized distribution of your password.

Sharing your password and account access with unauthorized users is prohibited. You should take precautions to prevent others from using your account since you will be held responsible for such use.

Attempting to obtain another user’s account password is strictly prohibited and may result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

Users who violate systems or network security may incur unlawful or civil liability. Heath Media Designs will oblige fully with examinations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

6) Cancellation and Refund Policy

Heath Media Designs does not have a refund policy and does not offer a money back guarantee of any type. all sales are considered final. We do not prorate any part of our billing fees for any unused time.

You may cancel your Heath Media Designs account at any time you desire. Click Here to submit a cancellation request to our customer support help desk.

If you cancel your Heath Media Designs account you are entitled to keep the domain that we have registered for you on your behalf. We will also transfer it to any web hosting company or domain registrar of your choice completely free of charge.

If you joined Heath Media Designs via the yearly payment option and you cancel before the year has expired. Your Heath Media Designs account will remain active until exactly 365 days have passed from the date of your last yearly Payment. After which it will be terminated unless you renew your billing before the 365 days has expired.

If you joined Heath Media Designs via the monthly payment option. Your account will be terminated 30 days after your last payment was received by Heath Media Designs.

Heath Media Designs will treat all files and data of terminated accounts exactly as outlined in the above clause 5.1.

6.1) Cancellation for lack of payment

Any account that has unpaid invoices that are more than 3 days outstanding may be terminated at any time without notice. Before Heath Media Designs will terminate any account for lack of payment. Heath Media Designs will send no less than 2 payment request emails to the account holder. Heath Media Designs will treat all files and data of terminated accounts exactly as outlined in the above clause 5.1.

7) Refusal of Service

Heath Media Designs reserves the right to refuse service at its discretion. Also Heath Media Designs reserve the right to cancel, suspend or terminate any account at anytime as it sees fit. Heath Media Designs will treat all files and data of terminated accounts exactly as outlined in the above clause 5.1.

Domain Names

All Domain name

8.1) Domain Name Transfer

All Heath Media Designs customers are entitled to one free domain transfer or one free domain name as stated in the below (8.2) per web hosting account.

8.2) Heath Media Designs’s Domain Name Transfer Away Policy

You may transfer away from Heath Media Designs any domain name that you have purchased via the Heath Media Designs online ordering system to any other web hosting company or domain registrar at any time you desire providing the domain name is fully paid up, has not been refunded, has not been charged back and does not have any active or outstanding invoices due and is not in redemption.

9) Search Engine Submission

Heath Media Designs will provide assistance with search engine submission to the following search engines: Google, Yahoo and Bing.

When your website is complete, you must open support ticket and request the above mentioned service.

10) Resource Usage

Users may not initiate the following:

a) Use 5% or more of system resources (This included CPU and memory) There
are numerous activities that could cause such problems; these include: CGI
scripts, FTP, PHP, HTTP, etc. If this clause is breached it will trigger an auto
kill failsafe mechanism on the server which will auto suspend the violating
account.

b) Run any type of interactive real-time chat applications that require server
resources. Remotely-hosted services are permitted.

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) Offer services to third parties that are run off of Heath Media Designs’s servers.

f) Run any gaming servers or games scripts for single or multi player games.

g) Run an email server offering free or paid email accounts to the general public.
Example: Hotmail, Yahoo Mail, GMail ,etc…

H) Operate a online radio and or movie service that uses our servers.

11) Bandwidth Usage

You are allocated an unlimited monthly bandwidth allowance.

11.1) Account Usage (Domain Names)

Heath Media Designs’s standard web hosting offer (permits) you to host unlimited domain names under a single account with a single control panel.

This means that your account has one master domain name and all additional domain names are considered add-on domains. All your domain names must be administered from a single control panel. Only one control panel is allowed per account.

You are not permitted to…

a) Resell web hosting space. (This is not a reseller account)
b) Create accounts for third parties. All domain names that are in your control
panel must be under your direct control and administration. You are not
permitted to create accounts for third parties on you account.
c) Have multiple control panels (CPanel’s) or (WHM) Web Hosting Manager on
a standard account.

11.2) Customer Knowledge & Responsibilities

Use of Heath Media Designs’s web hosting services requires a certain level of knowledge in the use of certain internet languages, slang, jargon, terminology, protocols, software, ETC… The level of knowledge customer required to have varies greatly and depends on the customers anticipated use and desired content and functionality of his/hers website. The customer agrees that he/she has the necessary knowledge to create his/hers website with the desired content, look and functionality. The customer agrees that if customer does not have the knoweledge or experience to build a website, customer will give the responsibility to Heath Media Designs to provide this knowledge or to create, design, program or help in the designing, creation, programming or publishing of the customers website.

11.3) SSH, Root and Shell Access

We do not permit Shell, Telnet, SSH or root access to any of our servers.

12) Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Heath Media Designs, and the right to increase the amount of resources given to plans at any time.

12.1) Auto Rebilling

For your convenience your account with Heath Media Designs will automatically receive an invoice on a monthly, annually or tri-annual basis, (depending on which billing package you have selected at time of purchase). If you do not want your account to be billed, you must notify us at least 2 calendar days (48 hours) before the date of the most current bill is due. Failure on your part to notify us of your desire not to be billed, will result in your account being billed and you agree to hold harmless and indemnify Heath Media Designs from any and all claims of wrongful billing.

13) Indemnification

13a) Customer agrees that it shall defend, indemnify, save and hold Heath Media Designs harmless from any and all demands, liabilities, losses, costs and claims, including any and all attorney’s fees asserted against Heath Media Designs, my resources, other customers, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, my resources. Customer agrees to defend, indemnify and hold harmless Heath Media Designs against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Heath Media Designs; (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 from a Heath Media Designs server.

13b) IF LAWSUIT(S) ARE THREATENED AGAINST HEATH MEDIA DESIGNS. If I am sued or threatened with lawsuit in connection with Service(s) provided to you, I may turn to you to indemnify me and to hold me harmless from the claims and expenses (including attorney’s fees and court costs). Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate our services for a failure to make or renew such a deposit. We will return any unused deposit upon the later of one year from deposit or the conclusion of the matter.

14) Disclaimer

Heath Media Designs will not be responsible for any damages you or your business may suffer. Heath Media Designs makes no warranties of any kind, expressed or implied for services we provide. Heath Media Designs disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, hardware and software failures, hacking, sabotage, terrorist attacks, wrong delivery, Force Majore and any and all service interruptions caused by Heath Media Designs.

15) Changes to the (TOS)

Heath Media Designs reserves the right to revise, alter and update the above (TOS) without notice at anytime at its sole discretion and can apply any and all changes and updates retroactively.