This Web Hosting Agreement ("Agreement") is between 859Compute ("859Compute"), and the person (individual or legal person) whose signs 859Compute's service order and set up form (the "Order") incorporating this Agreement by reference ("Customer"). This Agreement governs Customer's use of 859Compute's Web hosting service. PLEASE READ THIS AGREEMENT CAREFULLY. BY AGREEING TO OUR TERMS OF SERVICE AND ACCEPTABLE USE POLICY ON THE ACCOUNT SIGNUP FORM, SIGNING UP, COMMUNICATING WITH US, PAYING FOR AND/OR USING OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY THE CONDITIONS AND TERMS OF THIS AGREEMENT, OUR ACCEPTABLE USE POLICY, AND OUR PRIVACY POLICY. Table of Contents Account Setup Transfers Abuse & Prohibited Use Payment Information Cancellations Money Back Guarantee CPU Usage Bandwidth and Disk Usage Back Up & Data Loss Reseller Client Responsibility Shared (non-reseller accounts) / Semi Dedicated Servers Dedicated Servers Uptime Guarantee Right To Refusal Without Cause Indemnification Arbitration Disclosure To Law Enforcement Disclaimer Copyright Policy Changes To The Terms of Service Account Setup We will setup your account after we have received payment. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied. Transfers Our transfers team will make every effort to help you move your site to us, however, we cannot make guarantees of the transfer process. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host. Abuse & Prohibited Use 859Compute reserves the right to decide as to what constitutes as abuse and any material not mentioned below is left entirely up to the discretion of the 859Compute staff. Abuse can include, but is not limited to the following offenses: A) Any attempts to compromise or actual compromise of a network device belonging to 859Compute or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service. B) Denial of Service attacks directed at us, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service. C) Sending unsolicited email, newsgroup postings, chain letters or anything else that could be considered as "spam", is strictly prohibited. The gathering of email addresses to be used for sending unsolicited email on a 3rd party service "harvesting" is also prohibited and may result in termination of service. D) The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered "warez". Any DMCA complaint received will be investigated and may result in termination of service. E) The hosting of material which is considered to be illegal in Canada and the United States of America is strictly prohibited. This includes child pornography, bestiality, hate speech, online casinos, scam sites, phishing sites and any other material which is deemed illegal. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service. F) Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits, exploit source code, hacking tutorials, hacking tools, viruses and trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service. G) The use of IRC software, Bit Torrent software, Proxy software, and automated "bots" is strictly prohibited. The use of some forums and any other multi-user chat software which could create a high load on our servers, disrupt other users, and/or attract Denial of Service attacks is also prohibited. 859Compute will deal with any of these issues on a case by case basis, and will attempt to work with client to resolve the issue to both parties satisfaction. H) Pornographic material is strictly prohibited due to the number of unauthorized attempts to compromise security and gain illegal access to our servers. Adult related material that is deemed "non-pornographic" is allowed. I) Hosting video publishing and/or video sharing websites is also prohibited. These sites create tremendous load on servers and it is recommended to have a VPS or private server. J) Proxy Servers are prohibited. This includes, but is not limited to, SOCKS proxies, Squid proxies, Bittorrent Proxies, Tor, and any CGI or PHP proxy scripts. Please note that any violation(s) could lead to a simple warning, temporary suspension of service, and or termination of clients account(s) without warning and without refund. In the event that an illegal act has been performed, local and/or federal authorities may be notified. Payment Information You agree to supply appropriate payment for the services received from 859Compute, in advance of the time period during which such services are provided. You agree that until and unless you notify 859Compute of your desire to cancel any or all services received, those services will be billed on a recurring basis. As a client of 859Compute, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. 859Compute provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact PreSales@859Compute.com. 859Compute reserves the right to change the monthly payment amount and any other charges at anytime. Cancellations Customer is free to cancel their account at any time by emailing sales@859Compute.com, with their account information. Similarly, 859Compute reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the AUP. Money Back Guarantee If an account with a seven (7) day money-back guarantee is purchased and canceled within seven (7) days of sign up, the Customer will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Billing Team. Refunds made for a seven (7) day money-back guarantee will not include dedicated servers, domain registration fees, setup fees, or any fees for additional services that are purchased in the first seven (7) days. Money back guarantee only applicable to those products and services that specified with this offer. Any other products or services with no specification in money back guarantee are not entitling to any money back or refund. Under the money back guarantee, only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. 859Compute reserves the right to determine the definition of first-time account. Violations of the Terms of Service will waive the refund policy. CPU Usage User agrees that User shall not use excessive amounts of CPU processing on any of 859Compute's servers. Any violation of this policy may result in corrective action by 859Compute, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in 859Compute's sole and absolute discretion. If 859Compute takes any corrective action under this section, User shall not be entitled to a refund of any fees paid in advance prior to such action. Bandwidth and Disk Usage 859Compute provides Users with bandwidth, disk space and other resources, such as e-mail and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in 859Compute's web pages describing the package of Services purchased at the time of purchase. In some cases, 859Compute may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as "Unlimited". In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. 859Compute reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User's plan. User agrees that such usage shall not exceed the amounts set by 859Compute for the Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by 859Compute as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User's active electronic mail services related solely to User's web hosting account(s) with 859Compute. User will be billed for amounts exceeding bandwidth and disk space allotments generally at .0017 per mb. Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion. 859Compute will monitor User's use of bandwidth, disk usage and other resources. 859Compute, in its sole discretion, shall have the right to take any corrective action if User's utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, normal usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User's Web site, User Content, User's electronic mail and e-mail services and/or other materials and services or termination the User's account and of this Agreement, which actions may be taken in 859Compute's sole and absolute discretion. If 859Compute takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User's Web site, User Content and/or User's electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes. User may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, gambling, obscene materials or any other products or services that are prohibited under applicable law; the Services to export encryption software to points outside the United States in violation of applicable export control laws; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If 859Compute learns or discovers that User is violating any law related to User's Web site, User Content and/or User's electronic mail services, use of bandwidth, disk usage or other resources or Agreed Usage, 859Compute may be obligated to or may in its discretion inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User's Web site, User Content and/or User's electronic mail. User is responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure the Web site does not violate such requirements or exceed any such limits allocated for the account(s) and otherwise complies with this Agreement. 859Compute will use commercially reasonable efforts to e-mail Users who are at or near their utilization limits, but 859Compute does not take responsibility if e-mail notification(s) is not received by the User. 859Compute reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the any such allotment. Back Up & Data Loss Customer agrees to maintain a current copy of all content hosted by 859Compute notwithstanding any agreement by 859Compute to provide backup services. Reseller Client Responsibility Resellers are responsible for supporting their clients. 859Compute does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. 859Compute will hold any reseller responsible for any of their clients’ actions that violate the law or the terms of service. Shared (non-reseller accounts) / Semi Dedicated Servers Shared accounts may not resell web hosting to other people. If you wish to resell hosting you must use a reseller account. Semi dedicated servers are not backed up. You must maintain your own backups. Dedicated Servers 859Compute reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. 859Compute reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact Sales@859Compute.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups. Uptime Guarantee 859Compute strives to maintain a 99% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by 859Compute monitoring systems or 859Compute authorized/contracted outside monitoring services. If 859Compute fails to meet its 99% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. A breakdown of how credits are issued are as follows: 95%-98% uptime results in a 15% credit of the monthly fee. 90%-94% uptime results in a 25% credit of the monthly fee. 89% uptime or below results in a 100% credit of the monthly fee. Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the 859Compute network caused by or associated with: A) Scheduled maintenance for hardware/software upgrades B) Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). 859Compute utilizes only name brand hardware of the highest quality and performance. C) DNS issues not within the direct control of 859Compute Right To Refusal Without Cause 859Compute may refuse to accept any customer or any website for participation in the 859Compute network as determined by 859Compute at its sole discretion. Indemnification Customer agrees that it shall defend, indemnify, save and hold 859Compute harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against 859Compute, 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 859Compute against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with 859Compute; (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 859Compute's server. Arbitration By using any 859Compute services, you agree to binding arbitration. If any disputes or claims arise against 859Compute or its subsidiaries, such disputes will be handled by an arbitrator of 859Compute 's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration. Disclosure To Law Enforcement 859Compute may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies. Disclaimer 859Compute will not be responsible for any damages your business may suffer. 859Compute makes no warranties of any kind, expressed or implied for services we provide. 859Compute disclaims 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 859Compute and its employees. Copyright Policy All content on this website is Copyright © 859Compute and may not be reproduced without express written consent. All logos, trademarks and/or service marks are the property of 859Compute. Changes To The Terms of Service 859Compute reserves the right to revise its policies at any time without notice.