Hosting Terms of Service 

This document sets forth the principles, guidelines and requirements governing the Customer, Client, or Subscriber’s use of HostingWithMyrtle.com’s services and products.  HostingWithMyrtle.com reserves the right to impose reasonable rules and regulations regarding its services and reserves the right to modify the terms and conditions at any time. The use of services and products from HostingWithMyrtle.com constitutes acceptance of these terms.

Parties to the Terms of Service Agreement 

Customers, Clients or Subscribers, collectively referred to herein as “Customer,” are parties to this agreement.  This website, HostingWithMyrtle.com, and its owners and/or operators, herein referred to as “HWM,” are parties to this agreement. 

Consent

If  Customer is an individual, Customer represents and warrants that he is at least 18 years old and legally competent to enter into, accept and be bound by the Terms of this agreement.  If Customer is a corporation, limited liability corporation (LLC), partnership, or other legal entity, Customer represents and warrants that he is the legal agent of said entity, and possesses the legal authority to enter into, accept and be bound by the Terms of this agreement. 

Account Payment Policies 

Customer agrees to pay for hosting services in advance of each billing service period.  Customer agrees that if a credit card is used, accounts renew automatically unless otherwise indicated. 

Customer agrees to be bound by the service term selected on the order form. 

Customer agrees that it is Customer’s responsibility to ensure that Customer’s payment information is up to date, and that all invoices are paid on time.  HWM provides a 10-day grace period from the time the invoice is due to the date it must be paid.  Any invoice that is overdue for more than 10 days will result in a $10 late fee and/or account suspension until the account balance is paid in full.  

HWM reserves the right to change the monthly payment amount and any other charges at any time.  

Cancellations and Refunds 

Customers may cancel at any time by submitting an online cancellation form.  A cancellation confirmation will be sent to the primary e-mail address on the account.  Customer’s account cancellation is not complete until Customer receives a confirmation e-mail.  Customer is liable for all products and services rendered and billed until the account is cancelled. 

HWM gives an unconditional 45-day money-back guarantee when account is initially setup.  Violation of the terms of service will waive the refund policy. 

No refund will be issued for any disruption in service resulting from policy violations. 

Content 

All services provided by HWM may only be used for lawful purposes.  The laws of the State of Florida and the United States of America apply.  

Customer shall not post, transmit, or store data or material which, in the sole judgment of HWM is (1) in violation of any relevant law, regulation, ordinance or court order; (2) threatening, obscene, indecent, defamatory or otherwise could adversely affect any individual, group or entity; or (3) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the services. 

HWM reserves the right to refuse service to any Customer.  

Any material that, in HWM’s judgment, is obscene or threatening is prohibited and will be removed from servers with or without notice.

Failure to respond to e-mail from HWM’s abuse department within 48 hours may result in the suspension or termination of Customer’s services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours. 

If Customer is in doubt about the acceptability of his site or service, he should contact HWM at abuse_[at]hostingwithmyrtle.com for assistance. 

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography.  Any site found to host child pornography or linking to child pornography will be terminated immediately without notice.  Violations will be reported to the appropriate law enforcement agency. 

Unless Customer’s account is under the sole management of HWM, HWM is not responsible for files and/or data residing in Customer’s account.  Customer agrees to take full responsibility for files and data transferred; and to maintain all appropriate backup files and data stored on HWM’s servers. 

Customer is responsible for maintaining the confidentiality of his accounts and passwords and for restricting access to his computers, and agree to accept responsibility for all activities that occur under his accounts or passwords. 

System and Network Security 

Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. HWM investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected. System or network security violations include, but are not limited to, (1) introducing malicious programs into the network or server, such as viruses, worms, Trojan Horses, key loggers, and other executables intended to inflict harm; (2) executing any form of network activity that will intercept data not intended for the Customer's server; (3) circumventing user authentication or security of any host, network or account, including “cracking” or “hacking;” and (4) effecting security breaches or disruptions of internet communication and/or connectivity, including, without limitation, accessing of data not intended for the Customer or logging into a server or account that the Customer is not expressly authorized to access.  Disruption includes, but is not limited to, port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information. 

E-mail Policy 

HWM has a zero-tolerance policy on the sending of unsolicited e-mail, junk e-mailing, and spam. Sites advertised via SPAM may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO  may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. 

HWM reserves the right to require changes or disable as necessary any website, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. 

HWM reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee.  The cost of the clean-up is entirely at the discretion of HWM. 

Resources 

Customer is allocated a monthly bandwidth allowance. This allowance varies depending on the hosting plan purchased.  Should Customer’s account pass the allocated amount, HWM reserves the right to suspend the account until the start of the next allocation period, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until Customer upgrades to a higher hosting plan level, terminate the account and/or charge an additional fee for the overages.  Unused transfer in one month cannot be carried over to the next month.  

Suspension and Termination 

A ccounts may be suspended or terminated for reasons including, but not limited to, the following: 

·          email abuse complaints 

·          discovery of prohibited content within the account 

·          non-payment 

·          exceeding the allocated bandwidth 

·          request from a duly empowered third party such as law 

        enforcement or a court order 

HWM reserves the right to suspend or terminate service immediately, without notice, to any Customer who, in the sole judgment of HWM, violates any condition of service in this Terms of Service policy.  

Activity which results in suspension and subsequent deactivation/termination of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be grounds for suspension.

Disclosure to Law Enforcement
HWM may disclose any Customer information to law enforcement agencies without further consent or notification to the Customer upon lawful request from such agencies. HWM will cooperate fully with law enforcement agencies.

Refusal of Service 
HWM reserves the right to refuse, cancel, or suspend service at its sole discretion to any prospective or existing Customer.

Disclaimer  

HWM does not warrant that Customer’s site will be available at all times.  HWM will make every effort to ensure the maximum uptime possible.  However, HWM cannot accept liability for any downtime suffered by Customer.  HWM will not be responsible for any damages that Customer’s business may suffer.   

HWM makes no warranties of any kind, expressed or implied, for services it provides.  HWM 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 HWM.  By accepting these terms and conditions, Customer releases HWM from any such liability. 

Indemnification 
Customer agrees that it shall defend, indemnify, save and hold HWM harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney fees asserted against HWM, 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 HWM against liabilities arising out of (1) any injury to person or property caused by any products sold or otherwise distributed in connection with HWM; (2) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; (3) any defective products sold to customers from HWM's server; and (4) copyright infringement. 

Submissions 

Customer agrees that any communication between Customer and HWM is deemed a submission.  All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of HWM and may be used, without further permission, for commercial use without additional consideration of any kind.  Customer agrees to only communicate that information to HWM, which it wishes to forever allow HWM to use in any manner as it sees fit.  "Submissions" is also a provision of the Privacy Policy. 

Notice 

HWM reserves the right to revise its policies at any time without notice. Customer’s use of any HWM service or product after changes to these terms are posted on HWM, shall constitute Customer’s acceptance of all such changes.

Disputes 
By using any HWM services, Customer agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to a purchase, a product, including solicitation issues, privacy issues, and terms of service issues.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in West Palm Beach, Palm Beach County, Florida.

In no case shall the Customer have the right to go to court or have a jury trial. Customer shall not have the right to engage in pre-trial discovery except as provided in the rules; Customer shall not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute in arbitration, including attorney fees, collection fees, investigation fees, and travel expenses. 

 
Jurisdiction and Venue
If any matter concerning this agreement shall be brought before a court of law, pre- or post-arbitration, Customer agrees that the sole and proper jurisdiction is to be West Palm Beach, Palm Beach County, Florida. In the event of litigation in a federal court, the proper court shall be the closest federal court to HWM's address.

Enforceability of Provisions
If any part of this Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.

CONTACT INFORMATION 

Sanders Customer Support Center
Myrtle Sanders - Owner
www.hostingwithmyrtle.com
P.O. Box 3322
West Palm Beach, Florida 33402


Last Updated: September 5, 2015