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TERMS OF SERVICE

This Terms of Service Agreement (TOS) is a formal and legally binding agreement between RelyHost.com (we, RelyHost.com) and You, the service user (you, Subscriber). Use of our service constitutes acceptance and agreement to the TOS in full.

All users of RelyHost.com services, and all customers upon signing up for RelyHost.com services, agree to comply with RelyHost.com's Terms of Service (TOS). The purpose of our TOS is to ensure customers are using our services with due regard to the rights of other Internet users and in compliance with the requirements of RelyHost.com's network environment. RelyHost.com reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to the www.RelyHost.com website or notification of the modified TOS. Any complaints about a customer's violation of the TOS should be sent to abuse@RelyHost.com. This TOS supersedes any other agreement with RelyHost.com or it's owners; written, oral, by conduct, or otherwise.

Violation of these policies may result in the suspension or termination of your account. RelyHost.com shall not be held liable for any refunds, damages or data loss if your account is terminated for TOS violations. No Modifications of this contract by customer is allowed.

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. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under in order ensure proper delivery of notifications. Setup is usually within 4 hours but if manual verification is needed, setup may take up to 24 hours.

2.) Content
All services provided by RelyHost.com may only be used for lawful purposes. Examples of unacceptable content include, but are not limited to: copyrighted material, material we judge to be threatening or obscene, illegal pornography, dangerous or unsecured scripts. The customer agrees to indemnify and hold harmless RelyHost.com from any claims resulting from the use of our services. DDoS attacks or any other attacks launched from within our servers or against our servers may result in your account being terminated. Determination is at RelyHost.com's sole discretion.
The following content types are not allowed on our servers: cracked/pirated software, illegal mp3s, virus/trojans (nor can you link to it). No illegal pornography (eg. kiddy porn), warez sites, IRC bots, hack programs, hack archives, game servers, adult sites, heavy CPU Usage and Resources Sites and audio, video, and software downloading websites; audio or video streaming websites. Any user in violation of this policy will have their site suspended and asked to remove it. Failure to do so will result in account termination. Ultimately you, the client, are solely responsible for the content stored on your RelyHost hosting account.

Forbidden | Unacceptable Content

*Heavy CPU Usage and Resources Sites.
*Scripts that are resource hogs and prone to being hacked.
*Paid-to-read, paid-to-surf, paid-to-promote, hyip programs, pyramid schemes etc.
*Any type of discussion forum
*Photos or Images of which you do not own the copyright.
*Cracked/Pirated software, and material that violates copyright laws.
*Hate, Threatening or Obscene sites (At RelyHost's sole discretion).
*Egg drops, Torrents, Virus/Trojans (nor can you link to them), IRC, Hack Programs, Hack Archives.
*No Gamer/Gaming related sites.
*XXX Sites
*Illegal MP3s or AVIs.
*Download Sites
*Anime theme or related sites.
*Linking to unacceptable material as provided in this TOS.

We reserve the right to suspend any anime, gamer related or other site that violates our TOS without prior notice. Account termination for TOS violation negates any refund for unused time.

3.) Payment Information
You agree to supply appropriate payment for the services received from RelyHost.com, in advance of the time period during which such services are provided. You agree that until and unless you notify RelyHost.com of your desire to cancel any or all services received, those services may be billed on a recurring basis. RelyHost.com reserves the right to adjust pricing plans and optional fees. There is a 24 hour grace period on payments. Your account is in risk of suspension if payment is not received by 12:01am the day after your account is due.

Late Payments:
There is a 24 hour grace period on payments. Your account is in risk of suspension if payment is not received by 12:01am the day after your account is due. Any account more than 7 days past due is subject to a 2% late fee per month. Accounts 30 days past due will be automatically terminated and deleted from our servers without any notice.

4.) Email Policy and Zero Tolerance Spam Policy
RelyHost.com has a zero stance policy on SPAM, Junk Email or UCE. Spam, Junk-mail and UCE are defined as:

The sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes email with forged headers, compromised mail server relays, and false contact information.

This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of RelyHost whether or not the message actually originated from our network.

Block Removal. If Customer actions have caused RelyHost.com's mail servers or RelyHost.com's IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the internet, Customer will be assessed a $200 charge to Customer account and $100 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

The use of any type of Mailing software including and not limited to mail.php on our servers is strictly prohibited and violates our terms.

Drop-Box Accounts. Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.

Header Forgery: Forgery of email headers "spoofing" is prohibited.

Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.

Relaying. Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited.

Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to RelyHost.com upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.

Mailing Lists: RelyHost.com's mass mailing rules also apply to mailing lists, list serves, or mailing services contracted for by Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for email information using a double opt-in process or that has made their email address available to Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

5.) Backups and Data Loss
RelyHost.com is not responsible for files and data residing on your account on our servers. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on RelyHost.com servers. Your use of the service is at your sole risk.

6.) Resource Usage
Users may not initiate the following:
a) Use 20% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, Mailing Lists, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely hosted services are fully allowed.
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.

7.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

8.) Money Back Guarantee
You may cancel your shared hosting plan within the first 30 days and receive a full refund of the hosting portion of your payment if you are not completely satisfied. After the first 30 days, you may cancel at any time. However, your cancellation will be effective as of the next billing date. Accounts that are renewed for additional terms are also not subject to our money back guarantee.

Should a 30 day money back guarantee be requested, a full refund will be issued, minus $2 for the verification process. Our Money back offer applies ONLY to first time customers. Add-ons, Domain names and setup fees are NON-REFUNDABLE. SSL, installation fees, Dedicated IPs, and Domain Name Registrations are NON-REFUNDABLE. We reserve the right to refuse a refund if we find that you used your account against our Terms of Service. If cancelling service within the first 30 days, we reserve the right to charge a fee for hosting services that have been rendered. Please allow up to 7 days for your refund.

9.) Account Cancellation:
Accounts with active subsciptions are automatically renewed unless it is canelled by you.
Requests for canceling accounts must be made through the billing/helpdesk system.
RelyHost’s preferred method of cancellation is via the billing/helpdesk system of your RelyHost account. Please log into the billing/helpdesk system to request account cancellation.

10.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold RelyHost.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against RelyHost.com, its agents, its customers, its owners 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 RelyHost.com, it's owners and partners against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with RelyHost.com; (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 RelyHost.com.

11.) Disclaimer
RelyHost.com will not be responsible for any damages your business may suffer. RelyHost.com makes no warranties of any kind, expressed or implied for services we provide. RelyHost.com disclaims any warranty or merchant ability 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 RelyHost.com, it's owners, and/or its employees or partners. RelyHost.com reserves the right to refuse service. We reserve the right to limit what scripts and software is uploaded to our server.

12.) Changes to the TOS
RelyHost.com reserves the right to revise its policies at any time without notice simply by posting the terms on this web page.

13.) Support
RelyHost.com offers support via Support Ticket. Abuse of our support staff will not be tolerated. Our staff will always respond in a courteous and respectful manner. This is our guarantee. We ask that you do the same. We reserve the right to suspend or terminate your account if we find you to be abusive to our support staff.

14.) Adult Material
RelyHost.com does not allow Porn sites. We allow soft adult sites. We will actively work with law enforcement officials to prosecute child pornography or those found to be breaking the law. It is your responsibility to adhere to local laws. We do not allow hard porn. It is at RelyHost.com sole discretion to decide whether your content is acceptable under these terms of service. If you are not certain whether your content violates this TOS, please email us first.

15.) Uptime Policy
RelyHost.com promises to have your hosting account up 99.9% of the month. This excludes all scheduled maintenance, reboots, self inflicted downtime, acts of god, backbone issues, DDoS attacks, hardware failures or data center induced outages. For accurate uptime monitoring please use a third party monitoring system.

16.) Right to Terminate
Any domain that causes harm, damage, crashes or otherwise compromises or affects other users will be terminated. We reserve the right to terminate any account we find to be hosting or storing files against our TOS.
Any user in violation of this policy will have their site suspended and asked to remove it. Failure to do so will result in account termination. RelyHost.com reserves the right to terminate your account without warning if your offense is endangering the integrity or performance of our servers.
DoS attacks or any other attacks launched from within our servers or against our servers may result in your account being terminated. Determination is at RelyHost.com’s sole discretion.
RelyHost.com reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this TOS or hinders performance on our servers, at our sole discretion. RelyHost.com also reserves the right to make any such modifications in an emergency at our sole discretion.
Domains placed on our servers must resolve to our servers. It is your responsibility to provide an offsite email address as your primary contact where you can be reached in case issues arise.

17.) Maintenance
RelyHost.com designates time periods ("Scheduled Maintenance Windows") during which it may limit or suspend the availability of the hardware and/or software involved in providing its Services and Products (an "Outage") to perform necessary maintenance or upgrades. Scheduled Maintenance Windows currently are between the hours of 12 am and 5 am Eastern Standard Time. If planned maintenance has the possibility of making the server or servers, as the case may be, utilized by Customer inaccessible to the Internet during a Scheduled Maintenance Window, RelyHost.com will provide not less than six (6) hours prior electronic mail or other notice to Customer of the Scheduled Maintenance Window during which the Outage is planned. In addition, RelyHost.com reserves the right to perform any required maintenance work outside of the Scheduled Maintenance Window with prior notice to Customer. RelyHost.com will provide not less than six (6) hours notice for work performed outside of the normal scheduled maintenance window.

18.) Limitation of Liability
RelyHost.com liability (including, for purposes of this paragraph only, any of it employees, agents, or representatives), to Customer (either directly or as a third party defendant in any action or proceeding) for any claim arising out of or relating to this Agreement or Service Orders or the provision of any Services under Service Orders (including, without limitation maintenance and support) shall be limited to the amount of fees paid by Customer to RelyHost.com under this Agreement within one year preceding the date Customer contends its claim arose.
In no event shall RelyHost.com be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability. This limitation will apply even if RelyHost.com has been advised of, or is aware of, the possibility of such damages.

19.) Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and the Province of Ontario without regard to choice of law provisions that would cause the application of the law of another jurisdiction.

20.) Domain Registrations and Renewals
RelyHost.com will make every effort to register, transfer or renew your requested domain name. This does not guarantee that your requested domain name is available for registration, transfer or renewal. Your domain name may go unregistered, untransferred or unrenewed, due to circumstances beyond our control, such as: registry, software and other problems or outages, and will not be grounds for compensation of financial loss. You are solely responsible for monitoring your domain expiration date and making sure you renew it before it expires.

An order for domain name registration, transfer and/or renewal, does not guarantee that the domain name will be available for registration, transfer or renewal. Domain names will not be registered, transferred and/or renewed until payment is received. If a requested domain name is paid for, to RelyHost.com, and subsequently not registered, transferred and/or renewed by RelyHost.com, the domain registration fee will be refunded.

RelyHost.com reserves the right to add a premium service charge at it's sole descretion on domain renewals which are no longer hosted on our servers.

By placing an order for domain registration, you agree to the Uniform Domain-Name Dispute-Resolution Policy.

21.) Notification of Violation:

RelyHost is under no duty to look at each customer's or user's activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities.

22.) Miscellaneous Provisions:
You must provide us with, and keep current, good contact information. E-mail, fax, and telephone contacts are used, in that order of preference.

RelyHost takes no responsibility for any material input by others and not posted to the RelyHost Network by RelyHost. RelyHost is not responsible for the content of any other web sites linked to the RelyHost Network; links are provided as Internet navigation tools only. RelyHost disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

RelyHost is not responsible for any damages your business may suffer. RelyHost does not make implied or written warranties for any of our services. RelyHost denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by RelyHost.

Also note that we understand that certain violations of the above terms can occur inadvertently, and even as a result of unauthorized access from some third party. We will do our best to weigh the merits of each individual case and act with common sense and an understanding of the technical and social implications of the situation. We prefer to advise customers of inappropriate behaviour and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service.


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