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Terms of Service and Policy Guidelines
Tower Host provides web hosting to many clients, and we have a responsibility
to protect each client and to provide the best services available. The following
guidelines were designed to ensure these obligations are met.
Content:
Unauthorized distribution or copying copyrighted software/material or content,
violation of Canadian or US export restrictions is strictly prohibited. Other prohibited activities/content include but are not limited to; fraud, adult or pornographic material, hacking, warez, drug dealing, terrorism or any other illegal activities. Links to such materials are also prohibited.
Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from any Tower Host server
or using an email address or domain that is maintained on a Tower Host
machine as reference is STRICTLY prohibited. Tower Host will be the
sole arbiter as to what constitutes a violation of this provision. We consider spam to be any unsolicited
commercial email (UCE) or unsolicited bulk email (UBE) in the mediums of
Newsgroups, Fax, and Email. Distribution of mass emailing programs is also
prohibited. If you are found to have spammed, then we will immediately,
without warning, disable your domain. We reserve the right to refuse or
cancel service to known spammers. Lastly, we reserve the right to determine
what violates this policy. We take pride in having one of the strictest
anti-spam policies. To report abuses, please contact [support@towerhost.com]
As such, any violation will result in immediate deactivation of services
without refund.
Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of Tower Host is strictly prohibited. The account may be terminated at our sole discretion. Report abuse to support@towerhost.com with as much detail as possible.
Tower Host will decide on a case by case basis if a refund is to be given on violation of these terms and conditions.
CPU Usage
Clients are restricted to a maximum of 10% total cpu usage for a maximum of 10 seconds. Accounts with high cpu/memory usage will be suspended immediately. Scripts that commonly cause high resource usage include: Ultimate BB and PHP Nuke
Background-running Programs
We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
All Sub-Networks, distributive hosting sites and dedicated servers of Tower Host must adhere to the above policies.
Billing/Refunds
The billing cycle runs from the from the date you bought the account, to the same day the following year/month. Charges for usage by customer beyond the base amount of usage contained in customer's service plan shall be billed the following month along with base charges for the coming month. Volume discounts for bulk purchases of monthly connectivity services remain in effect for the total length of the term, otherwise, full fees will apply. Pre-authorized Payment by credit card or Paypal is the preferred method of payment. Payment is due by the first of the month or upon receipt of any invoice. Refunds will be given at the discretion of the Company Management.
Refunds will not be prorated. If your account exceeds the 14 days, and you have cancelled your service you will not be eligible to receive a refund. Domain names are non refundable. Yearly payments are non refundable.
Tower Host may terminate any account with no refund to customer in the event of customer's breach of any of the terms or conditions contained herein.
Reseller accounts do not apply to any money back guarantees and are strictly non refundable.
14 Day Money Back Guarantee:
In the event that the customer requests a refund, within the 14 day period of ordering hosting, payment will be issued within 30 days of the request. Please send
request to support@towerhost.com. No refunds will be given to any customer who violates this agreement.
Yearly payments do not apply to the 14 day money back guarantee.
Reseller accounts do not apply to any money back guarantees and are strictly
non refundable.
99.5% Uptime Guarantee:
Coverage
This 99.5% uptime guarantee applies to any Tower Host client in good financial
standing with Tower Host at the time of a service outage. Tower Host endeavors
to have the content of your web site available for http access by any party
in the world 99.5% of the time. Network downtime (unavailability) is defined
as 100% packet loss from Tower Host to its backbone providers. Downtime is measured
past 10 minutes after notification of network failure via Tower Host's online
ticketing system. Tower Host's administrators will determine the end of the
downtime by a traceroute to the customer's machine from outside the Tower Host
network.
Credits
In the event that your web site is not available for more than 99.5%, Tower
Host will credit the following month's service fee as follows. For any shared
hosting client, such credit shall be retroactive and shall be as calculated
below and as measured 24 hours a day in a calendar month, with the maximum credit
not to exceed 1 month free hosting for the affected month.
In order for you to receive a credit on your account, you must request such credit within seven (7)
days after you experienced the down time. You must request credit by sending an electronic mail message to support@towerhost.com.
For security, the body of this message must contain your account number, domain name the dates and times of the unavailability of your website, and such other
customer identification requested by Tower Host. Credits will usually be applied within thirty (30) days of your credit request. Credit to your account
shall be your sole and exclusive remedy in the event of an outage.
Restrictions
Credits shall not be provided to you in the event that you have any outage resulting from (1.) scheduled maintenance as posted from time to time at Tower Host,
(2.) your behavior or the performance or failure of your equipment, facilities or applications, or (3.) circumstances beyond Tower Host's reasonable control,
including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance,
interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation,
domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or
equipment needed for provision of your web site, or (4.) a client breaking any item in Tower Host's "terms of conditions and acceptable use policy"
causing a machine to fail as a result.
LIMITATION OF LIABILITY:
Tower Host shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from Tower Host
servers going off-line or being unavailable for any reason whatsoever. Furthermore,
Tower Host shall not be responsible for any claimed damages, including
incidental or consequential damages, resulting from the corruption or deletion
of any web site from one of Tower Host servers. All damages shall be
limited to the immediate termination of service. Tower Host reserves the right to interrupt service periodically for maintenance.
Tower Host will do its utmost to provide 24 hours a day, 7 days a week service.
Clients are responsible for keeping file backups, which include but are not limited to; databases, graphics, media files or any other files used by the client on Tower Hosts networks.
Violations of these Acceptable Uses Policies should be referred to support@towerhost.com
All complaints will be investigated promptly.
Failure to follow any term or condition will be grounds for immediate account
deactivation.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Tower Host HARMLESS FROM ANY AND ALL DEMANDS,
LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Tower Host, ITS AGENTS, ITS CUSTOMERS,
OFFICERS AND EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER,
IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Tower Host AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY
TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Tower Host'S SERVER; (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
CUSTOMER FROM Tower Host'S SERVER.
Tower Host retains the right to change any or all of the
above Policies, Guidelines,
and Disclaimer without notification. We also retain the right to increase/decrease
any pricing, and make changes to our account plans without notification.
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