Policies Terms & Conditions | Terms & Conditions |
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Chameleon Webhosting Terms of Service The service that is subject to the following agreement is provided by Chameleon Webhosting in association with LiquidNet Ltd., registered in the United Kingdom, Registration No. 4654498. Chameleon Webhosting and LiquidNet Ltd. will be referred to as Chameleon Webhosting for the sake of brevity in this document. You should be aware that by signing up for an account with Chameleon Webhosting, you agree to position data on our servers, thus making it accessible to the wide public. In this sense, you accept that it is beyond the power of Chameleon Webhosting to restrict such access and guarantee the security of your files. You are completely in charge of protecting your data on Chameleon Webhosting servers, which suggests that you would better consider carefully any piece of information before uploading it to your newly allocated Chameleon Webhosting server space. It is recommendable to avoid publishing personal data that could be abused online. The order form completion represents the electronic signing of this document. You should abide by the Domain Name Registration Agreement, which is an indivisible part of this document. ENTIRE AGREEMENT; SERVICE AGREEMENT Chameleon Webhosting HOSTING SERVICES Bandwidth - Each hosting plan includes prepaid monthly bandwidth in Megabytes. This bandwidth quota is shared between all the sites in a single hosting account. In case a hosting account exceeds its allowed bandwidth, it will be suspended until beginning of the next month when the quota will refresh automatically. Additional bandwidth is available. Contact sales for more information. Domains Hosted - Chameleon Webhosting hosting plans include domain hosting. Each hosting plan has a limit of the domains hosted. Domain Registration - available at discounted price only with purchasing web hosting account(s). Each web hosting account can use a maximum of one discounted domain name. Domain registrations are final and cannot be refunded. Disk Space - Additional disk space is available. Payment is accepted only in advance per year. Contact sales for more information. IP Address - For many customers an IP address is important for starting SSL hosts and that's why we allow purchasing more IP addresses. In case your hosting account does not include an IP address, please contact sales for more information on how to obtain it. Payment is accepted only in advance per year. MySQL Database(s) - is/are included in all hosting plans. Additional MySQL databases are available. Contact sales for more information. MySQL Database Storage - Each hosting account has a limit for MySQL database storage. This storage is shared between all the MySQL databases in a single hosting account. Additional MySQL database storage is available. Contact sales for pricing. SSH (Secured Shell) - In case your hosting account does not include a SSH, please contact sales for more information on how to obtain it. Payment is accepted only in advance per year. BACKGROUND OPERATIONS/PROGRAMS ON SERVERS SERVICE GUARANTEES Server Hardware Breakdown. User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, Chameleon Webhosting is not responsible for the downtime). Failures due to software that is not explicitly supported by Chameleon Webhosting. Consequently, if a hardware crash provoked by the customer happens, Chameleon Webhosting is beyond the control and responsibility for the resulting downtime. A data backup is available on a daily basis. All the contents of a client's /www/ folder will be added to the backup, as well as all the databases that belong to the Customer. The maximum space provided to a client for his backup is 5 GB of disk storage. SERVER USAGE & HOSTED CONTENT Server content MUST comply with the parameters stated in this TOS. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. Customers should get in touch with a Chameleon Webhosting Service representative regarding any inquiries over the matter. If any of Chameleon Webhosting Services are used for the illegal purpose of SPAM or UCE, then they will be instantaneously terminated. Unauthorized Access. Chameleon Webhosting expressly bans the use of any Chameleon Webhosting hardware or software hosted on a Chameleon Webhosting server for trying to illegally access another hosted machine or network. Using Chameleon Webhosting's temporary URL is not defined as bandwidth stealing. However, customers are advised to use it temporarily and Chameleon Webhosting does not bear the responsibility, if we change it afterwards - traffic processing there is not recommendable. It is not recommendable to use Chameleon Webhosting' temporary URL - scXX.info/scXX.biz - as a basic URL. Users are advised to redirect their traffic to their own domains. Each customer will be able to take advantage of the package he/she has purchased at the introductory price levels and with one and the same set of features in the course of the whole contract period. Chameleon Webhosting reserves the right to introduce certain changes to the packages (in the shape of complementary services) to the benefit of customers. CANCELLATION & MONEY BACK CANCELLATION AND REFUND POLICY All credit requests for VISA, MasterCard, American Express and Discovery payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to your credit/debit card and affect your credit/debit card balance in accordance with the credit/debit card issuer's terms of service. All credit requests for PayPal payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to your PayPal account and affect your PayPal balance in accordance with the PayPal's terms of service. MONEY BACK GUARANTEE POLICY PAYMENT, CHARGEBACKS AND RETURNED CHECKS Chameleon Webhosting contracts with VISA / MASTER CARD International, American Express Bank and Discover Financial Services for chargeback procedures, thus avoiding its merchant accounts involvement. When signing up for a web hosting service with Chameleon Webhosting, customers agree to AUP (this document) and the specified Terms & Conditions in this document. Thus, Chameleon Webhosting will utilize this document as an evidence for the customer's agreement in cases of a chargeback inquiry on behalf of the customer based on points that the client tries to refute after he accepted them at the time of the order. LiquidNet Ltd. will charge customers with fees based on the fee structure at the time of the sign-up process. LiquidNet Ltd. reserves the right to introduce changes to the packages when needed regarding price and set of features. This means that the current price list at http://www.chameleonwebhosting.com may differ from the pricing and features of the customer's account. When signing up for an account with Chameleon Webhosting, the customer agrees to pay for the period of one year (365 days). Chameleon Webhosting grants customers with 48 hours over the official payment period. In case that the payment has not been received, the account will be suspended. Chargebacks are not considered as a way of refunding. Any customer who provides a credit card chargeback in response to a bill or order placed at Chameleon Webhosting will be subject to collections and legal action. He/she will be charged $29.00 USD, because when signing up with Chameleon Webhosting, customers accept these terms and conditions, thus agreeing to observe them strictly. WARRANTIES AND REPRESENTATIONS FREE DOMAIN NAME PROMOTION NO UNLAWFUL OR PROHIBITED USE THIRD PARTY TERMINATION SERVICE DENIAL YOUR RESPONSIBILITIES Provide true, accurate, current and complete information about yourself as prompted by the registration form of the Service. Maintain and promptly inform us to update Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Chameleon Webhosting has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Chameleon Webhosting has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). When signing up for un account with Chameleon Webhosting, each customer agrees to submit correct and up-to-date contact details, meaning that when introducing any changes to this information, he/she is obliged to notify Chameleon Webhosting in the course of a 10-business-day period after the changes become valid. The introduction of changes should be done online through customer's Control Panel, not via e-mail. This requirement is also in force for Chameleon Webhosting - customers will always be aware of any contact information changes that the company places within its website. This way, a flawless communication process between both sides is guaranteed. You will receive a password and account designation upon completing the registration process of the Service. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. You agree to: immediately notify Chameleon Webhosting about any unauthorized use of your password or account or any other breach of security. ensure that you exit from your account at the end of each session. Chameleon Webhosting cannot and will not be liable for any loss or damage arising from your failure to comply with this. Any Customer in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting. Harm to Chameleon Webhosting Servers - any attempts for doing harm to a server or customer of Chameleon Webhosting Services are explicitly banned Acceptable Use of Services / Acceptable Access to Services - Chameleon Webhosting will immediately and resolutely react to any attempt of use of an Internet account or computer by a Chameleon Webhosting customer unauthorized by the account or computer owner. Such attempts include "Internet scamming" (tricking other people into releasing their passwords and etc.), password robbery, security hole scanning etc. It DOES NOT matter whether the attacked account or computer belongs or not to Chameleon Webhosting Services, the fraud will be subject to actions based on the very nature of the attack which could be a warning, an account suspension or cancellation and civil or criminal legal action. CPU usage (or usage of the Central Processing Unit(s)) on the web server Customer's account is hosted on is subject to some regulations. That means that each hosting account can take advantage of up to 10% of the CPU power for no longer than 180 seconds at any given time or 4.5% in the course of 24 hours. Chameleon Webhosting strongly requires that customers be very judicious when using the CPU power for their accounts. Otherwise, we may suspend customer accounts in cases of registered impact on other accounts on the server or disturbance caused to the functioning of the server. If we do suspend an account, then its owner will be notified of that in consistence with the situation that this suspension may provoke. Then the account's owner may be required to upgrade to a dedicated or semi-dedicated web hosting solution. Possible alternative is a required reduction in the load and traffic that the customer's account gets. Chameleon Webhosting reserves the right to block files or scripts that use CPU exceedingly and notify clients. Customer agrees not to publish on or over its account any information, software or other content, which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible. Users are NOT allowed to send more than 300 e-mails per hour and/or 1500 e-mails per day per hosting account. Each account is entitled to host up to 50 000 files. Chameleon Webhosting offers generous amounts of disk space and network bandwidth. The customers must not allow other websites or hosting servers to link to files stored in their hosting accounts, and thus steal network traffic. In order to escape unjust distribution of the resources, as well as possible sharing of illegal content, the Customers are not allowed to use their hosting accounts as a remote storage server only or solely for the purpose of sharing (un)archived images, programs or sound files. At least 80% of all files and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, RAR, but not limited to these file extensions) in each hosting account must be a part of actual, active website(s) content, i.e. all content files must have corresponding HTML or PHP files, which link to them. Furthermore, these files may amount to no more than 50% of the traffic that the Customer uses each month. If requested, the Customer should prove that a given file is a constituent part of an actual page and not only stored on the server within 24 hours of the request. MySQL usage: each database hosted on our system can be used only by the user who has created it. Another user, whose account is hosted on the same or on another server, cannot use the database created in your account. The MySQL database has a limit of 45 000 queries per hour. If you have reached 45 000 queries per a given hour, you will not be able to make any more queries. In the next hour you will have access to the database again and the counter will be reset. The access and error logs for all client's hosts in an account should not exceed 500 MB in total. Chameleon Webhosting does NOT allow sites that provide any content, points of distribution, or 'links' to sites that: infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy violate any law, statute, ordinance or regulation are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another contain or run proxy - proxy lists and any kind of proxy scripts (including, but not limited to php proxy and nph proxy) concern in any way torrent trackers, clients or applications - Torrent trackers, clients or applications are not allowed to be hosted on our servers have IRC bots - IRC bots are absolutely forbidden on our servers contain Pirated or Hacking / Phreaking Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction have Adult Sites (content) - Any erotic or pornographic material, links to adult sites, or advertisements of adult sites. SERVICE ACTIVATION AND CONTINUANCE TIMESCALES Shared Web Hosting Accounts Timescale. The newly-created shared hosting accounts with Chameleon Webhosting are valid for 1 year. They can be renewed for another year that will be added to the official expiration date of the account. All other account upgrades, purchased from the web hosting Control Panel, are valid and will be functional till the final expiration date of the corresponding web hosting account. Domain Name Registration Timescale. Chameleon Webhosting offers registration of the following TLDs (Top Level Domains), purchased together with a shared hosting account (PROMOTIONAL) or ordered separately as an upgrade from the web hosting Control Panel (NON-PROMOTIONAL). The table below displays the minimum and maximum registration periods, as well as the annual NON-PROMOTIONAL prices:
SERVICE EXPIRATION AND RENEWAL CUSTOMER WEBSITE; E-COMMERCE; CUSTOMER WARRANTIES/GUARANTIES When buying an allocated space on Chameleon Webhosting servers, customers agree to be fully responsible for the development, operation and maintenance of their web site, online store and e-commerce activities within that space. Each customer is in charge of all the products and services as well as of all contents and materials appearing online, including: the accuracy and relevance of Customer Content and content and material showcased in its store or on its products certainty that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person certainty that the Customer Content and the content and materials appearing in his/her store or on his/her products are not calumnious or somehow illegal. Customer is the only one in charge of approving, processing and filling customer orders and of taking care of customer requests or complaints. Customer is the one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store. Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store. Each Customer guarantees to Chameleon Webhosting that he/she owns or possesses the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to Chameleon Webhosting that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not: infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party break any criminal laws or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation. Each Customer empowers Chameleon Webhosting to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. Chameleon Webhosting is granted the right to assess the extent these operations need to be done. TORTUROUS CONDUCT SPAMMING IS PROHIBITED the sending of unsolicited messages in bulk, or the sending of unsolicited e-mails, which provoke complaints from recipients the sending of junk mail the use of distribution lists that include people who have not given specific permission to be included in such a distribution process posting commercial ads to USENET newsgroups that do not permit it posting articles containing binary encoded data to non-binary newsgroups excessive and repeated posting of off-topic messages to newsgroups excessive and repeated cross-posting e-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive the e-mailing of age-inappropriate communications or content to anyone under the age of 18 "Spamming" is considered as explicit misuse of ethical principles and will be interpreted as a violation of them The maximum number of allowed e-mail messages sent per hour is 300 and/or per day is 1500. There are no exceptions to this rule. Every customer who is sending more than 300 e-mail messages per hour and/or 1500 e-mail messages per day needs a dedicated server and cannot use a shared hosting account. COMPLAINTS PROCEDURE Chameleon Webhosting will confirm receipt of your complaint in writing, confirming that the complaint will be addressed without delay. Chameleon Webhosting reserves the right to refuse to investigate a complaint that is obviously frivolous, abusive or offensive. A Chameleon Webhosting Customer Care representative will review your situation, look for an appropriate solution and will inform you of the timeframe within which a response should be expected. If a Chameleon Webhosting Customer Care representative can't resolve your complaint within the pre-announced period, your complaint will be escalated to a Customer Care manager. If the Chameleon Webhosting Customer Care manager can't resolve your complaint, it will be forwarded to the Company Director, who will investigate the case to ensure that all necessary measures have been taken and will respond in writing within two working days and reply with a solution within five working days. An alternative complaint method is submitting a fax to the following number: +1-510-868-6446 NEWS RELEASES FORCE MAJEURE CIRCUMSTANCES This Agreement shall be interpreted in consistence with the laws of the State of Florida, US. This Agreement shall be in force and effect entirely to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. - The captions and headings contained in this TOS are aimed at facilitating the text comprehension. They are not a part of the very Agreement, and shall not limit or construe the provision they refer to. - This Agreement may be executed in counterparts, which will be considered as original. COPYRIGHTS Please report any violations of the Terms of Service and the Domain Name Dispute Resolution Policy to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . CUSTOMER SERVICE CONTACT DETAILS ASSIGNMENT |
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