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Upon signing up for CHIhost's services, all customers agree to comply with CHIhost's Terms of Use. The spirit of this policy is to ensure our customers are using CHIhost's services with due regard to the rights of other Internet users and in conformity with the requirements of CHIhost's network environment.

Please note that asterisked items (*) are not applicable to Dedicated Server customers.

Illegal Use

CHIhost servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.

Security

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Resources*

Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. CHIhost shall be the sole arbiter of what is considered to be a high server usage level. 

Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. This includes accounting running services on ports higher than 80.

CGI Scripts*

CGI script sharing with domains not hosted by CHIhost is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

User Level Security-3rd party scripts, passwords

You, the customer are responsible for keeping your account secure at the user level, this includes but is not limited to any software you install, including those installed with an initial script installer we provide, such as Fantastico and/or the cPanel script manager, including 3rd party scripts and passwords you choose. If you install 3rd party scripts you are required to check for security issues with those on a regular basis and upgrade them as needed or as instructed to by CHIhost. CHIhost reserves the right to disable any script(s) that pose a potential security risk to your account or the server, or that were not upgraded upon request, and/or suspend your entire account. CHIhost is not responsible for any negative effects to other areas of your site as a result of disabling one or more particular scripts.

 It is your responsibility to choose secure passwords, change them regularly, and properly manage passwords associated with your account. CHIhost reserves the right to change insecure passwords.

Chat Rooms*

CHIhost does not allow customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, CHIhost provides Java chat rooms that meet most users' needs and run without hindering system performance.

Background Running Programs and Cron Jobs*

CHIhost may allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact CHIhost at support@CHIhost.com so that we can arrange set-up.

IRC

CHIhost does not allow IRC or IRC bots to be operated on our servers.

UCE (Unsolicited Commerce Email) - SPAM

Spamming, the sending of unsolicited mass email from or through a CHIhost server or using an email address that is maintained on a CHIhost machine is STRICTLY prohibited. CHIhost will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a web site hosted on a CHIhost server, or if they sell or distribute software on their web site that facilitates spamming. Violators will face immediate suspension.

Server Abuse

Any attempts to undermine or cause harm to a CHIhost server or customer are strictly prohibited.

Software Distribution*

CHIhost's shared web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@CHIhost.com to make special arrangements.

Other

Any content which generates complaints directed by others to us directly is prohibited.  Any content containing a persons or organizations sensitive personal data, including but not limited to credit card numbers, social security numbers, and drivers license numbers is prohibited. CHIhost is not responsible for bank over draft fees. Offshore bank sites are prohibited.  Any content related to terrorist groups is prohibited.  

Affiliate

Each customer must stay with CHIhost for more then 45 days to collect payment. All payments are mailed or credited unless otherwise agreed upon. Applies to new customers only.

Payment

Payments are automatically applied to your credit card on file. In the event the credit card or payment method on file is no longer valid you must contact us with new payment information within five days. Unpaid accounts are subject to discontinuation of service. Payments over 30 days past due are subject collection agency fees and any applicable court costs and legal fees.

Cancellation

All hosting plans are recurring billing cycles.  To cancel fill out our online cancellation form located at https://securednshost.com/cancellation/ or fax your cancellation request to 630-282-0444  You will receive a confirmation number within 1 business day. Accounts cancelled after the 60 day money back guarantee period are subject to a $50 early termination fee, and prorations will be based on the monthly billing amount, domain registrations are non-refundable.  We do not accept cancellation requests via email or in the form of a charge back.  Refunds will not be given in the form a charge back.  To obtain refund call 630-221-8451 or fax a refund request to 630-282-0444.  If you do a charge back you must pay an administration fee equal to the amount of the charge back plus an additional $35 per charge back plus any collection fees and/or legal fees.

Refusal of Service

CHIhost.com reserves the right to refuse or discontinue service to anyone for any reason, or for no reason, at any time.

Vulgar and Abusive Language

The use of vulgar or abusive language to our support staff or any of our partners or suppliers is not tolerated and may result in immediate termination of your account.

Copyright Violations

The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid copyright infringement notification. If you would like to notify CHIhost of an infringement of your copyright, the DMCA requires that you:

Send your notification to CHIhost's designated agent. You may choose any of the following three avenues for this notification:

  • Email to abuse@CHIhost.com
  • Mail or courier to CHIhost, Attention: Abuse, PO Box 3570 Glen Ellyn, IL 60138
    Include in your notification the following information:
    • A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
    • Identification of the copyrighted work(s) claimed to have been infringed.
    • Identification of the material claimed to infringe the copyright(s), and enough information for CHIhost to locate it.
    • The Claimant's name, address, and telephone number(s).
    • A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
    • A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

Actions Taken by CHIhost

The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. CHIhost will be the sole arbiter as to what constitutes a violation of the Terms of Use. CHIhost reserves the right to remove any account without prior notice. When CHIhost becomes aware of an alleged violation of its Terms of Use, CHIhost will initiate an investigation. During the investigation, CHIhost may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, CHIhost may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, CHIhost will notify the appropriate law enforcement authorities of such violation.

CHIhost does not issue credits for outages incurred through service disablement resulting from Terms of Use violations.

Domain Registration and Renewals

Domains registered with CHIhost may be renewed at any time prior to expiration for a maximum period of up to 10 years.  While we will often call and/or email you prior to domain expiration, we do not guarantee we will do so and it is your responsibility to keep track of your domain.s expiration date. Failure to renew your domain prior to expiration may result in your domain being turned into a pay per click site.  The pay per click site may include, and is not limited to, images, text and links, and contain content chosen by CHIhost's parent registrar.  By registering a domain with CHIhost you agree that images, text, links, etc. of the parent registrars choice may be displayed if you do not renew your domain prior to expiration.  You are also subject to any rules, decisions, and actions of the parent registrar at any time during valid registration period and/or renewal.   Domains expired for more than 30 days may result in loss of domain or additional charges to get the domain back.

Upgrades

CHIhost will upgrade the server on a regular basis and/or as necessary.  This will, among other things, help prevent security breaches due to known exploits of open source software, and prevent poor programming techniques which may cause a potential security risk.  Prior notice of upgrades will not always be given.  CHIhost is not responsible for any negative effects or non compatibility of your scripts and/or content on your website, after an upgrade, including misdeilvery, nondelivery and/or loss of data.

CHIhost customers agree to indemnify and hold harmless CHIhost from any claims resulting from the use of our services that damages them or any other party. The CHIhost service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. CHIhost is not responsible for any loss of data, non-deliveries, wrong delivery, or any service interruption. CHIhost expressly disclaims any representation or warranty that the CHIhost service will be error-free, secure or uninterrupted. No oral advice or written information given by CHIhost, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. CHIhost and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service. If CHIhost is sued or threatened with a lawsuit from a third party because of something you do with the services, you agree to pick up the tab. Not only do you agree to reimburse CHIhost for what it pays to satisfy a judgment or settle a case, you also agree to pay CHIhost's reasonable attorney's fees and all other costs CHIhost incurs in defending itself.

The ICANN Dispute Policy
http://www.icann.org/udrp/udrp.htm

The Exhibit A of the Open SRS Reseller Agreement
http://www.opensrs.org/exhibita.shtml

Appendix A of the UK Server Access License Contract
can be found at: http://resellers.tucows.com/opensrs/uk/ukexhibita

The Nominet Terms and Conditions
These can be found at: http://resellers.tucows.com/opensrs/uk/ukterms

SCHEDULE A for .US names
Form of Registration Agreement http://resellers.tucows.com/opensrs/info/infoexhibita

APPENDIX A:
Form of Registration Agreement http://resellers.tucows.com/opensrs/ca/ca_exhibita
dot CC Exhibit A - http://www.opensrs.org/cc/cc_exhibit_a.html

APPENDIX A
Form of Registration Agreement: http://www.opensrs.org/tv/tv_exhibit_a.html

Modification

CHIhost reserves the right to add, delete, or modify any provision of its Terms of Use at any time without notice.


 
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