Our terms of service are designed to be read by the average
joe. Not by some high-priced lawyer. Please read through this
agreement carefuly.
For your understanding, please read this agreement prior to
ordering services from us. By signing up, you agree that you
have read the following agreement, and have an understanding
of it. If you have any questions at all regarding it, please
do not hesitate to call us.
Personal Information
When you place an order for one of our services, your personal
information, including your credit card information is transmitted
via the use of a Secure Socket Layer (SSL), the industry standard
for encrypting sensitive information. midPhase takes your personal
information very serious, and as such, we will not sell your
information, and we vow to keep it confidential.
Cancellation
We have a very simple cancellation policy. If you cancel
your account within 30 days, you will be provided with a
full refund
excluding any setup fees (varies, most plans include free
setup), and domain registration fees ($21.95).
Automatic Renewal
As a convenience to you, your Chilihost account will be enabled
with autorenewal, which means that when your renewal date
comes up, your hosting plans and domain will be renewed.
At the same
time though, Chilihost does incur a cost at this, so the
credit card on file will also be charged. If you wish to
not have
this happen, and you would not like to renew your account,
you must cancel 14 days prior to renewal. If you fail to
cancel 14 days prior to renewal, your account will be renewed
for a new term, so
please be sure
to fill out the cancellation form located above if you chose
not to.
Illegal Activity
Chilihost maintains a high-level of service, and a lot of
customers that depend on our longevity.
As such, we will
not provide
services to those that are using our services for:
Hacking, which includes penetrating or attempting to penetrate
computer, or unauthorized networks.
Port scans, stealth scans,
and fraudulent credit card "phishing" techniques
are additionally prohibited.
Hosting of pirated files, software and music for the use of
distribution, or otherwise.
Spamming, or sending of bulk unsolicited email. Chilihost
maintains a a strict policy on spamming, and the sending
of commercial
messages by use of our services, or by maintaining an open
SMTP connection. Chilihost reserves the right to refuse service,
and to suspend a website based on complaints submitted and
verified by SpamCop, and other Spam organizations.
Violations of intellectual property rights, rights of publicity,
and privacy is strictly prohibited.
Please refer to ("Copyright
Infringement") below for more information.
Hate content, or content that allows for obscene, abusing,
and what could be considered libelous and defamatory is strictly
prohibited use of our services.
Child pornography, including the use of our services to post,
display, and store child pornographic images is prohibited
by law.
If this information is found, and brought to our attention,
the proper law enforcement agencies will be notified.
Disruptive use of our services is additionally prohibited.
While our shared services are a great match for the bulk
of our customers, there simply becomes a time for some websites
that they are best on a larger plan, which allows for more
dedicated CPU and memory resources. A website that is poorly
coded, or simply has a large number of simultaneous visitors
may be unfit for a shared environment. As such, we reserve
the right to make this decision at our sole discretion, based
on a CPU and memory policy of 10%. This means, that if your
website is found to be utilizing more than 10% of the CPU
and
memory of the service, we reserve the right to stop or correct
the violation. Upon this, we will at the customers convenience
provide alternative options, and a prorated refund. Due to
the severity of this, and our ability to act quickly to correct
these situations to avoid server issues, Chilihost will do
it's best in providing a warning prior to suspension, but
chilihost
holds no obligation in doing so.
This Terms of Service May Change
Due to our evolving business, and web hosting industry, we
must inform you that this terms of service may change. As always,
we will do our best in keeping you notified for any changes
that may affect your service, we ask that you please revisit
the terms of service for review.
Copyright & Trademark Infringement
Chilihost
has adopted a policy to suspend, and terminate websites found
to be in in violation of copyrights. If you believe that
a website we host is in violation of your intellectual rights,
we ask that you please follow the below steps, as it provides
the only way in effectively removing or disabling questionable
content from Chilihost servers:
Follow these steps:
Identify the material in question
Provide a signature of the person acting in behalf of the intellectual
property owner.
Providing your contact information, such as your name, phone
number, address, and/or email address, which will be provided
to the offending website.
Indemnification
The customer agrees to indemnify and hold Chilihost company.
and its affiliates, employees, agents and representatives
harmless
from and against
any and all claims, demands, liabilities,
expenses, losses, damages and attorney fees arising from
any and all claims and lawsuits for libel, slander, copyright,
and trademark violation as well as all other claims resulting
from (i) the participation of the customer in the Chilihost
company. hosting network , (ii) operation of the customer's
web site
or any
URL submitted to Chilihost.
for
participation in the Chilihost. or (iii) otherwise
arising from customer's relationship with Chilihost.. The
customer also agrees to indemnify Chilihost
for any
legal fees incurred by Chilihost,
acting reasonably, in investigating or enforcing its rights
under this agreement.
CHILIHOST COMPANY CONTENT
AND SERVICES ARE PROVIDED ON "AS IS" AND "AS
AVAILABLE" BASIS.
CHILIHOST DISCLAIMS ANY IMPLIED WARRANTIES. CHILIHOST COMPANY.,
ANY OF ITS EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE
HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES
RESULTING
IN USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES
PROVIDED BY CHILIHOST, INCLUDING DIRECT OR
INDIRECT, PUNITIVE,
AND INCIDENTAL RESULTING FROM ANY FAILURE TO PROVIDE SERVICES,
SUSPENSION OF SERVICES, OR TERMINATION OF SERVICES.
CHILIHOST SHALL NOT BE LIABLE
FOR THE PERFORMANCE, OR NONPERFORMANCE OR DELAY OF SERVICES
PROVIDED. THERE SHALL
BE NO EVENT, INCLUDING BUT NOT LIMITED TO THE LOSS OF WEBSITE
DATA, LOSS OF BACKUP DATA, THE INABILITY TO PROVIDE A RECENT
OR COPY OF YOUR WEBITE DATABASE AND INFORMATION, OR WEBSITE
DOWNTIME OR WEBSITE LOSS RESULTING IN DAMAGES. MIDPHASE'S
ENTIRE LIABILITY AND YOUR MAXIMUM EXCLUSIVE REMEDY WITH
RESPECT TO
ANY CONSIDERED LOSS OF GOODS OR PROFITS WILL NOT EXCEED THE
GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNT PAID IN CASH
BY YOU TO MIDPHASE FOR THE CORRESPONDING MONTH.