HOSTING POLICIES
(Terms of Service (TOS) and Authorized Use Permit (AUP))
The Basics (but not limited to) in plain English:
1. Nothing illegal! - no illegal spamming, illegal
pornography, unsolicited email (opt-ins are ok), warez, serial
numbers, cracks, codes, stolen MP3's etc...
2 . No Server abuse.
3 . We bill monthly - there are no long-term contracts.
4 . If you violate any of the above policies, Crazy Hosting 4
U will
cancel your account (we always contact you first).
5 . 30 day money back guarantee does not apply to dedicated
and co-located accounts. You lose your 30 day money back
guarantee if you violate any of the above policies.
6. No IRC on the main Crazy Hosting 4 U networks.
The Legal Version
Authorized Use Policies (AUP)
(for all accounts) Crazy Hosting 4 U (Crazy
Hosting 4 U ) has
certain ethical, legal and moral responsibilities consisting
with the use of its servers and equipment involved in the
services of web site hosting, marketing and design. Crazy
Hosting 4 U
reserves the right to suspend, deny or cancel a subscriber's
access to any or all services provided by Crazy Hosting 4 U whenever
Crazy Hosting 4 U decides the services it has rendered have been
inappropriately used. Use of Crazy Hosting 4 U service constitutes
acceptance and agreement to our policies.
Web Site, Server, and Network Content/Use Provisions
(for all accounts) All services provided by Crazy Hosting 4
U and
its underlying service providers may be used for lawful
purposes only. Transmission, storage, or presentation of any
information, data or material in violation of any United
States federal, state or city law is prohibited. This
includes, but is not limited to: copyrighted material,
material we judge to be threatening or obscene, material
protected by trade secret and other statutes, material that
would cause harm to minors, threats and harassment, forgery,
fraud, unfriendly network disruptions, and distribution of
viruses. The subscriber agrees to indemnify and hold harmless
Crazy Hosting 4 U from any claims resulting from the use of the
service which damages the subscriber or any other party. The
subscriber also agrees that Crazy Hosting 4 U may disclose, without
subscribers consent, any and all information related to the
subscriber and their service with Crazy Hosting 4 U to any law
enforcement agent who makes a written request.
Crazy Hosting 4 U is not responsible for any material input by
anyone other then Crazy Hosting 4 U and/or posted to the
Crazy Hosting 4 U
network by anyone other then Crazy Hosting 4 U . This includes the
content and links on websites hosted by Crazy Hosting 4 U .
Crazy Hosting 4 U
disclaims any liability and responsibility relating to
inappropriate use or inappropriate content of anything
hosted by Crazy Hosting 4 U that Crazy Hosting 4 U did not
solely create and
post to the Crazy Hosting 4 U network.
Pornography is prohibited on any Crazy Hosting 4 U server.
Crazy Hosting 4 U will be the sole arbiter as to what constitutes a
violation of this provision but in general if its legal for
all ages to see, its ok, if you have to be 18 or 21 to view,
then its not ok. Crazy Hosting 4 U also reserves the right not to host
sites that it considers, in its sole discretion, to be
religiously or racially offensive or inflammatory. Crazy
Hosting 4 U
will not host warez sites or anything related to, promoting,
or offering warez, serial numbers, cracks, illegal mp3's or
anything else that would considered illegal by the laws
governing the citizens of the United States and the state of
Arizona and the city of Glendale, Arizona.
Sending unsolicited email, hosting a website that is listed
in an unsolicited email, providing dns service for an
unsolicited email service are all prohibited on the Crazy
Hosting 4 U
Network. Opt-in lists are acceptable.
With the few exceptions listed above and below, we support
the uncensored flow of information and ideas over the
internet. We do not actively monitor the information that our
subscribers transmit and receive, however, we do react
immediately to any alleged violations of any of our policies
in which case we reserve the right to monitor anything on our
network and any packet of information that traverses our
network.
Bandwidth usage for dedicated and colocated servers: (for
dedicated and colocation accounts) Subscriber agrees to pay
for all bandwidth they use that is above the amount included
in their package, at the current rate which is listed on Crazy
Hosting 4 U dedicated server page. Subscriber may elect to have
their bandwidth capped at any amount at their choice, or they
may elect to have no cap and simply pay for the additional
bandwidth used above what is included in subscribers package.
Background-running Programs: (for virtual accounts) We may
allow programs to run continuously in the background. These
are considered on an individual basis and an extra charge may
be incurred based on system resources used and operational
maintenance needed.
IP address's: (Applies to dedicated and co-location
subscribers only, does not apply to virtual accounts.) All IPs
that are assigned to Crazy Hosting 4 U subscribers must be used
under the authorized use stipulations within 24 hours of being
assigned the IP. Authorized use stipulations are taken from
ARIN, the organization that manages IPs. There are to be no
unused IP's on Crazy Hosting 4 U networks, except those in reserve
for Crazy Hosting 4 U to assign its subscribers on an as needed basis.
subscribers are only allocated IPs that they will use within
24 hours. Subscribers are not allowed to keep IP's in reserve.
Crazy Hosting 4 U assigns and allows its subscribers to use IP
addresses that are owned or are given to Crazy Hosting 4 U to use.
Crazy Hosting 4 U retains ownership of all IPs assigned to
subscribers. Name-Based hosting must be used where possible as
per ARIN rules.
Server Abuse Issues: (for all accounts) Any attempts to
undermine or cause harm to Crazy Hosting 4 U servers or the servers of
its underlying service providers or a subscriber of Crazy
Hosting 4 U
or its underlying service providers is strictly prohibited.
Network Security: (for all accounts) Subscribers are
prohibited from violating or attempting to violate the
security of the Crazy Hosting 4 U network or any of its other
subscribers, and should a violation take place, civil or
criminal liability may result. Crazy Hosting 4 U will investigate any
alleged violations and cooperate fully with law enforcement.
Violations include but are not limited to the attempt to login
to any machine which the subscriber is not exclusively paying
for, interfering with any service by ddos attacking, mail
bombing or anything else that would be detrimental to the
services that Crazy Hosting 4 U provides, attempting to prob or scan
or test vulnerability of any machine on the Crazy Hosting 4 U network, forgeing any IP address, and taking any action in an attempt
to receive services that the subscriber is not paying for. A
violation of any of the above may result in immediate removal
from the network.
Any sub-networks or re-seller networks of Crazy Hosting 4 U must
adhere to all of these policies.
Terms of Service (TOS)
Right To Refuse Service and Cancel Accounts: (for all
accounts) Crazy Hosting 4 U reserves the right not to accept accounts
for hosting for any reason it deems appropriate. We also
reserve the right to cancel an account at anytime, for any
reason, other than those stated specifically in this policy
statement, with 10 days notice. Accounts that violate any of
the policies specifically stated herein, including late
payment or non-payment of fees owed, may be canceled with no
notice.
Communication
(for all accounts) Our primary means of communications with
clients, including for billing purposes and technical support
is by e-mail. You must supply us with your current e-mail
address so that we may contact you at any time. We cannot be
held responsible for not notifying you of account cancellation
if you do not supply us with your correct and current e-mail
address. You should check your e-mail regularly to make sure
you do not miss an important notice. We do have a toll free
number for subscribers to call.
Technical Support
(for all accounts) Technical Support is available 24/7/365
from our website under the technical support section.
For dedicated accounts, tech support is
limited to initial setup, and thereafter only network related
issues - the dedicated account holder must be or have someone
be the sysadmin for their computer. Crazy Hosting 4 U can support and
admin your computer but that service is not included in the
price of the dedicated server. For information on what it
would cost to have Crazy Hosting 4 U be the sysadmin on your dedicated
server email support@CrazyHosting4U.net.
For all Co-Located computers, tech support is limited to
initial setup and thereafter network problems only. The
Co-Located account holder must be or have someone be the sysadmin for their computer. Crazy Hosting 4 U can
support and admin your computer but that service is not
included in the price of the Co-Located server. Our standard hourly rate is
currently $125 per hour.
Note: As time permits, we do assist in technical support
beyond what is stated above and we even offer one-on-one
personalized training.
Deactivation
(for all accounts) If any of these terms or conditions are
not followed it will result in grounds for account
deactivation. We reserve the right to remove any account
without notice if any of the terms or conditions stated herein
are violated. If such an occurrence takes place, the fees for
that month's service will not be refunded to the subscriber.
Fees for the entire month are due if the account is active
even just one day during that month.
If we deem it necessary to cancel an account for any reason
other than those specifically stated in this document, we will
give you a 10-day notice of cancellation by e-mail.
Crazy Hosting 4 U reserves the right to make any changes to its
policies and Hosting plans, pricing, bandwidth providers,
IP's, and features offered at any time as necessary and in no
way implies fitness of purpose warranties. Crazy Hosting 4 U reserves
the right to refuse service to anyone. Crazy Hosting 4 U reserves the
right to determine what violates any of Crazy Hosting 4 U policies.
Payment Policies
(for all accounts) All charges are in U.S. Dollars. All
order forms are done via encrypted SSL on the Crazy Hosting 4
U website.
All accounts are set up on a pre-pay basis. Setup fees are
charged for all new accounts and major account changes and are
non-refundable. All pricing is guaranteed for the term of
pre-payment. The subscriber is responsible for all money owed
on the account from the time it was established to the time
that the subscriber notifies Crazy Hosting 4 U in writing for a
request for termination of services (see cancellation by
subscriber section below for details on how to cancel). All
payment is in U.S. currency and must be prepaid with Visa, MC,
Amex or Discover or paypal.
Subscribers may prepay multiple months in advance with a
discount applying for prepayments of 12 months, however, all
multiple month prepayments are non-refundable unless Crazy
Hosting 4 U
cancels the subscribers account. A subscriber who prepays and
then wants to downgrade their hosting package can do so, but
will not be eligible for a refund of any prepaid monies, or a
reduction in monthly charges until the prepaid period is up.
There is a $15 late fee for all payments that are not on
time. This includes all credit card payments that do not go
through as of the due date of the monthly payment because of
the card being declined or expired, no longer good, or any
other problem. The subscriber
authorizes Crazy Hosting 4 U to use whatever means necessary to effect
payment for overdue accounts or cancellation fees, if any.
This includes making the charge to the subscribers credit
card, even if the subscriber does not usually pay by credit
card. If a subscriber is late 3 times consecutively, the late
fee will be $50 and will increment by $50 for each month
subscriber is late thereafter, indefinitely.
For subscribers who pay by credit card, once a service is
10 days overdue for payment, service will be interrupted if
prior arrangements with Crazy Hosting 4 U have not been made. For
subscribers who pay by PayPal, once a service is 3 days
overdue for payment, service will be interrupted if prior
arrangements with Crazy Hosting 4 U have not been made. For
subscribers who pay by wire transfer, once a service is 3 days
overdue for payment, service will be interrupted if prior
arrangements with Crazy Hosting 4 U have not been made. For
subscribers who pay by check, once a service is 2 days overdue
for payment, service will be interrupted if prior arrangements
with Crazy Hosting 4 U have not been made.
If subscribers service has been disconnected for lack of
payment as per our payment policies and subscriber wishes to
reconnect service, there will be a $100 reconnect fee.
Crazy Hosting 4 U reserves the right to turn over any debts owed to
Crazy Hosting 4 U to a collection agency or to attorneys in that
order.
If the subscriber desires domain name registration,
registration of a new domain name is done through the
registrar of the subscribers choice and the fee paid is at the
discretion of the registrar. Domain Registration fees are not
paid to Crazy Hosting 4 U and are non-refundable.
Refunds and Disputes
(for all accounts) All payments to Crazy Hosting 4 U are
non-refundable. This includes the setup-fees and all
subsequent monthly recurring charges and any one time fees. If
you dispute a charge made to your credit card by Crazy Hosting
4 U and
it is found that the charge was valid, you agree to pay Crazy
Hosting 4 U a $100 administration fee.
Transfer of Service
(for all accounts) Subscriber shall not transfer their
service with Crazy Hosting 4 U to any other person or entity without prior
written consent from Crazy Hosting 4 U . If Crazy Hosting 4 U agrees to allow
the transfer of service, the new subscriber must agree to the
Crazy Hosting 4 U TOS and AUP.
Hacked Server Policy
When a server gets hacked, any recent backups that have
been made will very likely contain the hack. It is generally
not known when a hack was made to the server, and therefore
any nightly or weekly backups will likely contain the hack.
For this reason Crazy Hosting 4 U does not generally permit subscribers to
restore data from backups once a server has been known to be
hacked. It is neither in the best interest of the client, nor
Crazy Hosting 4 U and the network to use the suspect data. If the data
from the backup is needed, the standard procedure is for the
subscriber to purchase the old hard drive and have it shipped
to the subscriber. If for some reason any of the backed up
data is allowed to be used, and the server is hacked again
(within a week of the data being used), the subscriber will be
billed hourly for all work to redo the server again. If the
subscribers server has initiated a ddos attack on the Crazy
Hosting 4 U
network, and the subscriber uses any of the backed up data
after the server has been restored, and the subscribers server
initiates another ddos attack within a weeks time, the
subscriber agrees to pay an immediate $500 fine in addition to
all hourly fees associated with restoring the network and all
of the credits that Crazy Hosting 4 U might have to pay its subscribers in
order to meet its SLA. This is generally not a risk that a
subscriber will want to take.
Service Rates
(for all accounts) Subscriber acknowledges that the initial
costs and specifications of the service that the subscriber is
subscribing to have been disclosed to the subscriber. Crazy
Hosting 4 U reserves the right to change pricing and specifications of
its service at any time due to market fluctuations, cost to
provide service, changes in cost of hardware etc... When
changes are made to pricing or specifications of the service
Crazy Hosting 4 U is providing that result in lower pricing or in
better specifications, Crazy Hosting 4 U will make every
effort to pass
those changes on to the subscriber, however, in some
circumstances additional fees will apply. When changes are
made to pricing or specifications of the service Crazy Hosting
4 U is
providing that result in higher pricing or in lower
specifications, Crazy Hosting 4 U will make every effort NOT to pass
those changes on to the subscriber. Crazy Hosting 4 U is not obligated
to change the rates and specifications of subscribers existing
service for any reason at any time, and it will be at the sole
discretion of Crazy Hosting 4 U and based on financial evaluations of
what is required to keep Crazy Hosting 4 U a profitable operating
company, able to provide the highest quality services to the
subscribers.
Cancellation initiated by subscriber
(for all accounts) Subscribers must notify Crazy Hosting 4
U in writing when they wish to cancel their accounts and
must include in that writing the date they wish to cancel.
Cancellation must be initiated at least 30 days before the
cancellation date but not more then 60 days before the
cancellation date requested (after the first month of
service). Subscriber is responsible for and must pay in full
all fees during the 30 days including any monthly recurring
fees. Crazy Hosting 4 U will not pro-rate any charges. Notification to
Crazy Hosting 4 U of the transfer of the subscribers domain name from internic or associated organization to another hosting
provider does not constitute a cancellation as these are often
forged without the subscribers knowledge. Email is acceptable
for the written notice of cancellation to Crazy Hosting 4 U .
Term (length) of service
(for all accounts) All hosting packages are month to month
billing with the minimum being 1 month. Crazy Hosting 4 U does not
pro-rate monthly billing fees. Crazy Hosting 4 U does not require any
long-term contracts for any of its services.
Service Level Agreement
For dedicated and Co-location customers only, Crazy Hosting
4 U
guarantees 99.5% network uptime as a general rule excluding
scheduled maintenance and internet wide vulnerabilities
(things like linux slapper, sql sapphire and others that have
taken large parts of the internet down due to thing far beyond
the control of Crazy Hosting 4 U), although we average 99.98% uptime. Some
clients may have different uptime agreements based on their
packages. In the event the network uptime guarantee is not met
Crazy Hosting 4 U will refund 5% of the clients monthly package amount for
every 2 hours of downtime after the guarantee is not met, up
to and not to exceed the full monthly amount. Network is
considered unreachable if there is 100% packet lost between
Crazy Hosting 4 U and its backbone providers. Crazy Hosting 4
U cannot provide any
guarantees beyond its backbone providers. Downtime is measured
starting 10 minutes past notification of network failure via
our help desk ticketing system, or by telephoning Crazy
Hosting 4 U in the
event the NOC is not reachable. End of the downtime is when
there is no longer 100% packet loss between Crazy Hosting 4 U and its
backbone providers. Customer is responsible to notify billing@CrazyHosting4U.net
within 7 days of the incident if customer believes they are
entitled to a claim.
Subscriber acknowledges that the service provided is of
such a nature that service can be interrupted for many reasons
other than the negligence of the company and that damages
resulting from any interruption of service are difficult to
ascertain. Therefore, subscriber agrees that the company shall
not be liable for any damages arising from such causes beyond
the direct and exclusive control of Crazy Hosting 4 U. Subscriber further
acknowledges that the company's liability for its own
negligence may not in any event exceed an amount equivalent to
charges payable by subscriber for services during the period
damages occurred. In no event shall the company be liable for
any special or consequential damages, loss or injury.
Indemnification
(for all accounts) Subscribers agrees that it shall defend,
indemnify, save and hold Crazy Hosting 4 U harmless from any and all
demands, liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against Crazy Hosting 4 U , its
agents, its subscribers, officers and employees, that may
arise or result from any service provided or performed or
agreed to be performed or any product sold by subscriber, it's
agents, employees or assigns. Subscribers agrees to defend,
indemnify and hold harmless Crazy Hosting 4 U against liabilities
arising out of; (1) any injury to person or property caused by
any products sold or otherwise distributed in connection with
Crazy Hosting 4 U server; (2) any material supplied by subscriber
infringing or allegedly infringing on the proprietary rights
of a third party; (3) copyright infringement and (4) any
defective products sold to subscriber from Crazy Hosting 4 U server.
This means if Crazy Hosting 4 U is sued because of a subscriber or a
subscriber of an Crazy Hosting 4 U subscriber's activity, the
subscriber will pay for any and all damages and associated
court costs and attorneys fees that Crazy Hosting 4 U incurs.
Disclaimer
(for all accounts) Crazy Hosting 4 U will not be responsible for
any damages your business may suffer. Crazy Hosting 4 U makes no
warranties of any kind, expressed or implied for services we
provide. Crazy Hosting 4 U disclaims any warranty or merchantability
or fitness for a particular purpose. This includes loss of
data resulting from delays, non-deliveries, wrong delivery,
and any and all service interruptions caused by Crazy Hosting
4 U and
its employees. Subscriber acknowledges that the service that
is provided can be interrupted for reasons other then the
negligence of Crazy Hosting 4 U . Subscriber agrees that Crazy
Hosting 4 U
cannot be held liable for any damages arising from any
disruption of service that is outside the direct and exclusive
control of Crazy Hosting 4 U . Subscriber also acknowledges that the
absolute limit of any liability for anything for any reason to
any subscriber at all can never exceed an amount equivalent to
the charges payable by the subscriber to Crazy Hosting 4 U during the
period in which damages are alleged to have occurred. Crazy
Hosting 4 U
reserves the right to revise its policies at any time without
notice. Subscribers must adhere to the policies and changes as
they are made.
DISPUTE RESOLUTION AND GOVERNING LAW.
(for all accounts) This agreement shall be governed by and
construed in accordance with the laws of the City of Glendale,
and to the extent such courts have jurisdiction, by the State
of Arizona or the United States District Courts located in
Arizona. The parties hereby agree that the appropriate forum
for any disputes arising out of this Agreement or the
transactions contemplated hereby shall be the city courts of
Glendale, the state courts of the State of Arizona, and the
United States District Courts located in Arizona, and the
parties hereby irrevocably consent to the exclusive and
personal jurisdiction of such courts.
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