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Updated January 12th, 2004
Thornhill Host Terms and Conditions.
Thornhill Host reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. Thornhill Host strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Thornhill Host customers and us against such harm.
Payment Policies, Fees, Refunds and Terms of Agreement -
Full payment is required before any hosting service commences, which includes renewals. Payment is due on or before your invoice due date. Billing will continue until you cancel your hosting account. You may cancel at anytime. We do not offer credits or refunds for hosting time already expended.
This only applies to cancellation by the client. If cancellation is done by Thornhill Host due to restrictions violation, there will be no refund. Thornhill Host will only allow for the discount if cancellation is not the fault of the client, as determined by Thornhill Host. All monetary transactions are in $US or $CAD dollars. Additional features can be added at any time. Thornhill Host reserves the right to change prices at any time.
Thornhill Host reserves the right to suspend an overdue account without notice. Furthermore, Thornhill Host reserves the right to completely remove a web sites from its servers should non-payment exceed three (3) consecutive months. Should this happen, account information may be forwarded to our collections agency.
Account Cancellation -
You may cancel at anytime. To cancel your account, please submit a support ticket which includes your domain, login and password. Please allow up to 48 hours for confirmation. Please note that we cannot refund your current monthly payment. For annual accounts, we may refund your account up to 50% of the yearly fee.
Indemnification Policy -
You agree to use all Thornhill Host services and facilities at your own risk. Thornhill Host specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Thornhill Host be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Thornhill Host harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Thornhill Host, its agents, its customers, officers and employees, 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 Thornhill Host against liabilities arising out of:
- Any injury to person or property caused by any products sold or otherwise distributed in connection with Thornhill Host' server;
- Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- Copyright infringement
- Any defective products sold to customer from Thornhill Host's server.
Thornhill Host shall be the sole judge of what violates this Policy.
Server abuse policy -
If we determine that any site on our servers is using too much of the server's resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us and formulate a plan to get that domain activated again. We are quick to suspend any domain that abuses the server's resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.
No mass email marketing or free email businesses allowed!!
We do not allow mass email marketing sites on our servers. It doesn't matter if it's opt-in email marketing. We simply do not allow sites of that nature to be hosted on this shared environment. Sites such as "safe lists" and "free email" are also strictly prohibited. We reserve the right to shutdown such sites, that we consider harmful to the server's performance.
SPAM Policy -
Thornhill Host is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Thornhill Host network, by customers or any other users of the Thornhill Host network (including customers' customers); AND/OR over ANY networkÑ if the message sent advertises or mentions a site hosted on the Thornhill Host server.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an Thornhill Host email address or web site URL is prohibited. The use of Thornhill Host servers as a mail drop for responses to activities described above is also prohibited.
If your domain is involved in spamming activities, and your account is subsequently terminated, then you do not have the right for a refund. This also includes if you have paid for additional services, such as installations of software or IP addresses.
Resellers: If one of your customers is involved in spamming, then we will suspend their site and not your main WHM account. If you have any complaints or comments regarding Spam on our network, please direct them via email to abuse@infinity.ws.
Overselling Policy -
Thornhill Host may allow our clients to oversell their WHM resources. If we feel that a client's WHM account is too oversold, then we have the right to upgrade that account, through consultation with the client. This policy is to prevent the abuse of resources through Thornhill Host clients overselling their resources and causing harm to others on the same server.
No Unlimited disk space or Unlimited data transfer allowed.
Resellers: Thornhill Host has the right to refuse service, or discontinue services to those clients who use their Thornhill Host WHM account and promote "Unlimited disk space and Unlimited data transfer" hosting accounts. We take this rule extremely seriously and have no hesitiation to refuse or discontinue services to any clients who is in breach of this policy.
Content Policy -
All services provided by Thornhill Host 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, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Thornhill Host from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography is prohibited on some of Thornhill Host servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Thornhill Host will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to Thornhill Host servers or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software.
- Hacker programs or archives.
- Warez sites.
- Online gambling.
Any illegal activity, including adult content, links to adult content web sites, online gambling, spamming or hacking will result in your site being shut down and is subject to a fine.
Thornhill Host will be the sole arbiter as to what constitutes a violation of this provision.
SSH Policy -
Thornhill Host enforces a strict "No SSH" policy. Any domain that uses a script which can be used to elevate privileges or enable SSH services, will be instantly suspended.
CGI Scripts Policy -
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, (as long as they are not on our banned script's list) however we reserve the right to disable any CGI script that affects normal server operation or service to other Thornhill Host customers. You will be notified in 24 hours about offending cgi script.
Thornhill Host is not responsible for the scripts you install on your account. It is not our responsibility to ensure your scripts function. Please don't expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.
Thornhill Host provides technical support for the Server & Server related software. Any scripts included in the Control Panel are 3rd Party scripts and are not supported by Thornhill Host, however you may ask for assistance from our members in our forums.
Traffic Policy -
Thornhill Host allows for very generous traffic, and most sites never exceed 300MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Thornhill Host' customers are discouraged from storing any files that cause excessive traffic on Thornhill Host servers (such as illegal software/music). Please contact Thornhill Host Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.
Any deliberate attempt to cause damage to Thornhill Host or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.
Backups -
Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client's responsibility to maintain local copies of their web content any information.
The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of Thornhill Host, we will attempt to recover the date at no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Thornhill Host will attempt to recover the data from the most recent archive for a nominal fee.
Support Policy -
It is the client's responsibility to have a good working knowledge of aspects of their site's operation. Please do not expect the Thornhill Host support staff to teach you how to use aspects of the tools at your disposal. You can post questions like this in our forum and interact with other Thornhill Host' members for help etc.
Uptime Guarantee -
Thornhill Host guarantees that you're site will be up at least 99.5% of the time during a 1 (one) month period, however we are not responsible for downtime due to the following things: Acts of gods, abuse of server by another client, backbone/dns outages and cgi script overloads. If you would like to request a credit for downtime, you must send an email to sla@infinityws.com and include the time and day of the incident. We can only issue credits at this time.
Domain Registration -
Thornhill Host can register domains on behalf of the user. Domains will be registered once payment is received and are non-refundable. You must abide by the terms linked at the bottom of this page entitled "Domain Name Terms".
Reseller Packages -
Thornhill Host reseller packages include several FREE services that are only available to users through our packages.
Cancellation must be made 30 days prior to the next invoice date. Should you decide to cancel the service, but choose to keep the services marked FREE, a charge of $200USD will be applied to your invoice. Please note that not all services are available for buyout.
Each package includes a FREE leased license to ClientExec, an award winning, client management system. Thornhill Host will provide each customer with a leased license that will expire upon cancellation of services. Thornhill Host will provide complete support and installation for ClientExec as well as perform upgrades on the software upon release. Thornhill Host cannot provide support to users who modify the code of ClientExec.
Thornhill Host reserves the right to cancel this special at anytime without prior notice.
LearnAlong's Flash Tutorials are provided free of charge to reseller clients. Each tutorial will include the LearnAlong logo. It can be removed immediately for a fee of $20US or after a lapse of 1 year.
An eNom reseller account is also included so that you may offer domain registration services to your clients. All users must agree to eNom's terms of service.
This reseller special is subject to a 14 day money back guarantee.
Thornhill Host reserves the right to amend our Terms and Conditions at any time and without notice. It is a good idea to check back every few weeks to see any changes and additions.
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