Term of Service ChaliceHost.com (refered hereinafter as "ChaliceHost.com", "ChaliceHost", "us", "our", and "we" that not case sensitive) is an internet-related service provider and "user", "customer", "customers", "client", "clients", "you", or "your" (also not case sensitive) means you. This term of service ("agreement") contains the complete terms and conditions which govern your subscription of web hosting, e-commerce and other internet-related services (the "services") provided by ChaliceHost.com. All of customers account on our server including single domain account, reseller and it's resold account, are subject to the terms and conditions of service described in this document. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to be bound by terms and conditions which described below. This agreement made in order to protect ChaliceHost from unlawful activity and to ensure all customers have best service from us. ChaliceHost reserves the right to change this term of service at any time, with or without notification. User Conduct All services provided by ChaliceHost may only be used for lawful purposes. Transmission, storage, or presentation of any information, data or material in violation of laws in Republic of Indonesia, or your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene. Also prohibited are sites that promote any illegal activity or present content that may be damaging to ChaliceHost servers. Links to such materials are also prohibited. Any illegal activity, including illegal adult content, links to illegal adult content web sites, pirated software, serial number (S/N), illegal mp3, spamming, phreaking, cracking or hacking will result in your site being shut down and all your files deleted without warning or confirmations. Adult content is not allowed. Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any laws also prohibited. You may also not restrict or inhibit any other user from using and enjoying the Internet. ChaliceHost reserves the right to the final decision on what constitutes abuse or to refuse service and/or access to its servers to anyone it deems necessary. Server and resource usage ChaliceHost hosting plans are to be used by the primary owner only. Clients are not permitted to resell, store or give away web-hosting services of their website to other parties, unless they have prior permission from ChaliceHost, or are using one of our reseller plans. Client may occupy only the amount of disk space allocated to you, and utilize no more than the network bandwidth that is allotted by the plan in which the user has chosen. Additional fees, specified in the 'Package Comparison' page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan. Customers may not initiate the following on our servers: Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD or IRC bots. Run any software that interfaces with an Internet-Relay-Chat ("IRC") network. Run any process that requires more than 8Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed. Run any site with adult-oriented content, including but not limited to any pornographic material. Users are also required to abide by the following: Databases are only to be used for ChaliceHost-hosted web sites, and NO outside access will be granted. Regading to high resource usage customers, ChaliceHost may implement the following policy to its sole discretion to any customer which manipulating cpu utilisation and / or resource: When a website is found to be monopolising the resources available, ChaliceHost reserves the right to suspend or terminate that account immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. An agreement is normally reached with a client, allowing them to upgrade their web hosting plan for an additional fee. ChaliceHost doesn't allow the usage of any type of bulletin board system which using flat file instead of databases. Use of these type of bulletin boards for large or very active forums, results in system performance degradation, and cannot be allowed in our shared server environment. ChaliceHost suggests using VBulletin, phpBB, openBB or XMB as a more efficient, database-driven alternative to any flat file type of bulletin boards. ChaliceHost must apply this server and resource usage policy in order to keep the server speed and fairness to others. Because a virtual server is shared, there are many user per-machine. In all fairness, ChaliceHost cannot allow one or two clients to use all of the system resources on a shared machine and have all other clients on the machine suffer because of it. Excessive CPU usage by one or more clients causes extreme slowness in all areas: FTP, Telnet, Web Sites and more. If the CPU usage gets too far out of hand, all sites hosted on the machine will return ERRORS and cannot be accessible in any way. All accounts that are found to using excessive amounts of system resources will receive an email warning from us. This warning will inform you that there is too much server-side program/scripts running and it will provide options for reducing the server usage or upgrading your plans. If you do not reduce the usage within 24 hours of the email being sent, your program/scripts will be disabled. Client agrees to use only properly licensed third party software in connection with clients use of the services. Pre-Installed Scripts Although ChaliceHost.com give it's customers several pre-installed scripts, we do not give any kind of support to setup or customize those scripts. Customer are responsible to setup and/or customize the scripts they want to use in customer's web site. Back-Up Files Client will have the ability to reinstate files which are automatically archived by ChaliceHost, however, ChaliceHost does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, client is responsible for making any back-up files in connection with its use of the services. Backup capability is available through the clients Control Panel. Mailing List Usage Policy All usage of our mailing-list service must be confirmed to: Not using HTML version (text only); No attachment allowed on every email; No digest version; and Must agree to abide by our anti spam policy No SPAM Client shall not use the ChaliceHost services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices, or otherwise, that mentions or reference any domain hosted by ChaliceHost servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, RESELLERS AND THEIR RESOLD ACCOUNTS, DEDICATED SERVER CUSTOMERS, AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined! Refer to our anti SPAM Policy). Client Liability and Indemnification Client agrees to use all ChaliceHost services and facilities at their own risk. Client agrees that it shall defend, indemnify, save and hold ChaliceHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ChaliceHost, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product/service sold by client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless ChaliceHost against liabilities arising out of: Any injury to person or property caused by any products sold or otherwise distributed in connection with ChaliceHost's servers; Any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party; Copyright infringement; and Any defective products/services sold to client from ChaliceHost's server. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and web site contents. Refusal or discontinuation of service ChaliceHost reserves the right to refuse or discontinue service to anyone at ChaliceHost sole discretion. ChaliceHost may deny your access to all or part of the service without notice if you engage in any conduct or activities that ChaliceHost in its sole discretion believes violates any of the terms and conditions in this agreement. ChaliceHost shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that ChaliceHost has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. ChaliceHost reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. ChaliceHost also reserves the right to refuse refunds in cases where we believes abuse has taken place. Payment Policies All accounts are set up on a prepay basis. ChaliceHost reserves the right to change prices of accounts or services at any time. You agree to supply appropriate payment for the services received from ChaliceHost, in advance of the time period during which such services are provided. You agree that until and unless you notify ChaliceHost of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellation requests must be sent to billing@chalicehost.com at least fourteen (14) business days prior to your next billing date. In situations where the client's card number on file is declined, ChaliceHost will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, ChaliceHost reserves the right to suspend other services until the outstanding debt is cleared. The client is responsible for all money owed on the account from the time it was established to the time that the client sends an emailed cancellation request. All invoices will be sent directly to clients via email shortly after the online purchase has been made. At this point the client's card will be charged automatically. Taxes Client will pay and indemnify and hold ChaliceHost harmless from any and all taxes associated with or arising from client's use of the services, including any penalties and interest and any costs associated with the collection or withholding thereof. Cancelation and Refunds ChaliceHost reserves the right to cancel a clients account at any time, if it is found that the client contravened ChaliceHost's terms of service. The clients account will be terminated immediately, and a refund will not be provided. Clients may cancel their account at any time. Money-back Guarantee Each web hosting plan includes a full 30-days money back guarantee. If you are not completely satisfied with our services within the refund time period specified for your plan, you will be given a full refund of the contract amount excluding overages. There are no refunds available for clients after the initial 30 days period. This policy does not apply to any additional services such as overages, disk space, bandwidth, maintenance fees, script installation fees, domain registration fees, etc. Accounts cancelled/terminated by ChaliceHost for violating our Service Usage Policy do not qualify for the 30-day money back guarantee. Only first-time accounts are elegible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be elegible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, contact our billing departement at billing@chalicehost.com. Please note that ChaliceHost.com will not be responsible for any differences in the refund due to fluctuation in International currency rates. Disclaimer of Warranty The services, the ChaliceHost site, including without limitation, all products and services displayed or offered on the ChaliceHost site, and all text, graphics, links and applications are provided to client on an 'as is' basis and without warranty of any kind. ChaliceHost disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. without limiting the generality of the foregoing, ChaliceHost specifically disclaims any warranty that the services will be uninterrupted or error-free; defects will be corrected; there are no viruses or other harmful components; and the security methods employed will be sufficient. No advice or information given by ChaliceHost or its agents or employees shall create a warranty. Under no circumstances shall ChaliceHost be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties use of the service to access your web site, or to access the Internet or any part thereof, or your or any third parties reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with ChaliceHost service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service. You understand that by placing information on ChaliceHost's servers that such information becomes available to all Internet users and that ChaliceHost has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of ChaliceHost's servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through ChaliceHost or on the Internet generally. Your use of the service is at your sole risk. ChaliceHost is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on ChaliceHost servers. You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by ChaliceHost, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future ChaliceHost policy decisions. You agree that ChaliceHost reserves the right to monitor any and all communications through or with our facilities. Account-Holder Identification Information You agree that you as the person legally responsible for all use of this account, are at least 17 years of age. If you are under 17 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply ChaliceHost with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use. Agreement Acknowledgement This agreement supersedes any written, electronic, or oral communication you may have had with ChaliceHost or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable. By placing and continuing to maintain or place information on our servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them. ---===--- Published: January 09, 2003 Last Updated: