TERMS OF SERVICE

Guarantee:
Since 2003, websites hosted through Managed-Host have had a less than 1% average downtime.

All hosting accounts have a full money back guarantee, upon cancellation within 60 days of payment, if the account holder is not satisfied for any reason regarding the services provided by Managed-Host. The amount refunded will be the dollar amount paid to Managed-Host, by the account holder, less any bandwidth overage charged to that account for the first 60 days of service. Domain registration fees are not refundable. If we register a domain name, on your behalf, as part of a free registration promotion - you must keep your domain name under our current domain name registration services (as of 2003, that service is eNom through Managed-Host.net). Cancellation or termination of your account will void the promotion offer and you will be charged $15 for your domain name registration.

You may cancel your hosting account at any time. Refunds for accounts cancelled after the first 60 days will be granted less the dollar amount for 1/12 the annual hosting account price, times the number of full and partial months the account was active. Any bandwidth overage will be deducted before refund is granted. In other words, Managed-Host will refund you ONLY for the full months that you have not used. You are responsible for making sure that we have your current and correct contact information on file, by frequently logging into your billing account.

We will make every reasonable attempt to avoid unexpected server downtime and to ensure that all accounts are well taken care of. We cannot guarantee or predict server downtime. Any network problem, or outage, is not covered under any guarantee or warranty and will not be grounds for reimbursement for any subsequent financial damages or losses. All account data backups are the account holder's responsibility. Managed-Host is NOT responsible for your data backup or subsequent loss. Shared hosting accounts should not be used for mission critical websites or email that require absolute redundancy.

Unsolicited E-mail (anti-spam policy)

Accounts caught sending unsolicited, as defined by Managed-Host*, email or UseNet postings, either through our servers or to promote a web site on our servers will be terminated immediately, will not qualify for a refund and will be charged $20 per complaint filed. Accounts terminated for sending unsolicited email or UseNet posts give up all rights to any content, files, backups and technical support associated with this and ALL accounts hosted on any and all Managed-Host servers and network. 

Managed-Host reserves the right to investigate accounts accused of sending unsolicited emails, or UseNet postings, in any way deemed necessary. This includes suspending the accused account, during the pending investigation.

Sites promoting, advertising or otherwise making available tools, information and/or software for the purpose of sending unsolicited email or UseNet postings will be shut down without notice. We reserve the right to cancel all hosting accounts, of anyone having an account suspended for sending spam. We will make available, upon request, the source of the complaints. We will NOT make available the actual complaint, if it means giving out individual contact information of the person filing the complaint. WE STRONGLY SUGGEST THAT YOU AVOID USING THIRD PARTY MAILING LISTS - EVEN IF THEY ARE GUARANTEED TO BE CLEAN!!!

Although we have a ZERO TOLERANCE POLICY on unsolicited email/spam, we are not unreasonable. Since 2003, we have shut down an extremely small percentage of accounts for sending Unsolicited Email. However, we can and will enforce our Terms of Service.

*Unsolicited is defined, by Managed-Host as: E-mail sent to recipients who have not asked to be contacted by you or Usenet postings (that are cross-posted to more than three newsgroups and/or posted in newsgroups where this is against that groups FAQ or charter), for the sole purpose of promoting a website or commercial business on our servers.

Excessive Bandwidth Use

If your hosting account, with Managed-Host, goes over the bandwidth allowance set for that account, you agree to pay for that overage. All of our Ensim hosting accounts have bandwidth restrictions set. If you reach your designated bandwidth limit, your account will remain active, and you will be charged for any additional bandwidth at the price of $1.00 per Gigabyte.

Currently, the rate charged for bandwidth is $1.00 per Gigabyte. If your account goes over its bandwidth allowance for the month, you must either upgrade your account (before the end of the month) or pay additional bandwidth charges in the amount billed by Managed-Host. All bandwidth/traffic/disk space amounts are measured in MBytes/GBytes.

Account Termination

Violation of our anti-spam policy will be grounds for immediate account termination. Web sites deemed offensive, Pornographic or racially degrading, by Managed-Host, will be removed from our servers without notice. Abusive behavior of any type will not be tolerated. Web sites promoting, making available or otherwise contributing to software piracy, hacking, spamming, denial of service attacks and/or damage to commercial networks or servers will be removed from our servers without notice and illegal acts will be reported and prosecuted. Free For All (FFA) link sites and using your account for IRC/BBN purposes is not allowed on our servers. 

Accounts using up enough server resources, to slow or crash a server, will be shut down without prior notice. Websites with heavy traffic should not run BBS, web cams, forums and message board programs on our general hosting accounts, due to the massive amount of server resources they require. If an account is shut down, due to server resource issues, we will (upon request) make a reasonable effort to help get the account unsuspended. This includes tracking down the offending program, if applicable, and/or making available other arrangements for hosting the account on a semi-private or private server (additional fees may be required). Third-party installed versions of FormMail are forbidden, due to the security risk they pose. We have FormMail scripts available for all accounts on our network. Please request a FormMail script from our support department, and specify which you whether you would prefer a PHP or CGI FormMail script. We do not allow ANY Matt Wright scripts to be installed on our servers. For a list of the Matt Wright banned scripts, please see: www.scriptarchive.com 

All server activity is logged. Any snooping, hacking, or other inappropriate activity of any type outside of your account, on our servers, will be grounds for termination.

In addition, your account is for web and email use only, any other activities, at our sole discretion, will be grounds for termination as well.

This Terms of Service may be amended, at any time, at the discretion of Managed-Host All accounts are required to comply with any changes made to these policies. Notification of any major changes to the policies will be emailed to the email addresses we have on file for all account holders.

If you are unsure if what you are doing is against our TOS, contact us. There are no refunds granted for accounts terminated due to TOS violation.

Domain Name Registration and Renewal Policy

Managed-Host will make every effort to register, transfer and/or renew your requested domain name. This is not a guarantee that your requested domain name is available for registration, transfer and/or renewal. Your domain name may go unregistered, untransferred and/or renewed, due to circumstances beyond our control, and will not be grounds for compensation of financial loss.

An order for domain name registration, transfer and/or renewal, does not guarantee domain name registration, transfer and/or renewal. Domain names will not be registered, transferred and/or renewed until payment is received. If requested domain name is paid for, to Managed-Host, and subsequently not registered, transferred and/or renewed by Managed-Host, the domain registration fee will be refunded.

By placing an order for domain registration, you agree to the Uniform Domain-Name Dispute-Resolution Policy, IP Claim Service Agreement and Registration Agreement.

Managed-Host makes no warranties of any kind, whether expressed or implied, for services. Managed-Host disclaims any implied warranties of merchantability or fitness for any particular purpose. Managed-Host will not be held responsible for any losses or damages resulting from delays, non-deliveries, miss-deliveries, service interruptions, or Customer's or Managed-Host errors or omissions. Managed-Host will not under any circumstances be responsible for consequential damages.

Managed-Host reserves the right to suspend or terminate accounts for any reason, if, in Managed-Host opinion, the Customer is disrupting or threatening the operation of this site and/or the Internet or its components. In the context of this AUP, using other sites or servers to abuse the net via Managed-Host access is regarded the same as using Managed-Host site.

These rules cannot be superseded by any verbal agreements of Managed-Host employees or customers. Any agreement modification or special changes to this AUP must be in writing and signed by an officer of the Company.

The laws of Texas shall govern the validity, construction and performance of this TOS and Customers agreement to abide by it.

If any provision of this policy is held by a court to be contrary to law, the remaining provisions will remain in full force and effect.

Any abuse of these policies should be reported immediately to:
abuse@managed-host.net