CGH TOS

Terms of Service / Acceptable Use Policy / Privacy Policy / Hosting Refund Policy

POLICY LAST UPDATED ON FEBRUARY 22, 2014 most recent updated section will have three asterisk’s before the changes such as ***

The use of services from Country Girl Hosting, [hereafter referred to as “Country Girl Hosting”] constitutes agreement to these terms.

Hosting Refund Policy

If you are not completely satisfied with our hosting services, you may be eligible for a refund by sending your request in writing to our support department within seven (7) days of completing your new order. All other sales are final, i.e. domain registrations, SSL Certificates, etc. are non-refundable items and will be deducted from your order total, before you receive your pro-rated refund. By placing your order with Country Girl Hosting, you agree to these terms.

*** Acceptable Payment’s

All payment options offered by Country Girl Hosting, through Paypal/2CO/M.O./Check must have our clients name on the method of payment that is submitted. If it does not match this criteria, we reserve the right to refuse/refund your payment and mark your account “unpaid”. This could result in a late fee if acceptable payment methods are not submitted in a timely manner. This option will help Country Girl Hosting, avoid fraudulent payments, thus allowing Country Girl Hosting, LLC to offer you better service in the future. Any payment method not in our clilents name must be pre-authorized by Country Girl Hosting.

Account Setup / Email on File
We will setup your account after we have received payment and we and/or our payment partners have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not at the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current and/or up to date at all times. Providing false contact information of any kind may result in the termination of your account. No refunds will be given.

Content
All services provided by Country Girl Hosting may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply. The customer (you) agrees to indemnify and hold harmless Country Girl Hosting, officers and/or staff from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is strictly prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email the abuse department with the information required. If the request is of a licensing issue, we may require further documentation. No refunds will be given.

A. Examples of unacceptable material include: IRC Bots, Proxy Scripts, Anonymizers, Pirated Software, Warez, image hosting only sites that do not host an actual domain/normal website content, Escrow, High-Yield Interest Programs(HYIP), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds, rpg’s, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities. No refunds will be given.

B. We reserve the right to refuse service to anyone. Any material that in our judgment that is obscene or threatening is prohibited and will be removed from our servers with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you. No refunds will be given.

C. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita). Any site found to host child pornography or linking to child pornography will be terminated immediately without notice. We will also report this to the appropriate authorities. No refunds will be given.

D. Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account. No refunds will be given.

E. Direct customers: Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency. No refunds will be given.

F. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible.

Zero Tolerance Spam Policy
A. We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. No refunds will be given.

B. Mailing Policy and Limits: There is a 500 hourly outbound email limit per domain this limit is also applied towards mailman. If you send over this amount in any hour most of the e-mails will bounce back with an undeliverable error. Many of our servers have a 30 pop checks per hour limit per domain. If you go over this you are likely to get a wrong password error message saying login incorrect. Just wait an hour and it will automatically unlock you. To prevent this from happening again make sure to disable auto checking or at least set it to something higher such as 10 minutes. Maximum of 12,000 outbound emails per day (24 hr x 500/hr).

C. Any mailing list larger than 5,000 will require a semi dedicated or dedicated hosting solution from us. Note: dividing one large list into smaller lists to get below this limit is not allowed. No limit to the number of outbound emails.

D. Mailing Lists Rules: Anytime you are sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 6 seconds. If the mailing list software you are using does not allow you to throttle you must switch to something else. We recommend phplist which can be found in your control panel under Fantastico DeLuxe. If you do not throttle and you try sending let’s say 500 emails the server will try sending all 500 in 1 second which is not possible. This will cause the server load to go very high and for the entire server to be sluggish until this process is completed. It is our job to keep the server up and running without being sluggish. Anyone who causes the servers load to go high will be suspended and the process will be terminated. If you choose not to throttle you will most likely be suspended for crashing the server. No refunds will be given.
E. Any mailing list over 900 emails is only allowed to be sent during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1am – 8 am eastern time M-F.
F. You are not allowed to mail to a mailing list you were given or purchased. This is spamming because they never agreed to you personally sending them mail. We do not care how you justify it, this is spam and will result in termination of the offending account. No refunds will be given.
G. Any unsolicited e-mail being sent will result in termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail. No refunds will be given.
H. Every mailling list MUST comply with all guidelines set forth by the United States of America. These can be found at: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm

I. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. No refunds will be given.

J. MommasHosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Country Girl Hosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Country Girl Hosting and will not be less than $50 or $50 each man hour of time utilized, whichever is greatest.

Domain Registration/Renewals/Transfers
Domains registered by, renewed by or transfered to Country Girl Hosting, services are non-transferable. This includes being transfered to another registrar by any means including changing ownership. All domain sales are final. No refunds will be given.

Payment Information
A. You agree to supply appropriate payment for the services received from Country Girl Hosting, in advance of the time period during which such services that are provided is due. You agree that services will continue to be charged unless you notify Country Girl Hosting of your desire to cancel any and/or all services received, those services will be billed on a recurring basis according to your current pricing structure (i.e. domain fees, hosting fees). Cancellations must be done in writing via the account services support department.
B. Country Girl Hosting reserves the right to change any and/or all fees at anytime.

Backups and Data Loss
Your use of the services rendered is at your sole risk. Country Girl Hosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on Country Girl Hosting servers. Your server may or may not have automatic backups installed. Servers that have automatic backups are generally done on Sunday. Backups can be made through cPanel.

Cancellations and Refunds
Country Girl Hosting reserves the right to cancel any account at any time with or without notice. Any abuse of our Terms of Service / Acceptable Use Policy /Privacy Policy and/or staff in any medium or format will result in the suspension or termination of your services. Customers may cancel at any time via a cancellation request in writing to the account services support department. Domain name purchases/renewals are non-refundable. All purchases from Country Girl Hosting are final. No refunds will be given.

Resource Usage
A. Customer (you) may not use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
B. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
C. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
D. Run any software that interfaces with an IRC (Internet Relay Chat) network.
E. Run any bit torrent application, tracker, or client.
F. Participate in any file-sharing/peer-to-peer activities.
G. Run any gaming servers such as counter-strike, half-life, battlefield1492, etc… (dedicated servers do not apply)
H. Run cron entries with intervals of less than 15 minutes.
I. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include (“http://yourdomain.com/include.php”) use include(“include.php”)

Bandwidth Usage
You (Customer) are allocated a monthly bandwidth usage. This allowance varies depending on the web hosting service you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next billing cycle/allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you (customer) upgrades to a higher level of service, terminate the account and/or charge you an additional fee for the overages. Unused bandwidth in any one month of service cannot be carried over to the next month.

Uptime
The uptime of a server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. MommasHosting cannot 100% gaurantee the uptime status of any server for many factors which may include but not limited to udates to software, malicious or intentional activities, hardware failure, acts of God defined as conditions beyond our (MommasHosting and/or our vendors that provide equipement or services to us) control that interupts services at a facility.

Reseller Client Responsibility
Reseller clients of Country Girl Hosting are responsible for supporting their clients. Country Girl Hosting does not provide support to our Resellers Clients. If a Resellers client contacts us, we reserve the right to place the client account on hold until the Reseller can assume their responsibility for their client. We reserve the right to charge said Reseller for services rendered to the Resellers client. All support requests must be made by the Reseller on their clients behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. Country Girl Hosting will hold any reseller responsible for any of their clients actions that violate the law or Country Girl Hosting Terms of Service / Acceptable Use Policy / Privacy Policy.

Shared (non-reseller accounts)
Shared hosting accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.

Dedicated Servers
Country Girl Hosting reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Country Girl Hosting reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter.

Price Change
The amount you pay for hosting will never increase from the date of purchase for the term of contract (if said contract exists and is validated by Country Girl Hosting). Country Girl Hosting reserves the right to change prices for services at any time. Furthermore, we reserve the right to change prices listed on countrygirlhosting.com, and the right to change the amount of resources given to any plan at any time.

Indemnification
Customer(you) agree that it shall defend, indemnify, save and hold Country Girl Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Country Girl Hosting, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Country Girl Hosting against liabilities arising out of;
A. Any injury to person or property caused by any products sold or otherwise distributed in connection with MommasHosting.
B. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
C. Copyright infringement.
D. Any defective products sold to customers from a Country Girl Hosting operated server.

Disclaimer
Country Girl Hosting shall not be responsible for any damages your business may suffer. Country Girl Hosting makes no warranties of any kind, expressed or implied for services we provide. Country Girl Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Country Girl Hosting and its employees.

Disclosure to law enforcement
Country Girl Hosting may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

17. Changes to the Terms of Service / Acceptable Use Policy (TOS / AUP) / Privacy Policy
Hosting reserves the right to revise its policies at any time without notice.

Privacy Policy

What information do we collect?
We collect information from you when you register on our site, place an order or fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information.

What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:

To personalize your experience: Your information helps us to better respond to your individual needs.

To improve customer service: Your information helps us to more effectively respond to your customer service requests and support needs.

To process transactions: Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.

To send periodic emails: The email address you provide for order processing, will only be used to send you information and updates pertaining to your order and or other account related issues.

How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will be kept on file for more than 60 days in order to process future payments of services.

Do we use cookies? We do not use cookies.

Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Terms and Conditions
Please also visit our Terms of Service / Acceptable Use Policy section establishing the use, disclaimers, and limitations of liability governing the use of our website and services here.

Your Consent
By using our site, you consent to our privacy policy.

Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on this page.

Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below or use the support ticket system in the client area of this website.

If you have any questions, please contact: carolyndavidsonhicks@live.com today!