Terms of Service
Our terms of service are designed to be read by the average Joe, not by some
high-priced lawyer. Please read this page carefully prior to ordering services
from us, and make sure you understand what it says. It's a binding contract
between Safebox Hosting and you. If you have any questions about what you see on
this page, please feel free to contact us at support@safeboxhosting.com or (239)
289-8705.
The Services We Provide
In exchange for the fees you pay in advance, we will host your website on one or
more of our servers, so long as you abide by the terms and conditions that are
set out on this page, and in any other agreements that relate to the services we
may provide to you. We will provide the services according to the specifications
listed for the hosting package you select during the signup process. For
clarity, on this page, the term "services" refers to the web hosting services
that we will provide to you and, if you are an Affiliate, the services we
provide to you in connection with that program. The term "Safebox Hosting " or
"us" or "we" refers to Safebox Hosting.
Permission to Host Your Content
For us to host your website, it is necessary for you to upload your content to
our servers. When you do this uploading, you are creating one or more copies of
your content on our system. By purchasing hosting services from us, you
acknowledge that these copies are being made, and give us the permission (a
license) to maintain these copies and make them available to users of the
Internet. You are solely responsible for providing all of the content and other
data that make up your website.
When the Services Will be Available
We will attempt to provide the services 24 hours a day, 7 days a week for as
long as you have paid for them. Sometimes, however, for a number of reasons, the
services may be unavailable to you. You must recognize and acknowledge that due
to the nature of web hosting technology, occasional unavailability of the
services cannot be avoided. Sometimes there are equipment malfunctions. At other
times we undertake periodic maintenance procedures or repairs. Still other
times, there are causes beyond our control like power failures, interruption or
failure of telecommunication or digital transmission links, hostile network
attacks, network traffic and other occurrences. We have not promised to provide
you with uninterrupted service.
Personal Information
When you place an order for our services, your personal information, including
your credit card information, is transmitted via the use of Secure Socket Layer
technology, the industry standard for encrypting sensitive information. We take
your privacy very seriously, and as such, will not sell your personal
information to third party (other than a company that may purchase Safebox
Hosting), and will take reasonable steps to keep it from being disclosed to any
third party. Read more in our Privacy Policy, below.
Cancellation
As we explain in this paragraph, we offer you a money-back guarantee on all
shared hosting plans if you cancel with us during the first 30 days. Please
note, Dedicated plans ARE NOT ELIGIBLE for the money-back guarantee. And here is
how our cancellation policy works. It is very simple. If you cancel your account
within 30 days of first signing up, we will provide you with a full refund
excluding any setup fees that were charged when you signed up, and excluding
domain registration fees. The only way to cancel your account is by submitting
information through our cancellation form, which is located at your help desk
panel
If we register a domain name for you as part of your hosting package with us,
and you decide that you want to cancel your account during the first 30 days,
then we will deduct the cost of the domain name from the money we refund you. We
charge $9.99 per year for domain registration. If you cancel your account after
the first 30 days have passed, or after your account is renewed then
unfortunately we will not be able to issue any refunds. Please note: upgrades to
hosting service, domain registration and transfer and SSL certificates are
non-refundable. Our policy regarding web design services is as follows: We do
not issue refunds once we have started work. If you order design services and
cancel before we have started working on the design and before 30 days have
passed then we will refund the full cost of the design service. In addition, we
do not offer refunds on dedicated server plans as they are month to month and
there are no contracts involved. Safebox Hosting also reserves the right to
cancel your account with 72 hours notice should an event occur in which proper
evidence exists that a customer was exceptionally rude or vulgar in
communications with our staff.
Automatic Renewal
When you sign up, your midPhase account will be enabled with autorenewal, which
means that when your renewal date arrives, your hosting plan and domain will be
renewed. When it is time for renewal, the credit card you have on file with us
will also be charged. If you wish to not have this happen, and you would not
like to renew your account, you must cancel 14 days prior to your renewal date.
If you have any questions as to when your renewal date is, simply login to
safeboxhosting.com , or give us a call. If you fail to cancel 14 days prior to
renewal, your account will be renewed for a new term, so please be sure to fill
out the cancellation form located above if you do not want to renew. The renewal
fee will become non-refundable as soon as it is charged. Your account renew
dates are always listed in safeboxhosting.com.
If more than 30 days pass from the date on which any invoice for the hosting
services is issued to you and we have not received payment in full, we will
suspend your account, which means that your data and website will not be
available. If in the following 30 days you pay all amounts due, bringing your
account up to date, we will take your account out of suspension and the data
will be available again. If, however, 30 days pass from the date on which your
account is suspended and you have not made payment in full, Safebox Hosting
shall have the right to delete all data you have uploaded to the servers. To
summarize, if you get 60 days behind in making payments, your data will be
deleted. You hereby acknowledge that this is midPhase's policy when it comes to
data retention, and waive all rights in and to your data in these situations.
Acceptable Use/Illegal Activity
Safebox Hosting strives to maintain a high-level of service, and a lot of
customers depend on our high standards of quality. As such, we will not provide
services to those that are using our services for:
Hacking, which includes, for example penetrating or attempting to access,
without authorization, another computer or network. Port scans, stealth scans,
and fraudulent credit card "phishing" techniques are also prohibited.
Hosting of files or other data that infringes on another's copyright or other
intellectual property rights.
Spamming, or sending of bulk unsolicited email. We maintain a strict policy on
spamming, which includes the sending of unauthorized commercial messages by use
of our services, or by maintaining an open SMTP connection. We reserve the right
to refuse or terminate service based on reasonable indications that you are
engaged in spamming of any sort.
Uploading or linking to any content that violates another's right of publicity
or privacy.
Distributing hate speech, or any other content that is obscene, abusing, which
could be considered libelous and defamatory.
Hosting, storing, or distributing child pornography. If any such content is
found and brought to our attention, the proper law enforcement agencies will be
notified.
Hosting large amounts of data not specifically tied ("linked") to your hosting
account. Hosting Services, Inc. encourages users looking for file storage/backup
solutions to seek other services that specialize in this.
Disproportionate loads placed on the server.
While our shared services are suitable for the bulk of our customers, there
comes a time for some websites when they are better suited for a larger plan,
which allows for more dedicated CPU and memory resources. We reserve the right,
in our sole discretion, to discontinue service to any customer with a website or
other hosted data that takes up more than 10% of the resources of the server's
CPU. This means that if your website is found to be utilizing more than 10% of
the CPU and memory of the service, we reserve the right to take your site
offline. If this becomes necessary, you can either upgrade your hosting package,
or request a pro-rated refund of the amounts you have paid in advance for the
services. Due to the severity of this, and our ability to act quickly to correct
these situations to avoid server issues, we will do everything reasonably
feasible to provide you with a warning prior to taking your site offline, but we
accept no obligation to do so.
Special Pricing Notice
Special monthly pricing displayed is only available after term pre-payment. We
offer quarterly and semi-annual payments
These Terms of Service May Change
Due to our evolving business, and the changing nature of the web hosting
industry, these terms of service may change. We will post the changes here, and
your continued use of the service means you accept the changes we have made.
DMCA Copyright Infringement Information
In accordance with the Digital Millennium Copyright Act, we have adopted a
policy to suspend or terminate the accounts of website owners found to be in
violation of copyright. We respect the intellectual property of others, and we
ask you to do the same. We may, in appropriate circumstances and at our
discretion, disable and/or terminate the accounts of users who may be repeat
infringers. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please provide our Copyright Agent (identified below)
the following information:
an electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you
claim has been infringed;
a description of where the material that you claim is infringing is located on
the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's
behalf.
Indemnification
If Safebox Hosting . is sued or threatened with a lawsuit from a third party
because of something you do with the services, or as an affiliate you agree to
pick up the tab if Safebox Hosting . is found liable or pays to settle the
dispute. In legal terms, this is called "indemnification." Not only do you agree
to reimburse Safebox hosting for what it pays to satisfy a judgment or settle a
case, you also agree to pay Safebox Hosting's reasonable attorney's fees and all
other costs Safebox Hosting's incurs in defending itself.
Disclaimer of Warranties
You may have noticed that up to this point these terms of service have been kind
of easy to read and understand. But our lawyers tell us that this section,
dealing in the disclaimer of warranties, has to retain its legalese style. Sorry
about that. Safebox Hosting's. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Safebox Hosting MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS,
OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR
THAT DEFECTS WILL BE CORRECTED. Safebox Hosting DOES NOT WARRANT, NOR MAKE ANY
REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT
PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Some jurisdictions do not allow the disclaimer of implied warranties, in which
event that foregoing disclaimer may not apply to you.
Limitation of Liability
Here is another section that has to retain its legalese. Simply stated, what
this section is saying is that if something goes wrong, Safebox Hosting cannot
be held liable for it. IN NO EVENT SHALL Safebox Hosting BE LIABLE TO YOU OR ANY
OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR
PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER
SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS
AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE
SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Safebox
Hosting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not
allow such a broad exclusion or limitation on liability for damages as contained
in these terms of services. In those states, our liability is limited to the
full extent permitted by law. You agree that in no event shall our maximum
aggregate liability exceed the total amount paid by you for the services in
dispute purchased from us, or, in the event of liability of Safebox Hosting due
to your enrollment in the affiliate program,