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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,
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Copyright © 2010 Safebox Hosting. All rights reserved.