This Web Hosting Agreement (“Agreement”) is between SolvedByData (“SolvedByData”), and the person (individual or legal person) who signs SolvedByData’s service order and set up form (the “Order”) incorporating this Agreement by reference (“Customer”). This Agreement governs Customer’s use of SolvedByData’s Web hosting service.
Table of Contents
• Account Setup
• Abuse & Prohibited Use
• Payment Information
• Money Back Guarantee
• Bandwidth & Storage Usage
• Backups & Data Loss
• Reseller Client Responsibility
• Shared (Non-Reseller Accounts)
• Uptime Guarantee
• Support Scope
• Right To Refusal Without Cause
• Disclosure To Law Enforcement
• Copyright Policy
• Changes To The TOS
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ 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 or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
Our transfers team will make every effort to help you move your site to us, however, we cannot make guarantees of the transfer process. We provide this as a courtesy service and cannot make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.
Abuse & Prohibited Use
SolvedByData reserves the right to decide as to what constitutes as abuse and any material not mentioned below is left entirely up to the discretion of the SolvedByData staff.
Abuse can include, but is not limited to the following offenses:
A) Any attempts to compromise or actual compromise of a network device belonging to SolvedByData or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
B) Denial of Service attacks directed at us, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
C) Sending unsolicited email, newsgroup postings, chain letters or anything else that could be considered as “spam”, is strictly prohibited. The gathering of email addresses to be used for sending unsolicited email on a 3rd party service “harvesting” is also prohibited and may result in termination of service.
D) The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered “warez”. Any complaint received will be investigated and may result in termination of service.
E) Child pornography, bestiality, hate speech, scam sites, phishing sites and any other material which is considered to be illegal in Canada is strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
F) Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits, exploit source code, hacking tutorials, hacking tools, viruses and trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
G) Running automated macros scripts, distributed computing applications, torrents, cryptocurrency mining related applications, or any other application that is consistently Disk I/O or CPU intensive is prohibited on our Shared, Reseller, and VPS services. The use of these applications could create a high load on our servers and disrupt other users. As such, these are only allowed on our Dedicated Servers.
H) Utilizing our shared or reseller hosting service as a personal file storage or backup service is strictly prohibited. This includes, but is not limited to NextCloud related applications. Please obtain a VPS or Dedicated Server if you would like to do this.
Please note that any violation(s) could lead to a simple warning, temporary suspension of service, and or termination of clients account(s) without warning and without refund. In the event that an illegal act has been performed, local and/or federal authorities may be notified.
You agree to supply appropriate payment for the services received from SolvedByData, in advance of the time period during which such services are provided. You agree that until and unless you notify SolvedByData of your desire to cancel any or all services received, those services will be billed on a recurring basis.
As a client of SolvedByData, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Any invoice that is overdue will result in a 10% late fee and/or an account suspension until account balance has been paid in full.
Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal. If you require assistance with this provision, please contact our Billing Team.
Customer is free to cancel their account at any time by contacting our Billing Team, with their account information. Similarly, SolvedByData reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the AUP.
Money Back Guarantee
If a refund is requested within 48 hours of initial sign up, the Customer will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Billing Team. Our money back guarantee will not include domain registration fees, setup fees, or licensing fees.
Violations of the Terms of Service will waive the refund policy.
Bandwidth & Storage Usage
You are allocated a monthly bandwidth and storage allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount your account will be suspended until the next billing cycle. You can always contact our sales team if you would like to arrange an upgrade. Unused transfer in one month cannot be carried over to the next month.
Backups & Data Loss
SolvedByData is not responsible for files and/or data residing on your account. Customer agrees to maintain a current copy of all content hosted by SolvedByData notwithstanding any agreement by SolvedByData to provide backup services.
Reseller Client Responsibility
Resellers are responsible for supporting their clients. SolvedByData does not provide support to our Reseller’s Clients. All support requests must be made by the reseller on their clients’ behalf for security purposes.
Shared (Non-Reseller Accounts)
Shared accounts may not resell web hosting to other people. If you wish to resell hosting you must use a reseller hosting account, VPS or dedicated server.
SolvedByData strives to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by SolvedByData monitoring systems or SolvedByData authorized/contracted outside monitoring services. If SolvedByData fails to meet its 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. SolvedByData does not credit a full month’s service for minor downtime. This would not be financially healthy for SolvedByData, and in turn would only negatively affect the service level SolvedByData provides to you. “Partial refunds for partial downtime” is our standard policy. In extreme circumstances, SolvedByData may distribute full month credits, but this is dealt with on a case by case basis. Credits are issued for one month’s service only, never more.
Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the SolvedByData network caused by or associated with:
A) Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, “Acts of God” (i.e. fire, flood, earthquake, tornado, etc.), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
B) Telco Failure (i.e. Verizon™ cutting a fiber line somewhere)
C) Backbone peering point issues (i.e. UUNet™ having a router go down in Virginia that wipes out internet service for the entire East Coast)
D) Scheduled maintenance for hardware/software upgrades
E) Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). SolvedByData utilizes only name brand hardware of the highest quality and performance.
F) Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime)
G) DNS issues not within the direct control of SolvedByData
H) Network floods, hacks, attacks from outside parties or individuals
I) Failure or error of any SolvedByData monitoring or measurement system
J) Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of SolvedByData service(s) in breach of SolvedByData Policy and Service Guidelines (AUP), by Client or others authorized by Client.
You are fully responsible for the installation and operation of any and all scripts or applications. We will not troubleshoot or provide any support relating to malfunctioning scripts or applications. You are responsible for maintaining the latest version of any and all scripts and applications.
Right To Refusal Without Cause
SolvedByData may refuse to accept any customer or any website for participation in the SolvedByData network as determined by SolvedByData at its sole discretion.
Customer agrees that it shall defend, indemnify, save and hold SolvedByData harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against SolvedByData, 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 SolvedByData against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with SolvedByData; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from SolvedByData’s server.
By using any SolvedByData services, you agree to binding arbitration. If any disputes or claims arise against SolvedByData or its subsidiaries, such disputes will be handled by an arbitrator of SolvedByData’s choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
Disclosure To Law Enforcement
SolvedByData 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.
SolvedByData will not be responsible for any damages your business may suffer. SolvedByData makes no warranties of any kind, expressed or implied for services we provide. SolvedByData 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 SolvedByData and its employees.
All content on this website is Copyright © SolvedByData and may not be reproduced without express written consent. All logos, trademarks and/or service marks are the property of SolvedByData.
Changes To The TOS
SolvedByData reserves the right to revise its policies at any time without notice.