User Agreement
TERMS OF SERVICE
This Terms of Service ("TOS") sets forth the terms and conditions of your use of Spamahost.com xrumer hosting services, and other Internet-related services.
In this Agreement "you" and "your" refer to the customer and "we", "us" and "our" refer to 'Spamahost.com'.
By selecting our service(s) you have agreed to establish an account with us for such services.
By using the service(s) provided by us under this TOS, you acknowledge that you have read fully and agree to be bound by all terms and conditions of this TOS, and any pertinent rules or policies that are or may be published by Spamahost.com.
1. Use of Our Services
To ensure the integrity and efficiency of all services provided by Spamahost.com, the observation of conditions of use for the following services are vital to the quality of service we offer each account holder that utilises the same web hosting server:
- Server space and bandwidth
You may occupy only the amount of disk space that are allocated to you according to the service plan you have subscribed to and utilize no more than the network bandwidth that is allocated by us.
Additional fees, specified in the order page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
However, if the resource usage is excessive and causing disruption to other account holders on the same server, we reserve the right to deactivate the account pending your cooperation and resolution.
- CGI scripts
You are free to use any scripts you wish provided they do not affect the normal operations of the server.
- Unauthorized daemons and background processes
An unauthorized daemon is any process that runs continuously in the background that is not started or operated by Spamahost.com. Unauthorized daemons that are running and not allowed by Spamhost INC (mailing, hacking, ect.) will be shut down without any notice.
If any of these daemons start to exhibit operating problems, we reserve the right to terminate the daemon immediately and restrict its ability to restart.
Any account found to be operating any programs and/or daemons that open listening sockets on our server are expressly forbidden and will be terminated at our discretion.
- BOTS
Spamahost.com does not allow bots of any kind to be operated on our web hosting servers. This includes, but is not limited to, IRC servers, IRC bots, and web transversal spiders.
- Chat Servers
Chat Servers are allowed by Spamahost if not used for actions such that are not allowed by our TOS.
For this reason chat scripts/clients, that are not Java based or hosted by a third party provider, are not permitted on any of our web hosting servers.
- SSI Calls
All SSI calls should be made from files that are in accordance with established naming conventions. This means all SSI calls should originate from files that are named with the .shtml or .shtm file extensions. Spamahost.com reserves the right to disable any SSI that is not being called from a file with the .shtml or .shtm extension.
- Mailing Lists
All messages sent from Spamahost servers need to be in compliance with the Can Spam Act of 2003. If you are sending to large mailing list (exceeding 1000 addresses)and have questions on allowance, you should contact Spamahost.com requesting permission to send the mailing through our servers prior to sending any messages.
Should such a large mailing disrupt normal services or create unacceptable server loads, the account associated with the mailing risks termination.
- Bulletin Boards
All bulletin boards are allowed on our servers but, we suggest using VBulletin or phpBB or Invision Power Board as a more efficient, database-driven alternative.
- Sharing of your account resources
In general, we do not restrict you from sharing your account resources with other non-account holders.
However, if you choose to give away and/or sell any service provided by Spamahost.com, within or in addition to your account, we reserve the right to contact you to request for suspension/reduction on your account usage if the resources being used are above and beyond the reasonable usage of an account on a shared hosting server (specified by us).
Spamahost.com has agreed to host/service you and your account only.
All users permitted access to the services provided by us, via your account, are also bound by this Terms of Service. If these users violate the Terms of Service your account would be placed in jeopardy and at risk of termination.
- Excessive Resource Usage and/or Abuse
Any account that affects the normal operation of any of the services provided by Spamahost.com including, but not limited to, administrative tasks, technical support, database services, server access, network speed, content or email delivery, may be deactivated in an effort to restore normal operations.
In the event of account deactivation, we remain the final authority in determining whether or not the account will be reactivated. The severity of the violation, as well as the account holder's cooperation and ability to prevent future abuses, will be considered by Spamahost.com when determining whether or not the account will be reactivated.
- Back-Up Files and Processing
Spamahost.com does not hold regular back-up files for its servers, clients are expected to keep their own local copy.
2. Prohibited Services and Activities
The following services and activities are strictly prohibited on any of our shared hosting servers:
- Illegal Content
Our services may be used for lawful purposes only.
Storage, data or material in violation of any copyright/trademark, as well as the participation or promotion of violence, racism, or any other defamatory content of any kind is strictly prohibited.
You may not use any of our services to host illegal, copyrighted, trademarked, patented, or trade secret material without prior permission from the author or owner.
This includes pirating software, audio/video files, cracks and/or registration codes. If we discover any of the above occurring on your account it will be used as grounds for immediate termination of your account without any refund.
- Adult Material and Pornography
Adult Pornography is allowed on all our hosting servers when they are legal models. Child Pornography of any kind is prohibited on all servers and will be reported to the proper authorities if found.
Spamahost.com reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". If you are unsure whether or not your site falls into this category feel free to contact us with a description and link for review before you place an order.
- Email Sending/Spam/UCE (Unsolicited Commercial Email)
Spamahost.com has a strict no email sending policy. We do not allow any kind of unsolicited emails to be sent from our servers. (EX: SMTP)
The abuse and misuse of email is a serious problem, and will not be tolerated.
Spamahost.com considers spam to be any unsolicited email, often of a commercial nature, sent indiscriminately to mailing lists, individuals, or newsgroups, among other mediums.
Any account found to be associated with the delivery of spam will be immediately terminated without warning and without refund. We reserve the right to refuse or cancel services to known spammers. Mailing lists and mass outgoing email is acceptable and many times necessary.
However, we require that you send such messages only to those who have explicitly requested to receive them and clearly identify yourself as the sender. All emails sent have to follow all of the rules from the CAN SPAM act issued in 2003. Forging or misrepresenting message headers, whether in whole or partially, to mask the originator of the message is prohibited. Spamahost.com reserves the right to decide what it considers "Spam", "UCE", "mail bombing", or "bulk email".
- Malicious Hacking, Cracking, and Scanning
Accessing illegally and/or without authorization to content, services, computers, accounts, or networks belonging to Spamahost.com or another party, or attempting to penetrate Spamahost.com' security measures or other parties' is strictly prohibited and will result in immediate account termination.
This includes any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Accounts initiating any activity or containing code/scripts/binaries etc that appear to be for the purpose of violating or disrupting our services and/or content of others will be terminated immediately without notice and without refund.
Spamahost.com may also report any activity of such nature to the proper authorities as well as providing any information we may have to assist the authorities in contacting the party responsible for storing or using any of these types of tools.
- Other Activities
This includes engaging in activities, whether lawful or unlawful, that Spamahost.com determines to be harmful to our customers, operations, reputation, goodwill, or customer relations.
The responsibility for avoiding the harmful activities just described above rests primarily with you, the customer. Spamahost.com will not intentionally monitor the communications of our users to ensure that they comply with our policy or applicable law.
However, we will take necessary actions to stop any harmful activity, including but not limited to, removing information, shutting down your account, implementing screening software designed to block offending transmissions, denying access to the Internet, or taking any other action that we deem appropriate. Spamahost.com may also disclose information, including but not limited to, information concerning your account, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. We assume no obligation to inform you that your information has been provided and in some cases may be prohibited by law from giving such notice.
3. Payment for Our Services
- Service Fees
All payments need to be paid on time. A payment reminder shall be delivered to you by email about 10 days before your payment due date. You are required to remit payment to Spamahost.com not later than the due date or your account will be suspended. Any account that is unpaid 3 days after the due date is at risk of termination and/or extra fees. Accounts that remain deactivated for 5 days will be deleted without notice.
- Cancellation of services
Cancelled and/or terminated accounts will be deleted within 48 hours and without backup provisions. All decisions on such matters made by us are considered final.
- Violations and Refunds
We do not offer any kind of refund for any service. All payments are non-refundable. Any charge back or disputes will result in an administrative fee of between $50 and $250 dollars.
Any account that has been deactivated for any violation or non-payment will not be eligible for any kind of refund. This means no refunds will be provided for any pre-paid fees in cases of account deactivation due to violation of our Terms of Service. And no refunds will be provided for unexpected downtimes and maintenance.
- Pricing Revision
Spamahost.com reserve the right to revise our prices at any time. If you have chosen to pre-pay for your account, the cost of the service already paid for will not be affected by any price changes whether they are raised or lowered. However, once your account is due for renewal, the new prices will be applicable.
4. Indemnity
Following are some of the knowledge you are expected to be familiar with:
i) Web design and publishing: requires a knowledge of HTML, uploading/downloading of web page contents, use of FTP programs or site design software, use of images, text, and multimedia content, etc.
ii) CGI-scripts: requires a knowledge of the UNIX environment, languages such as Perl, PHP, Python, Javascript, shell commands, file permissions, etc.
You agree that it is not the responsibility of Spamahost.com to provide such knowledge or technical support outside of our defined services. Spamahost.com makes no warranties or representations of any kind, whether expressed or implied for the services we are providing. Use of any information obtained by way of Spamahost.com is at your own risk, and we specifically deny any responsibility for the accuracy or quality of information obtained through our services.
5. Modifications to Active-Venture's Terms of Service.
You agree, during the period of this TOS, that we may:
(1) revise the terms and conditions of this TOS; and (2) change the services provided under this TOS, at any time.
Any such revision or change will be binding and effective immediately on posting of the revised TOS or change to the service(s) on Spamahost.com' web site, and/or on notification to you by email.
You agree to review Spamahost.com' web site, including the TOS, periodically to be aware of any such revisions. If you do not agree with any revision to the TOS, you may terminate your account at any time. Notice of your termination will be effective on receipt and processed by us. You agree that, by continuing to use Spamahost.com services following notice of any revision to this TOS or change in service(s), you abide by any such revisions or changes. Your continued use of our services shall constitute your acceptance of this TOS with the new modifications. You acknowledge that if you do not agree to any of such changes, you may request that your account be cancelled. You agree that such cancellation will be your exclusive remedy if you do not wish to abide by any changes to this TOS.
6. Limitation of Liability
YOU AGREE THAT Spamahost.com WILL NOT BE LIABLE FOR ANY:
(1) USE OF YOUR WEB HOSTING ACCOUNT,
(2) INTERRUPTION OF BUSINESS,
(3) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES YOU HAVE HOSTED ON OUR SERVER;
(4) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD;
(5) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(6) EVENTS BEYOND OUR CONTROL;
(7) THE PROCESSING OF THIS APPLICATION;
(8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.
Spamahost.com ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Breach and Revocation
Spamahost.com reserves the right to suspend, terminate or modify our services we provide in the event:
(a) you materially breach this TOS and do not cure such breach within the period of time stipulated by us in our notice to you,
(b) you use any of our services to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet,
(c) you use your web hosting account in connection with unlawful activity, or
(d) grounds arise for such suspension, cancellation, or other modification as provided for in this TOS.
8. Right Of Refusal
Spamahost.com, at our sole discretion, reserve the right to refuse or cancel any service provided to you, or to delete your account within five (5) calendar days from receipt of your payment for our services.
In the event we do not accept your request of our service, or we delete your account within such five (5) calendar day period, we do not refund any applicable fee(s). You agree that we shall not be liable to you for any loss or damages that may result from our refusal to accept your request for our services. Any charge back or disputes will result in an administrative fee of between $50 and $250 dollars.
9. Xrumer & Hrefer Installation and Configuration
Please note that when you purchase the addon "Xrumer & Hrefer Installation", that is ONLY the installation and configuration of those services. We do not provide the actual software or licensing. The client himself would need to provide us with the necessary items needed to perform this service.
Privacy Policy
What information do we collect?
We collect information from you when you register on our site, place an order, subscribe to our newsletter 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. You may, however, visit our site anonymously.
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 our website
(we continually strive to improve our website offerings based on the information and feedback we receive from you<)
- 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 administer a contest, promotion, survey or other site feature
- 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.
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 not be stored on our servers.
Do we use cookies?
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
We use cookies to help us remember and process the items in your shopping cart and understand and save your preferences for future visits and .
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.
Spamahost.com (xrumer-server) is using part of the Xrumer logo in their banner. All credits of that logo belong to botmaster.net . To purchase a copy of xrumer visit this website! http://www.botmaster.net/
Your Consent
By using our site and services, you consent and agree to our terms of service and privacy policy. If any rules are broken, we have the right to suspend/terminate the users service without any refund. Spamahost uses the term "bulletproof" in the meaning of "stable" servers. All "black hat tools" are allowed for educational purposes only.
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.
admin@Spamahost.com
