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Term of service with 5ite hosting solutions (5ite.com)

5ITE Hosting Solutions provides web hosting to people worldwide. We have the responsibility to protect all of our clients and give them the best possible service. The following guidelines were designed to ensure our services remain of the highest quality. Read carefully before ordering and / or using the services presented by us. 5ITE Hosting Solutions reserves the right to change these terms without prior notification, it is the clients responsibility to check the terms of service periodically to ensure their services comply with the terms detailed.

Content

All services offered by 5ITE Hosting Solutions can be used for lawful purposes only. Transmission, storage or presentation of all information, data or material in violation of Germany law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected legally. The subscriber agrees to indemnify and hold 5ITE Hosting Solutions from any claim arising from the use of the service which damages the subscriber or any other party. 5ITE Hosting Solutions reserve the right to refuse or end service for any reason.

German data center:


You must not:

  • Host pirated software
  • Send bulk Email related products
  • Host hacking / cracking related websites
  • Host copyrighted MP3s
  • Host proxies on shared hosting
  • Host illegal material or material that goes to against public policy
  • Host sites containing or link to material can be considered harmful to public health, safety or welfare.
  • Host erotic, pornographic, extremist material or material not deemed in good taste is not permitted.


USA data center:


You must not:


  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • administer IRC;
  • harm minors in any way;
  • impersonate any person or entity;
  • "stalk" or otherwise harass another person;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
  • upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes";
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or - collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
5ITE Hosting Solutions will be the sole judge of what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund.

DMCA Violations

5ITE Hosting Solutions respond to all allegations of infringement that are formatted according to the Digital Millennium Copyright Act and other applicable laws of copyright. Violation notices not complying with this law will not be processed. We will act in accordance with the DMCA, when reports of infringement. If you do not respond to a DMCA complaint within 24-48 hours(varies on type of infringement) of notification, your account will be suspended however 5ITE hosting solutions reseves the right to terminate any service which violates the ToS at any time without notice.

System Resouce Usage

If 5ITE Hosting Solutions administration team determines that the account of a client is to use an unacceptable amount of system resources, 5ITE Hosting Solutions can temporarily disable that account. If staff deemed necessary, an eviction notice may be sent to the client an account Inappropriate providing seven (7) days to upgrade to a virtual private / dedicated server or locate a new provider. This happens only in extreme cases. 5ITE Hosting Solutions will be the sole judge of what constitutes a violation of this provision. Due to the nature of this provision, each account will be processed and analyzed separately. Shared hosting accounts should not use more than 15% of CPU resources over a 60 second time period, and mySQL transactions should take no longer than 15 seconds. Accounts found to be using resources in excess of these limits shall be deemed to be using unacceptable levels of server resources.

Background running program/scripts

Customers are not allowed to run programes in the background on shared hosting servers as this tends to spend a lot of system resources and can impair service to other customers on that server. But customers are allowed to do so on a virtual private / dedicated server with 5ITE Hosting Solutions as long as all applications are legitimate.

Backup

Customers are responsible for ensuring that their own backups on their personal computers. 5ITE Hosting Solutions offers no compensation for loss for lost or incomplete information. We are doing our best to ensure complete and accurate backups, but do not take responsibility for this duty. Always back your site to your computer! We make no guarantees about the availability of backups.

SHELL(SSH) ACCESS (APPLIES TO SHARED HOSTING ACCOUNTS ONLY)

Shell access is provided on as-needed basis. It does not come enabled on shared hosting accounts by default. The application of this feature should be sent to technical support before it can be used. The application must include a domain name, user name and an explanation of why it requires access to a console. We reserve the right to refuse this service to a client for any reason.

EMAIL SPAM

Sending of un-required email, from a 5ITE Hosting Solutions server or using a return email address that is maintained by us is STRICTLY PROHIBITED. Using SPAM to advertise a site hosted on our network also is a violation of our terms. Sites found to be in violation of our policy will be immediately suspended / deactivated and no refund will be issued. If you have recieved SPAM from one of our servers please email abusereport [AT] 5ITE.com immediately to report violation of our SPAM policies.

FULLY MANAGED SERVICES

5ITE Hosting Solutions will endeavour to accomodate any request given in a support ticket to manage a service ordered with us that includes a fully managed service. In order to deal with a request such as setting up a control panel of your choice, you must provide a link to the download location of such software/scripts and also advise if there are any specific configuration requests. If no such request is made, the script will be setup as default with no configuration. 5ITE Hosting Solutions will only configure control panels listed at the point of ordering a service. Fully managed does not include the configuration of any control panels, scripts or software not listed. 5ITE Hosting Solutions reserves the right to reject any request without prejudice.

SERVER ABUSE

Any attempt to undermine or cause harm to our servers is strictly prohibited. 5ITE Hosting Solutions will be the sole judge of what constitutes a violation of this provision. Customers found in violation of this provision will be subject to account deactivation without refund. 5ITE Hosting Solutions will turn all available information on incidents of violence, including contact details for customers to appropriate authorities and this may lead to press charges.

PAYMENT INFORMATION

You agree to supply appropriate payment for the services received from 5ITE Hosting Solutions, in advance of the time period during which such services are provided. You agree that until and unless you notify 5ITE Hosting Solutions of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended.

Cancellations must be done in writing via the cancellation form provided in the account control panel located at http://cp.5ITE.com. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of 5ITE Hosting Solutions, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify 5ITE Hosting Solutions of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by 5ITE Hosting Solutions. 5ITE Hosting Solutions reserves the right to bill your credit card or billing information on file with us. 5ITE Hosting Solutions invoices must be paid no later than 5 days after the invoice due date before services/products will automatically be suspsended. Any invoice that is outstanding for 10 days and not paid will result in a $3 late fee and/or an account suspension until account balance has been paid in full. The $3 late fee is applied in addition to whatever else is owed to 5ITE Hosting Solutions for services rendered. Access to the account will not be restored until payment has been received. 5ITE Hosting Solutions will automatically terminate any services/products after 7 days of no payment from invoice due date. You accept that if an invoice is not paid all files, emails, and account will be removed from the server and will not be recoverable.

It is the customer's responsibility to notify our sales team via email at sales@5ITE.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and 5ITE Hosting Solutions cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.

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 sales@5ITE.com

5ITE Hosting Solutions reserves the right to change the monthly payment amount and any other charges at anytime.

REFUND POLICY

We offer any-time moneyback guarantee on any product/services provided by 5ITE Hosting Solutions, excluding setup fee's, licensing, addons (including but not limited to additional IP addresses, cPanel) and dedicated servers. Your right to a refund is terminated immediately if a PayPal/Credit Card dispute is open. We have a strict moneyback policy as followed:

  • Refund request must be placed no later than 7 days prior to your next due invoice date.
  • Less than 50% of your monthly resources must be used.
  • $4.00 per support ticket raised during the billing cycle will be deducated from the final refund sum. e.g Pay monthly: $14.95, raise one (1) support (support@5ITE.com) ticket during the monthly billing period. Refund of $10.95 will be processed.
  • Refunds are not automatic and are given upon ticket request to the sales department after cancelation has been processed and services terminated.
  • Refunds will be denied if a promotional code was used when the order was placed with us.

5ITE Hosting Solutions reserves the right to deny any refund request without any given reason. By signing up for to our services, you agree that your refund request can be denied, and no refund will be given as a result.

OVERAGES

5ITE Hosting Solutions will charge the following if resources are used beyond those specified in a particular package.

Shared Hosting Overage Charges:

Item Overage Charge
Disk Space $0.10 per GB
Bandwidth $0.10 per GB

VPS Hosting Overage Charges:

Item Overage Charge
Disk Space $0.40 per GB
Bandwidth $0.40 per GB
RAM $2.50 per 128MB

CANCELLATION POLICY

At 5ITE Hosting Solutions we like to make things easy, to cancel your service(s) it's simple: By logging into your 5ITE CP, select the product and click on the cancellation request at the bottom. Please note that if you have any outstanding invoices, bills seven (7) days after having been deleted. If you cancel within seven days from which your bill is due, the invoice will not be deleted and you will be responsible for paying it.

SUSPENSION POLICY

At 5ITE Hosting Solutions we will suspend services if payment is not received 5 days after the billing due date. When the bill has been paid services will automatically be reactivated. This is provided the bill is paid within 7 days of the due invoice date. Once a invoice has been outstanding for 7 days, the services will automatically be terminated.

In the event you ask (via support ticket, not through control panel as that processes automatic termination) for your account to be terminated, we will suspend your services for a period of 5 days incase you change your mind. The account will then be terminated on the 7th day. If you wish to reactivate your account this will be subject to a $10 charge payable upon invoice.

AFFILIATES

5ITE Hosting Solutions runs an affiliate program for all of its clients, where clients can earn up to 60% commission of the first invoice for new clients referred using their unique URL (indicated in the affiliate dashboard). This unique URL places a temporary cookie on the visitors that it refers, and if this cookie is removed then commissions will not be issued. Commissions will be awarded 38 days after the first invoice of the referred client is payed only if the second invoice is payed. Commission will be added onto account credits, and can be used to pay invoices, or can be cashed out to PayPal after reaching a minimum of $25. Any attempts to cheat or misuse the affiliate system, including but not limited to actions such as cookie stuffing, use of a proxy, misleading clicks, or otherwise tampering with any element of the affiliate system will result in permanent removal from the affiliate program with no payout (all commissions will be removed). Appropriate law enforcement will be notified if necessary.

CHAGEBACKS

5ITE Hosting Solutions reserves the right to suspend users for five (5) days when a dispute is opened against us via PayPal/Creidt Card. If client does not close the dispute within the given five (5) days the account will be PERMANENTLY terminated. By using any of our services or products, the client agrees to this.

DOMAIN REGISTRATIONS

If you are purchasing domain name services through 5ITE Hosting Solutions, you must also agree to the terms located here (click here to view).

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