Terms of Service

The use of ser­vices from SolidHostDesign.com, [here­after referred to as “Solid­Host­De­sign”] con­sti­tutes agree­ment to these terms.

Web Site Design

All web site design, and graph­ics ser­vices pro­vided by Solid­Host­De­sign are sub­ject to the fol­low­ing terms and con­di­tions. These poli­cies have been put into effect to pro­tect both the client and Solid­Host­De­sign and are sub­ject to change at any time. If you do not agree with any aspect of these terms plse feel free not to con­tact Solid­Host­De­sign. By mak­ing a deposit or pur­chas­ing any of the pro­vided ser­vices you are agree­ing to the Terms and con­di­tions as expressed below:

Quotes & Contracts

Quotes will be hon­ored for 30 days after being pro­vided. A new quote will be pro­vided after that time has passed.

Wait­ing Lists

An ini­tial, non-refundable 25% deposit is required to hold a client’s place should a wait­ing list be in effect at that time. Solid­Host­De­sign encour­ages clients to peri­od­i­cally check to find out their cur­rent sta­tus on the wait­ing list in addi­tion to vis­it­ing the site to ascer­tain project status.

Autho­riza­tion

The client engag­ing Solid­Host­De­sign cer­ti­fies they have full author­ity to enter into con­tract with Solid­Host­De­sign and have the abil­ity to grant nec­es­sary access to web servers and any other accounts required for the design instal­la­tion or updat­ing of an exist­ing web site as per the contract.

Revi­sions

The client is allowed two (2) major rounds of revi­sions for their site design and three (3) for other design work. Major revi­sions include com­plete revamp­ing of lay­outs, design, new fea­tures or func­tion­al­ity. Minor revi­sions are accepted through­out the design process up to a max­i­mum of 5. If the client requests changes beyond these thresh­olds addi­tional fees will be charged at the hourly rate of $50.

Devel­op­ment

The design phase of the project will be com­pleted using var­i­ous com­mer­cial prod­ucts. Every effort will be made to cre­ate a fully func­tional site that meets all of the client’s stated require­ments. Solid­Host­De­sign does not war­ranty the use­abil­ity of the site by vis­i­tors using AOL, text based browsers or mobil devices unless specif­i­cally agreed to in the contract’s design specs. Any claims of defects, glitches or cor­rec­tions requests must be made within 14 days of the project being completed.

Com­ple­tion

Solid­Host­De­signs’ suc­cess will be based on it’s abil­ity to com­plete projects on time and within bud­get. There­fore Solid­Host­De­sign will work hard to com­plete projects in a timely man­ner and will always pro­vide an esti­mated time of deliv­ery for its projects. How­ever Solid­Host­De­sign can­not guar­an­tee dead­lines as each project has unique require­ments. Solid­Host­De­sign will com­mu­ni­cate with the client dur­ing the entire devel­op­ment of the project and pro­vide them with sta­tus updates. If the client does not sup­ply Solid­Host­De­sign with com­plete text and or graphic con­tent for the project within seven (7) days of date these mate­ri­als are requested and there has been no com­mu­ni­ca­tion, the con­tract becomes void and any deposits are for­feited to Solid­Host­De­sign. The client under­stands that if there is no received responses to requests, their project will pos­si­bly be delayed and pushed fur­ther back in the design queue result­ing in a pushed back com­ple­tion date.

Pay­ment of Fees and Expenses

A non­re­fund­able deposit of 50% is due prior to the begin­ning of the project. No design will begin before pay­ment is made and signed agree­ments are received. If a wait­ing list deposit was made, that fee would be sub­tracted from the over­all project fee. So that the 50% referred to here would be 50% of the remain­ing bal­ance due. 50% refers to 50% of the over­all bal­ance due.

The client under­stands that once design work is com­pleted and before instal­la­tion of the fin­ished work on a server, the final bal­ance is due. The final pay­ment will con­sist of the quoted amount plus any addi­tional expenses incurred in the devel­op­ment of the site. Upon receipt of this pay­ment the site will be pub­lished to the client’s host­ing ser­vice or for­warded to the client. The client then has 14 days from com­ple­tion to make change requests (see devel­op­ment above).

Final pay­ments not made within 7 days of com­ple­tion will be accessed an addi­tional fee of $45.00 a day. If no pay­ment has been received nor any com­mu­ni­ca­tion made between Solid­Host­De­sign & the client within 14 days of the com­ple­tion, the project will be can­celled, art­work deleted and all money paid to Solid­Host­De­sign by the client will be for­feited by that client. Future work will require pay­ment in full before begin­ning of the project.

Pay­ment Methods

You will be invoiced via email noti­fi­ca­tion orig­i­nat­ing from the Pay­Pal sys­tem. You will then have the option to pay online or for­ward a check or money order to the fol­low­ing address (include on the check the project number)

Solid­Host­De­sign
POB 340007
Tampa, FL 33694
Attn: Billing

Pay­ment Agreements

Some clients request pay­ment agree­ments and those are arranged at the dis­cre­tion of Solid­Host­De­sign. If terms are agreed to, regard­less of whether or not the client decides to con­tinue with the project, the client is still liable for work com­pleted at your request to date. If pay­ments are not made within 7 days of the agreed dates, the project will be scrapped, any dis­counts offered will be rescinded.

Credit, Use & Licensing

Solid­Host­De­sign copy­right and credit infor­ma­tion must remain on all works gen­er­ated, hosted or dis­played. It is required that a text link back to SolidHostDesign.com remain in place and in work­ing order. All pre­lim­i­nary proofs includ­ing graph­ics, lay­outs, etc. which were not selected by the client remain the prop­erty of Solid­Host­De­sign and may be used in future projects for other clients. This does not include copy­righted mate­r­ial pro­vided by the clients who’s licens­ing require­ments will remain the client’s responsibility.

Copy­rights and Trade­marks of other Property

Copy­ing text and images from other sites is not con­doned by Solid­Host­De­sign. Any text images or other prop­erty pro­vided must be owned by the client or must have expressed writ­ten per­mis­sion for use. Solid­Host­De­sign will not be held liable under NO cir­cum­stances for con­tent pro­vided by clients on a client web­site. The client will be respon­si­ble for pay­ing any and all legal expenses that are a result of legal action against Solid­Host­De­sign for the use of such material.

Copy­right to Web Pages

Copy­right to the fin­ished assem­bled work of HTML, XHTML,XML and or CSS pro­duced by Solid­Host­De­sign is owned by Solid­Host­De­sign. The copy­right must remain intact and vis­i­ble on the client site. Under no cir­cum­stance shall a site be dupli­cated, sold or redis­trib­uted. The client may not alter or reuse gen­er­ated code (HTML, XHTML, XML or CSS) with­out direct writ­ten con­sent of Solid­Host­De­sign. Logo and graphic design copy­right is trans­ferred to the client upon com­ple­tion of the site and any print design ser­vices requested.

Prices and Fee Changes

Solid­Host­De­sign reserves the right to change pric­ing for ser­vices and fees at any time with­out notice.

Sup­port

Life­time email sup­port is included with each design. Once a client always a client. Be advised webmaster/tech sup­port incurs an addi­tional fee.

Refunds

Solid­Host­De­sign does not pro­vide refunds for web or graphic design ser­vices. This includes any deposits paid for being placed on the wait­ing list or for start­ing web design projects. The client must sub­mit ter­mi­na­tion of ser­vices in writ­ing. In the event of a can­cel­la­tion of con­tract, own­er­ship of all Solid­Host­De­sign gen­er­ated mate­r­ial remain the prop­erty of Solid­Host­De­sign and will not be trans­ferred to the client.

Charge­backs

Solid­Host­De­sign will not nego­ti­ate charge­backs with any per­son or com­pany. Charge­backs are never an accept­able means of attain­ing a refund. To request a charge­back on your credit card for a valid trans­ac­tion is con­sid­ered fraud. Fraud­u­lent credit card charge­backs will be aggres­sively pros­e­cuted and reported to all major credit bureaus as a delin­quent col­lec­tion account. Should a charge­back be filed against Solid­Host­De­sign, Solid­Host­De­sign will not hes­i­tate to pro­ceed with col­lec­tion and legal action to recover funds.

Non-Communication

If Solid­Host­De­sign is unable to com­mu­ni­cate with a client regard­ing a project for a dura­tion of 14 days by phone or email dur­ing the design and devel­op­ment process the project may be can­celed with­out prior notice and any funds received to date will be for­feited to SolidHostDesign.

Accep­tance

Be advised that by sub­mit­ting pay­ment for ser­vices offered by Solid­Host­De­sign, the client is agree­ing to all of the terms listed here. Solid­Host­De­sign reserves the right to change or update these terms at any­time with­out prior notice.

Pri­vacy Notice

Solid­Host­De­sign does not share any infor­ma­tion pro­vided by the client with any par­ties pub­lic or pri­vate unless as required by autho­rized law enforce­ment agencies.

Web Site Hosting

1.) Account Setup / Email on file
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 ded­i­cated server pur­chases or 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.

Trans­fers
Our trans­fers team will make every effort to help you move your site to us. How­ever, trans­fers are pro­vided as a cour­tesy ser­vice, and we can not make guar­an­tees regard­ing the avail­abil­ity, pos­si­bil­ity, or time required to com­plete an account trans­fer. Each host­ing com­pany is con­fig­ured dif­fer­ently, and some host­ing plat­forms save data in an incom­pat­i­ble or pro­pri­etary for­mat, which may make it extremely dif­fi­cult if not impos­si­ble to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a trans­fer of data from an old host.

The free trans­fer ser­vices are avail­able for 30 days from your sign up date. Trans­fers out­side of the 30 day free period will incur a charge; please con­tact Solid­Host­De­sign with spe­cific details to receive a price quote.

2.) Con­tent
All ser­vices pro­vided by Solid­Host­De­sign may only be used for law­ful pur­poses. The laws of the State of Florida, the State of Texas, and the United States of Amer­ica apply.

The cus­tomer agrees to indem­nify and hold harm­less Solid­Host­De­sign from any claims result­ing from the use of pro­vided services.

Use of these ser­vices to infringe upon any copy­right or trade­mark is pro­hib­ited. This includes but is not lim­ited to unau­tho­rized copy­ing of music, books, pho­tographs, or any other copy­righted work. The offer of sale of any coun­ter­feit mer­chan­dise of a trade­mark holder will result in the imme­di­ate ter­mi­na­tion of your account. Any account found to be in vio­la­tion of anoth­ers copy­right will be expe­di­tiously removed, or access to the mate­r­ial dis­abled. Any account found to be in repeated vio­la­tion of copy­right laws will be sus­pended and/or ter­mi­nated from our host­ing. If you believe that your copy­right or trade­mark is being infringed upon, please email support@solidhostdesign.com with the infor­ma­tion required. If the request is of a licens­ing issue, we may require fur­ther documentation.

Using a shared account as a backup/storage device is not per­mit­ted, with the excep­tion of one cPanel backup of the same account. Please do not take back­ups of your backups.

Exam­ples of unac­cept­able mate­r­ial on all servers include:

• Top­sites

• IRC Scripts/Bots

• Proxy Scripts/Anonymizers

• Pirated Software/Warez

• Image Host­ing Scripts (sim­i­lar to Pho­to­bucket or Tinypic)

• AutoSurf/PTC/PTS/PPC sites

• IP Scan­ners

• Brute­force Programs/Scripts/Applications

• Mail Bombers/Spam Scripts

• Banner-Ad ser­vices (com­mer­cial ban­ner ad rotation)

• File Dump/Mirror Scripts (sim­i­lar to rapidshare)

• Com­mer­cial Audio Stream­ing (more than one or two streams)

• Escrow/Bank Deben­tures

• High-Yield Inter­est Pro­grams (HYIP) or Related Sites

• Invest­ment Sites (FOREX, E-Gold Exchange, Sec­ond Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)

• Sale of any con­trolled sub­stance with­out prior proof of appro­pri­ate permit(s)

• Prime Banks Programs

• Lot­tery Sites

• MUDs/RPGs/PPBGs

• Hateful/Racist/Harassment ori­ented sites

• Hacker focused sites/archives/programs

• Sites pro­mot­ing ille­gal activities

• Forums and/or web­sites that dis­trib­ute or link to warez/pirated/illegal content

• Bank Debentures/Bank Deben­ture Trad­ing Programs

• Fraud­u­lent Sites (Includ­ing, but not lim­ited to sites listed at aa419.org & escrow-fraud.com)

• Mailer Pro

• IRCD (irc servers)

Solid­Host­De­sign ser­vices, includ­ing all related equip­ment, net­works and net­work devices are pro­vided only for autho­rized cus­tomer use. Solid­Host­De­sign sys­tems may be mon­i­tored for all law­ful pur­poses, includ­ing to ensure that use is autho­rized, for man­age­ment of the sys­tem, to facil­i­tate pro­tec­tion against unau­tho­rized access, and to ver­ify secu­rity pro­ce­dures, sur­viv­abil­ity, and oper­a­tional secu­rity. Dur­ing mon­i­tor­ing, infor­ma­tion may be exam­ined, recorded, copied and used for autho­rized pur­poses. Use of Solid­Host­De­sign system(s) con­sti­tutes con­sent to mon­i­tor­ing for these purposes.

We reserve the right to refuse ser­vice to any­one. Any mate­r­ial that, in our judg­ment, is obscene, threat­en­ing, ille­gal, or vio­lates our terms of ser­vice in any man­ner may be removed from our servers (or oth­er­wise dis­abled), with or with­out notice.

Fail­ure to respond to email from our abuse depart­ment within 48 hours may result in the sus­pen­sion or ter­mi­na­tion of your ser­vices. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

If in doubt regard­ing the accept­abil­ity of your site or ser­vice, please con­tact us at support@SolidHostDesign.com and we will be happy to assist you.

Poten­tial harm to minors is strictly for­bid­den, includ­ing but not lim­ited to child pornog­ra­phy or con­tent per­ceived to be child pornog­ra­phy (Lolita):

Any site found to host child pornog­ra­phy or link­ing to child pornog­ra­phy will be sus­pended imme­di­ately with­out notice.

Vio­la­tions will be reported to the appro­pri­ate law enforce­ment agency.

It is your respon­si­bil­ity to ensure that scripts/programs installed under your account are secure and per­mis­sions of direc­to­ries are set prop­erly, regard­less of instal­la­tion method. When at all pos­si­ble, set per­mis­sions on most direc­to­ries to 755 or as restric­tive as pos­si­ble. Users are ulti­mately respon­si­ble for all actions taken under their account. This includes the com­pro­mise of cre­den­tials such as user name and pass­word. It is required that you use a secure pass­word. If a weak pass­word is used, your account may be sus­pended until you agree to use a more secure pass­word. Audits may be done to pre­vent weak pass­words from being used. If an audit is per­formed, and your pass­word is found to be weak, we will notify you and allow time for you to change/update your password.

3.) Zero Tol­er­ance Spam Pol­icy
We take a zero tol­er­ance stance against send­ing of unso­licited e-mail, bulk email­ing, and spam. “Safe lists” and pur­chased lists will be treated as spam. Any user who sends out spam will have their account ter­mi­nated with or with­out notice.

Please review the Email Pol­icy Post for our gen­er­al­ized mail policy.

Sites adver­tised via SPAM (Spamver­tised) may not be hosted on our servers. This pro­vi­sion includes, but is not lim­ited to SPAM sent via fax, email, instant mes­sag­ing, or usenet/newsgroups. No orga­ni­za­tion or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being black­listed will be imme­di­ately sus­pended and/or terminated.

Solid­Host­De­sign reserves the right to require changes or dis­able as nec­es­sary any web site, account, data­base, or other com­po­nent that does not com­ply with its estab­lished poli­cies, or to make any such mod­i­fi­ca­tions in an emer­gency at its sole discretion.

Solid­Host­De­sign reserves the right to charge the holder of the account used to send any unso­licited e-mail a clean up fee or any charges incurred for black­list removal. This cost of the clean up fee is entirely at the dis­cre­tion of SolidHostDesign.

4.) Pay­ment Infor­ma­tion
You agree to sup­ply appro­pri­ate pay­ment for the ser­vices received from Solid­Host­De­sign, in advance of the time period dur­ing which such ser­vices are pro­vided. You agree that until and unless you notify Solid­Host­De­sign of your desire to can­cel any or all ser­vices received, those ser­vices will be billed on a recur­ring basis unless other arrange­ments are made and agreed to by both parties.

Can­cel­la­tions must be done in writ­ing via email to sales@solidhostdesign.com. Once we receive your can­cel­la­tion and have con­firmed all nec­es­sary infor­ma­tion with you via e-mail, we will inform you in writ­ing (typ­i­cally email) that your account has been can­celed. Your can­cel­la­tion con­fir­ma­tion will con­tain a ticket/tracking num­ber in the sub­ject for your ref­er­ence, and for ver­i­fi­ca­tion pur­poses. You should imme­di­ately receive an auto­matic “Your request has been received…” email with a track­ing num­ber. An employee will con­firm your request (and process your can­cel­la­tion) shortly there­after. If you do not hear back from us, or do not receive the auto­matic con­fir­ma­tion email within a few min­utes after sub­mit­ting your can­cel­la­tion, please con­tact us imme­di­ately via the tele­phone num­ber pro­vided with your account. 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 © 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 Solid­Host­De­sign, it is your respon­si­bil­ity to ensure that your pay­ment infor­ma­tion is up to date, and that all invoices are paid on time. Solid­Host­De­sign pro­vides a 10 day grace period from the time the invoice is gen­er­ated and when it must be paid. Any invoice that is out­stand­ing for 10 days and not paid 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 sales@SolidHostDesign.com

Solid­Host­De­sign reserves the right to change the monthly pay­ment amount and any other charges at anytime.

5.) Back­ups and Data Loss
Your use of this ser­vice is at your sole risk. Our backup ser­vice is pro­vided to you as a cour­tesy. Solid­Host­De­sign is not respon­si­ble for files and/or data resid­ing on your account. You agree to take full respon­si­bil­ity for files and data trans­ferred and to main­tain all appro­pri­ate backup of files and data stored on Solid­Host­De­sign servers.

6.) Can­cel­la­tions and Refunds
Solid­Host­De­sign reserves the right to can­cel the account at any time with or with­out notice.

Any abuse of our staff in any medium or for­mat will result in the sus­pen­sion or ter­mi­na­tion of your services.

Cus­tomers may can­cel at any time via email to sales@solidhostdesign.com. Solid­Host­De­sign gives you an uncon­di­tional 45 day money back guar­an­tee on man­aged shared host­ing, for any cus­tomer who paid the first invoice with a credit card or with Paypal.

The fol­low­ing meth­ods of pay­ments are non-refundable, and refunds will be posted as credit to the host­ing account:

• Bank Wire Transfers

• West­ern Union Payments

• Checks

• Money orders

There are no refunds for admin­is­tra­tive fees, install fees for cus­tom soft­ware, or domain name pur­chases. Refund requests for after the ini­tial 45 days will be refunded on a pro­rated basis of any unused time.

Only first-time accounts are eli­gi­ble for a refund. For exam­ple, if you’ve had an account with us before, can­celed and signed up again, you will not be eli­gi­ble for a refund or if you have opened a sec­ond account with us.

Vio­la­tions of the Terms of Ser­vice will waive the refund policy.

7. Resource Usage

User may not:
a) Use 25% or more of sys­tem resources for longer then 90 sec­onds. There are numer­ous activ­i­ties that could cause such prob­lems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unat­tended server-side processes at any point in time on the server. This includes any and all dae­mons, such as IRCD.
c) Run any type of web spi­der or indexer (includ­ing Google Cash / AdSpy) on servers.
d) Run any soft­ware that inter­faces with an IRC (Inter­net Relay Chat) net­work.
e) Run any bit tor­rent appli­ca­tion, tracker, or client. You may link to legal tor­rents off-site, but may not host or store them on our servers.
f) Par­tic­i­pate in any file-sharing/peer-to-peer activ­i­ties. If file-sharing is being used prior to estab­lish­ing the account with Solid­Host­De­sign, con­tinue to use that account. Do not trans­fer it over to Solid­Host­De­sign pro­vided ser­vices.
g) Run any gam­ing servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with inter­vals of less than 15 min­utes When using PHP include func­tions for includ­ing a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)

7b.) INODES
The use of more than 250,000 inodes on any shared account may poten­tially result in a warn­ing first, and if no action is taken future sus­pen­sion. Accounts found to be exceed­ing the 50,000 inode limit will auto­mat­i­cally be removed from our backup sys­tem to avoid over-usage. Every file (a web­page, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode lim­its are unlikely to be sus­pended; how­ever, accounts that con­stantly cre­ate and delete large num­bers of files on a reg­u­lar basis, have hun­dreds of thou­sands of files, or cause file sys­tem dam­age may be flagged for review and/or sus­pen­sion. The pri­mary cause of exces­sive inodes seems to be due to users leav­ing their catchall address enabled, but never check­ing their pri­mary account mail­box. Over time, tens of thou­sands of mes­sages (or more) build up, even­tu­ally push­ing the account past our inode limit. To dis­able your default mail­box, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.

7c.) Backup Limit
Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the the excep­tion of Data­bases con­tin­u­ing to be backed up. All data will con­tinue to be mir­rored to a sec­ondary drive which helps pro­tect against data loss in the event of a drive failure.

8.) Band­width Usage
You are allo­cated a monthly band­width allowance. This allowance varies depend­ing on the host­ing pack­age you pur­chase. Should your account pass the allo­cated amount we reserve the right to sus­pend the account until the start of the next allo­ca­tion, sus­pend the account until more band­width is pur­chased at an addi­tional fee, sus­pend the account until you upgrade to a higher level of pack­age, ter­mi­nate the account and/or charge you an addi­tional fee for the over­ages. Unused trans­fer in one month can­not be car­ried over to the next month.

9a.) Money back Guar­an­tee
On ded­i­cated servers and col­lo­ca­tion no full refund will be hon­ored — the 45 day money back guar­an­tee does not apply. We reserve the right to refund a pro­rated amount or no refund at all.

Each of SolidHostDesign’s man­aged servers carry a 45 day uncon­di­tional money back guar­an­tee on them. If you are not com­pletely sat­is­fied with our ser­vices within the first 45 days of your ser­vice, you will be given a full refund of the con­tract amount. Remem­ber, this is only for monthly web host­ing pack­ages and does not apply to web site design, admin­is­tra­tive fees, install fees for cus­tom soft­ware, or domain name purchases.

9b.) Uptime Guar­an­tee
If your web server server has a phys­i­cal down­time that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the dis­cre­tion of Solid­Host­De­sign depen­dant upon jus­ti­fi­ca­tion pro­vided. Third party mon­i­tor­ing ser­vice reports may not be used for jus­ti­fi­ca­tion due to a vari­ety of fac­tors includ­ing the monitor’s net­work capacity/transit avail­abil­ity. The uptime of the server is defined as the reported uptime from the oper­at­ing sys­tem and the Apache Web Server which may dif­fer from the uptime reported by other indi­vid­ual ser­vices. To request a credit, please con­tact sales@SolidHostDesign.com with jus­ti­fi­ca­tion. All requests must be made in writ­ing via email. Uptime guar­an­tees only apply to web host solutions.

10.) Reseller: Client Respon­si­bil­ity
Web site host­ing ser­vices pro­vided by Solid­Host­De­sign is made pos­si­ble through a reseller arrange­ment with Host­Ga­tor LLC. As a reseller Solid­Host­De­sign is respon­si­ble for sup­port­ing its clients. Host­Ga­tor LLC does not pro­vide sup­port to Solid­Host­De­sign clients. If a Solid­Host­De­sign client con­tacts Host­Ga­tor LLC, Host­Ga­tor LLC reserve’s the right to place the client account on hold until the Solid­Host­De­sign can assume their respon­si­bil­ity for the client. All sup­port requests must be made by Solid­Host­De­sign on its clients’ behalf for secu­rity pur­poses. Solid­Host­De­sign clients are respon­si­ble for all con­tent stored or trans­mit­ted under their account. Solid­Host­De­sign will hold any client respon­si­ble for any actions that vio­late the law or the terms of service.

11.) Reselling Ser­vices
Solid­Host­De­sign clients may not resell web host­ing or web mas­ter ser­vices to other peo­ple or entities.

12.) Ded­i­cated Servers
Solid­Host­De­sign reserves the right to reset the pass­word on a client server if the pass­word on file is not cur­rent so that we may do secu­rity audits as required by our con­tracted dat­a­cen­ter. It is the respon­si­bil­ity of the client to ensure that there is a valid email address and cur­rent root pass­word on file for their server on file to pre­vent down­time from forced pass­word resets. Solid­Host­De­sign reserves the right to audit servers as needed and to per­form admin­is­tra­tive actions at the request of our con­tracted dat­a­cen­ter. It is your respon­si­bil­ity to main­tain backups.

13.) Price Change
We reserve the right to change prices listed on SolidHostDesign.com, and the right to increase the amount of resources given to plans at any time.

14.) Coupons
Dis­counts and coupon codes are reserved for first-time accounts *or first-time cus­tomers* only and may not be used towards the pur­chase of a domain reg­is­tra­tion unless oth­er­wise spec­i­fied. If you have signed up using a par­tic­u­lar domain, you may not resign up for that domain using another coupon at a later date. Any account found in vio­la­tion of these poli­cies will be reviewed by our sales depart­ment and the appro­pri­ate invoices will be added to the account. Coupon abuse will not be tol­er­ated and may result in the sus­pen­sion or ter­mi­na­tion of the account.

15a.) Indem­ni­fi­ca­tion
Cus­tomer agrees that it shall defend, indem­nify, save and hold Solid­Host­De­sign harm­less from any and all demands, lia­bil­i­ties, losses, costs and claims, includ­ing rea­son­able attorney’s fees asserted against Solid­Host­De­sign, 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 Solid­Host­De­sign against lia­bil­i­ties aris­ing out of; (1) any injury to per­son or prop­erty caused by any prod­ucts sold or oth­er­wise dis­trib­uted in con­nec­tion with Solid­Host­De­sign; (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 SolidHostDesign’s server.

15b.) Arbi­tra­tion By using any Solid­Host­De­sign ser­vices, you agree to sub­mit to bind­ing arbi­tra­tion. If any dis­putes or claims arise against Solid­Host­De­sign or its sub­sidiaries, such dis­putes will be han­dled by an arbi­tra­tor of SolidHostDesign’s choice. An arbi­tra­tor from the Amer­i­can Arbi­tra­tion Asso­ci­a­tion or the National Arbi­tra­tion Forum will be selected in the state of Florida. Arbi­tra­tors shall be attor­neys or retired judges and shall be selected pur­suant to the applic­a­ble rules. All deci­sions ren­dered by the arbi­tra­tor will be bind­ing and final. The arbitrator’s award is final and bind­ing on all par­ties. The Fed­eral Arbi­tra­tion Act, and not any state arbi­tra­tion law, gov­erns all arbi­tra­tion under this Arbi­tra­tion Clause. You are also respon­si­ble for any and all costs related to such arbitration.

16.) Dis­claimer
Solid­Host­De­sign shall not be respon­si­ble for any dam­ages your busi­ness may suf­fer. Solid­Host­De­sign makes no war­ranties of any kind, expressed or implied for ser­vices we pro­vide. Solid­Host­De­sign 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 Solid­Host­De­sign and its employees.

17.) Dis­clo­sure to law enforce­ment
Solid­Host­De­sign 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.

18.) Changes to the TOS
Solid­Host­De­sign reserves the right to revise its poli­cies at any time with­out notice.