Updated: 06/30/11

It is our policy to provide timely and courteous service to all of our clients. It is towards that end that the policies presented here were developed.

Be sure that all decisions to change a policy receive serious consideration. Please check this site so that you are made aware of any changes in current policies, or notifications that may require your attention.

Policy Statements include information on:

Terms of Service

Web Design and Graphics Projects

Mail system usage

Privacy

DCMA Complaints and how to submit them.

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Terms of Service

The use of services from SolidHostDesign.com, [hereafter referred to as "SolidHostDesign" or “SHD”] 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 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

Short Version: Clients own the rights to their contents and dependent on the components used to create the site they may not own the rights to the site’s graphic design and layout.

Long Version: Clients in good standing (project fee payments completed or up to date) retain their copyrights to content used on their site. Otherwise, copyright to the finished assembled work of HTML, XHTML,XML and or CSS produced by SolidHostDesign is owned by SolidHostDesign. Template licensing is dependent on the source of the template. 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. Planned changes will be forwarded to the affected clients at least 30 days prior to the change taking effect. Delinquent fees reflect the charges owed at the time they are incurred.

Support

Clients with managed sites may contact support during normal business hours Monday to Friday 9am to 5 pm EST. 24 hour, seven day emergency support is available for site outages and such emergencies.

Cancellations and Refunds

Each of SolidHostDesign’s managed servers carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 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.

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. Content provided by the client remains the client’s property. SolidHostDesign reserves the right to cancel the account at any time with or without notice.

Customers may cancel at any time via email to sales@solidhostdesign.com. SolidHostDesign gives you an unconditional 30 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 30 day period may not be honored and will be done so at SolidHostDesign’s discretion only.

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.

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. Though a best effort will be made to advise clients of changes, 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.

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.

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.

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 (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 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.

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.

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”)

7.) 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.

7b.) 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.

9.) Uptime Guarantee
If your web server server has a physical downtime that is not within the 99.9% uptime you may receive up to 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 managed 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. Customers who have subscribed to our services at one rate prior to a price change will not have their rates changed – UNLESS – their resource usage puts them into a higher rate group.

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.

Mail Policy

Limits
There is a 500 outgoing email hourly limit per domain. This limit is also applied towards Mailman. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again.

Many of our servers have a limit of 30 POP3/IMAP checks per hour per IP address. If you go over this you’re likely to get a wrong password error message or an error stating “login incorrect”. If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes.

Any mailing list larger than 5,000 addresses will require a dedicated hosting solution. Note: Dividing one large list into smaller lists to get below this limit is not allowed.

There is also a limit to the number of Mailman mailing lists permitted as per listed in your cPanel display

Mailing Lists Rules
1. Any time you’re sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 10 seconds. (Sending 1 every 10 seconds would send 360 emails within 1 hour, keeping you below the 500 outgoing email limit.) If the mailing list software you’re using does not allow you to throttle you must switch to an application or script that will. We recommend PHPList, which can be found in your CPanel under Fantastico.

IMPORTANT: If you do not throttle and you try sending 500 emails, the server will try sending all 500 in 1 second which is not possible on the servers. This will cause a very high load on the server and the entire server will be sluggish, potentially affecting your site and service, until this sending process is completed. It is our desire to keep the server up and running without being sluggish or experiencing issues. Anyone who causes the server’s load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended for crashing the server.

2. Any mailing list over 900 email addresses is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1AM – 8AM Eastern Standard Time, Monday through Friday.

3. The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else’s email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.

4. Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.

5. Any mailling list MUST comply with all guidelines set forth by the United States government. These can be found at http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.htm .

1. No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.

Privacy Policy

Introduction
SolidHostDesign. is committed to protecting any data that we collect concerning you.
By using our services you agree to the use of the data that we collect in accordance
with this Privacy Policy.

SolidHostDesign is committed to protecting your privacy The minimum amount of information will be collected about you that is commensurate with providing you with a satisfactory service. This Policy indicates the type of processes that may result in data being collected about you. Your use of this website gives us
the right to collect that information.

Information Collected

SolidHostDesign may collect any or all of the information that you give us depending on the type of transaction you enter into, including your name, address, telephone number, fax number and email address, together with data about your use of the website. Other information that may be needed from time to time to process a request
may also be collected as indicated on the website.

Information Use

Information being collected is used primarily to process the task for which you visited the website.
All reasonable precautions are taken to prevent unauthorised access to this information. This safeguard may require you to provide additional forms of identity should you wish to obtain information about your account details.

Cookies

Your Internet browser has the in-built facility for storing small files – “cookies” – that hold information which allows a website to recognise your account. Our website takes advantage of this facility to enhance your experience.
You have the ability to prevent your computer from accepting cookies but, if you do, certain functionality on the website may be impaired.

Disclosing Information

SolidHostDesign will not disclose any personal information obtained about you from this website to third parties. The information may be used to keep in contact with you and inform you of developments associated with our business. You will be given the opportunity to remove yourself from any mailing list or similar device. If at any time in the future we should wish to disclose information collected on this website to any third party, it would only be with your knowledge and consent.

We may from time to time provide information of a general nature to third parties – for example, the number of individuals visiting our website or completing a registration form, but we will not use any information that could identify those individuals.

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. SolidHostDesign will cooperate fully with law enforcement agencies.

Changes to this Policy

Any changes to our Privacy Policy will be placed on the web site and will supersede this version of the Policy. SolidHostDesign will take reasonable steps to draw your attention to any changes in the Policy. However, to be on the safe side, we suggest that you read this document each time you use the website to ensure that it still
meets with your approval.

Contacting Us

If you have any questions about our Privacy Policy, or if you want to know what information we have collected about you, please contact us via em-mail at info@solidhostdesign.com . You can also correct any factual errors in that information or require us to remove your details form any list under our control.

DCMA Complaints

SolidHostDesign requires DMCA notices to be filed via letter. The complaint must include full contact information in the complaint (including phone number). We will call and verify. Email (unless digitally signed by a verified and trusted third party) is not an acceptable medium for legal complaints.
Issues which may prevent the proper handling of such complaints include missing information such as:

• The complaint does not contain sufficient information
• The format of the complaint is inconsistent with the requirements of the DMCA
• The complaint has been submitted via email without proper authentication
• Full contact information is missing..

 

We will need you to re-submit your claim, using the proper format, including sufficient detail, via postal mail. Instructions on how to do so follow.

It is our policy to respond to clear notices of alleged copyright infringement. This response describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify.

The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site,http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.

To file a notice of infringement with us, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, “The copyrighted work at issue is the text that appears on http://www.SolidHostDesign.com/tos.shtml”) or other information sufficient to specify the copyrighted work being infringed (for example, “The copyrighted work at issue is ?Intellectual Property: A Song About Me And The Story Behind It by Bonita Applebaum, published by Random House, ISBN #584357701K”).

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. You must identify each web page that allegedly contains infringing material. This requires you to provide the URL for each allegedly infringing result, document, or item.
An example:
Infringing Web Pages:

http://www.thewebsite.com/directory/

http://www.thewebsite.com/something/blah.html

3. Provide information reasonably sufficient to permit us to contact you.

4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).

5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”

6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

7. Sign the paper.

8. If via postal mail, send the written communication to the following address:

SolidHostDesign
Attn: Abuse Department, DMCA Complaint
P.O.B. 340007
Tampa, FL 33694
United States of America

Regardless of whether we may be liable for such infringement under local country law or United States law, we may respond to these notices by removing or disabling access to material claimed to infringe and/or terminating users of our services. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that the owner or administrator may make a counter notification.

We may also document notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be made available to the public and sent to one or more third parties who may make it available to the public.

In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed. [512(g)]

If a subscriber provides a proper “counter-notice” claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual’s objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network. [512(g)(2)(C)]

If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the OSP for any damages that resulted from the improper removal of the material. [512(f)]

Changes to the TOS

SolidHostDesign, Inc. reserves the right to revise its policies at any time without notice.