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 (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.

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.