*Hamnutz.com - Hosting for hams, by hams

TOS

HamNutz Terms of Service Agreement

ACCOUNT SETUP - We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. IMPORTANT: It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.

CONTENT - All services provided by HamNutz may not be used for any unlawful purpose. The customer agrees to indemnify and hold harmless HamNutz from any claims resulting from the use of our services.

While we fully support your right to free speech we do not guarantee you a place to publish it here. Some examples of unacceptable material:

Copyrighted material
Adult/porn sites
IRC Bots
Warez Sites
Pirated Software
Hate sites
Hack programs and archives

ZERO TOLERANCE SPAM POLICY - We take a zero tolerance stance against sending of unsolicited e-mailor "SPAM."If you are not sure what we will consider to be spam, email us and we will quickly let you know. Any user who sends out spam will have their account terminated without notice. HamNutz reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. HamNutz also reserves the right to make any such modifications in an emergency at our sole discretion.HamNutz reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of HamNutz. All rights reserved.

PAYMENT INFORMATION - You agree to supply appropriate payment for the services received from HamNutz, in advance of the time period during which such services are provided. You agree that until and unless you notify HamNutz of your desire to cancel any or all services received, those services will be billed on a recurring basis. HamNutz reserves the right to change the payment amount and any other charges at anytime.

CANCELLATION and REFUNDS - HamNutz reserves the right to cancel the account at any time. Customers may cancel at any time. HamNutz gives you an unconditional 30 day money back guarantee on all hosting plans. Refund requests after 30 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, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

MONEY BACK GUARANTEE - Each of HamNutz's plans carries 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.

RESOURCE USAGE - You may not:

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.
Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any gaming servers such as counter-strike, half-life, battlefield1492, etc

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. Repeated overages may result in termination of your account at the sole discretion of HamNutz. Unused bandwidth in one month cannot be carried over to the next month.

BACKUPS and DATA LOSS - We will always do our very best to protect your files and data. However your use of the service is at your sole risk. HamNutz is not responsible for files and 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 HamNutz servers.

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

DISCLAIMER - HamNutz will not be responsible for any damages that you or your business may suffer. HamNutz makes no warranties of any kind, expressed or implied for services we provide. HamNutz 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 HamNutz and its employees. Changes to this TOS - HamNutz reserves the right to revise its policies at any time without notice. The TOS will always be available on our web site for your review.