The Services We Provide
In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process. For clarity, on this page, the term "services" refers to the web hosting services that we will provide to you.
Permission to Host Your Content
For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.
When the Services Will be Available
We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service, however we will do best effort in all cases to make sure your website stays up.
SLA
StableHost.com strives to maintain a 99.9% network and server uptime service level.
Exceptions:
Customer shall not receive a credit under this SLA in connection with any failure or deficiency of our network caused by or associated with:
* Circumstances beyond reasonable control: including, without limitation, acts of any governmental body, war, terrorism, or "Acts of God" (fire, tornado, flood, earthquake),
* Scheduled maintenance
* DNS issues not within our control
* Client acts, such as broken scripts or misconduct or use of our service in breach of our Terms of Service.
In the event StableHost.com did not meet the 99.9% SLA, attached is the discount you can receive:
- 99.8 = 10% off your current bill
- 99.7 = 20% off your current bill
- 99.6 = 30% off your current bill
- 99.5 = 40% off your current bill
- 99.4 = 50% off your current bill
- 99.3 = 60% off your current bill
- 99.2 = 70% off your current bill
- 99.1 = 80% off your current bill
- Under 99 = 100% off your curent bill.
To claim your SLA credit, please open up a billing ticket at the end of the month with the dates, times and durations of
the outage and we will investigate your claim.
* Please note: If you pay yearly, it will be a percentage of the monthly price.
Chargebacks
In the event you do a chargeback against a StableHost charge without talking to StableHost first, you agree to pay all fees StableHost gets charged due to the chargeback.
Personal Information
When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. Our privacy policy is very simple. We will never give out your information except under one condition, if there is a court order requesting it. We do not use your email, address or phone number for any marketing purposes. If you do register a domain name with us, we will use your address to register your domain, per ICANN regulations, however you can change any of those settings via your billing portal.
60-Day Money-Back Guarantee
As we explain in this paragraph, we offer you a 60 day Money-Back Guarantee on all shared hosting plans. And here is how our cancellation policy works.
We will refund you the entire amount of any fees paid except setup and/or domain registration fees if you cancel within your first 60 days.
In the event you received a free domain as part of your plan, you can keep the domain for an additional $9.95 which includes the first year of registration.
The money back guarantee is only allowed to be used in the event you were not happy with our services. Therefore, if you have multiple accounts and only want to cancel one account, or you cancel your account and re-signup under a different package/promotion, the guarantee would not apply.
In the event your account is suspended or terminated due to breach of Terms of Service, you are not entitled to your 60-Day Money-Back Guarantee.
Automatic Renewal
When you sign up, your account will be enabled with auto renewal, which means that when your renewal date arrives, your hosting plan and domain will be renewed. When it is time for renewal, the credit card you have on file with us will also be charged. If you wish to not have this happen, and you would not like to renew your account, you must cancel 10 days prior to your renewal date. If you fail to cancel your service before your invoice is created, your service will be renewed. If you have any questions as to when your renewal date is, simply login to https://billing.stablehost.com and click on products, you can also contact our billing department if you have any questions. If you fail to cancel 5 days prior to renewal, your account will be renewed for a new term, so please be sure to fill out the cancellation form located above if you do not want to renew.
If more than 7 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account, which means that your data, files and website will become in-active and cannot be accessed. In the event your account gets suspended, there is a $2.00 re-activation fee. If in the following 30 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again immediately.
If, however, 30 days pass from the date on which your account is suspended and you have not made payment in full, StableHost shall have the right to delete all data you have uploaded to the servers. To summarize, if you get 60 days behind in making payments, your data will be deleted. You hereby acknowledge that this is StableHost's policy when it comes to data retention, and waive all rights in and to your data in these situations.
Custom Scripts
If you have custom programming scripts for your website, we are unable to help you troubleshoot them. If there is something wrong with the server, we will try to adjust the server's configuration to support it, however configuration or troubleshooting of the actual script is out of scope of our support. We do offer managed services for those who need additional help at a rate of $75/hour. Please open up a support ticket with us if you need managed services.
Backups
We will make every attempt to retain nightly backups. However, as with any data storage systems, backups can fail. We encourage you to perform your own backups. You can backup your website yourself via the cPanel. If for some reason you accidentally make a mistake and you need StableHost to restore a backup of your website from our restore points, we will honor one restore per month for free. Additional restores are $10 each. If you needed to restore something due to a StableHost problem, the fee is waived.
Acceptable Use/Illegal Activity
StableHost strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:
- Pornographic material (including cartoons)
- Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.
- Hosting of files or other data that infringes on another's copyright or other intellectual property rights.
- Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
- Uploading or linking to any content that violates another's right of publicity or privacy.
- Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.
- Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
- Hosting large amounts of data not specifically tied ("linked") to your hosting account. StableHost encourages users looking for file storage/backup solutions to seek other services that specialize in this.
Coupon
Coupons/Promotions are only good for new clients, upgrading or downgrading your package are not subject to future promotions/coupons unless stated.
Did you know the majority of people do not read the terms of service? In return, since you did read ours, we will give you 50% off your first month's service with StableHost. Use the coupon code TOS for 50% off, and thank you for reading our terms!
Domain For Life
If you received a free domain as part of your plan, we will renew your domain for free as long as you continue to renew your hosting package. renew your monthly You are allowed one free domain from a .com, .net or .org extension.
In the event you wish to move to another hosting company, you are free to take your domain with you at no cost (See Money-Back Guarantee for exceptions). On all other plans, StableHost registers your domain name for the first year for free, if you wish to renew it with StableHost, it will be renewed at normal domain registration prices, if you fail to renew your domain it will be dropped.
Content
All services provided by StableHost may only be used for lawful purposes.
The customer agrees to indemnify and hold harmless StableHost from any claims resulting from the use of our services.
Use of our 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. If you believe that your copyright or trademark is being infringed upon, please contact us with the information required.
Examples of unacceptable material on all Shared servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
Offering video and/or audio streaming or downloads. You may link to streaming media, but cannot host streaming media on your StableHost.com account.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.
While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server's CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. 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. StableHost 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. StableHost 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 entirely at the discretion of StableHost.
Resource Usage
User may not:
Use 25% or more of system resources for longer than 90 seconds.
Host websites of friends and family members. Unlimited add-on domains only apply to your own domains.
Resell web hosting on a non-reseller plan.
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 type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
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 shared servers.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as Half Life, Battle Field, etc.
Run cron entries with intervals of less than 15 minutes
INODES
The use of more than 200,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 200,000 inode limit will automatically be removed from our backup system to avoid overusage. 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
These Terms of Service May Change
Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.
DMCA Copyright Infringement Information
In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our agent for notice of claims of copyright infringement can be reached as follows:
By mail:
Nerdie Networks LLC
3941 E. Chandler Blvd
Suite 106-211
Phoenix, AZ 85048
By email: sales@stablehost.com
Indemnification
If StableHost is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pick up the tab if StableHost is found liable or pays to settle the dispute. In legal terms, this is called "indemnification." Not only do you agree to reimburse StableHost for what it pays to satisfy a judgment or settle a case, you also agree to pay StableHost's reasonable attorney's fees and all other costs StableHost incurs in defending itself.
Cancel at any time
StableHost reserves the right to cancel your account at any time and for any reason. You will be refunded any money (minus setup fees) as long as you were not in violation of the terms. The customer may also cancel at any time, however if it's out of the 60 day money back guarantee, no refund will be provided.
Disclaimer of Warranties
You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. StableHost EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. StableHost MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. StableHost DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
Limitation of Liability
Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, StableHost cannot be held liable for it. IN NO EVENT SHALL StableHost. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF StableHost HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of StableHost. due to your enrollment in the affiliate program,
By using StableHost you agree to the above terms of service.
