Terms and Conditions of Service

Important Notice
All Shared Linux and Windows Hosting payments to EarthNet  Hosting, LLC have a 30-day Money Back Guarantee.

EarthNet  agrees to provide the client web hosting for a monthly/quarterly/semi-annual/annual fee. EarthNet  will never require clients to advertise for EarthNet  on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal websites or content. EarthNet  reserves the right to change this agreement at any time without notice.

Contents
All services provided by EarthNet  may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless EarthNet Host from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of Non-Acceptable Contents or Links

Pirated software
Hacking programs or archives
Warez Sites
Illegal MP3 or related audio files
Spamming Software
Vip Poster
High Yeald Investment Program (HYIP) sites
Proxys (including links to proxy websites)

Background Running Programs
EarthNet  does not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Banned Scripts
You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically above. Scripts that are commonly known for causing server disruption include large cgi-based message forums, chat programs, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, EarthNet  reserves the right to disable the account pending client cooperation and resolution.

Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights
Material accessible to you through EarthNet  Services may be subject to protection under the United States of America (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the EarthNet  Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the EarthNet  Network. If you use a domain name in connection with the EarthNet  Host Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service
EarthNet  reserves the right at its sole discretion to refuse or cancel service. Violation of any of EarthNet 's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.

Spam or Unsolicited E-Mail
You must not use the EarthNet  Network, EarthNet  equipment or any EarthNet  email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the EarthNet  Network, EarthNet  equipment or any EarthNet  email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, EarthNet  reserves the right to disable your domain without warning. In addition, EarthNet  may impose a $50 penalty for each spam policy violation. EarthNet  solely reserves the right to refuse or cancel service to known spammers. Lastly, EarthNet  reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse
Any attempts to undermine, slander, libel, threaten, or cause harm to a EarthNet  server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold EarthNet  (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against EarthNet , 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless EarthNet  against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with EarthNet  server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of EarthNet  to the amount paid for service.

Free Domain Offers
When this offer is being ran and you have a valid promo code:
The terms & conditions for our free domain name offer are plain and simple. We will register the domain name for 1 year on your behalf (Only available for New Customers during sign up). All we ask is that you stay hosting with us for a minimum of 6 months. If you stay for 6 months or longer and then decide to leave you are free to take the domain at no charge. If you do not stay for 6 months you will be required to pay the full price of the domain name before your account can be cancelled.

Refund and Cancellation Policy
For payment, EarthNet  accepts Visa, MasterCard, Discover, American Express or PayPal. EarthNet  invoices exclusively via e-mail. EarthNet  does not send out invoices via postal services.

You may cancel your account at any time and receive a full refund (excluding any setup fees or domain name registrations fees incurred) if cancelled within our thirty (30) day money-back guarantee period.  To receive this refund, you may not be on a custom package of any sort. You must be on one of the pre-created packages by EarthNet  that is listed on our site. You may cancel for any reason. Refunds are not available if the account has violated any terms on this page.

If after thirty (30) days you wish to cancel your hosting account, you will receive no refund of any monies already paid to EarthNet .

However, if customer cancels fifteen (15) days before recurring monthly billing date customer will not be billed for the next month and all payments thereafter will be cancelled with immediate effect.

No refunds are available on SSL Certificates, Domain registrations and transfers or Dedicated server and VPS payments.

Late Payment
Please note All Payments are done automatically monthly.
Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, customers are given a 10 day grace period after which the account is put on suspension. Once the invoice is late a late fee of $10 will be automatically added to the invoice.

You will receive a payment reminder everyday from the start of your payment due date. If after 30 days payment has not been received or we have not been contacted regarding payment, your account will be terminated without any further notice. Reactivation of closed accounts due to delinquency incurs a $15 reactivation fee as well as payment of the balance due in full. For late payments please email billing@earthnethost.com to arrange payment.

Cancellation
You must use only one of following methods to deliver a official written notice of cancellation:
Please fill out the entire Cancellation Form. On receipt your account will be pending cancellation within 24 hours. Please include your Name, domain name, username, password and your reason for canceling.

Disclaimer
EarthNet  will not be responsible for any damages your business may suffer. EarthNet  makes no warranties of any kind, expressed or implied for services we provide. EarthNet  disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by EarthNet  and its employees. EarthNet  makes a 99.9% Uptime guarantee.

EarthNet  keeps daily backups of their servers. EarthNet  can accept no responsibility for any loss of data or consequences arising from this. EarthNet  always advises clients to back up their site data regularly for its own protection.

Finally, EarthNet  wishes to emphasize that in accepting services, customers indemnify EarthNet Hosting, LLC, it's Parent Company TafSec, Inc and it's subsidiaries for the violation of any law or EarthNet  policy, that results in loss to EarthNet  or the bringing of any claim against EarthNet . This means that if EarthNet  is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against EarthNet Hosting, LLC, and it's Parent Company TafSec, Inc , plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.

EarthNet  reserves the right to change, edit, or update the policies contained in this document, along with the content on our website at any time for any reason without notice.

IP limits
SEO IP limit - Accounts can only use the allotted amount of IP's that come with a package to use toward SEO. If your package does not come with an IP you will be allowed only 1 IP address for SEO. IP's used for SSL's and valid uses will never been turned down. If found frauding IP's for SEO past these limits the account(s) will be up for suspension and or termination. Domains with a dedicated IP must be pointed to our servers else risk the dedicated IP being removed from the account.

IP class's - EarthNet can not promise that we will be able to provide different ip classes on a single server. If we so happen to get more then one class this can be done. This all depends on what is available from our datacenter.

Due to a shortage of IP addresses around the world each dedicated IP must be requested via the dedicated IP request form and will only be given if the requester has a complete and valid reason. Dedicated servers will be charged a one time fee of $10 for each order.

The use of the any unlimited disk space or bandwidth package is subject to the following terms

1. All accounts must have valid, working websites, and not violate any previously subscribed terms
2. Accounts are not for use of mass storage of backups, files, audio, video, zip files, or similar
3. Accounts are not for the use of mass distributing of files such as torrents or mirrors
4. Any accounts found to violate these terms may be suspended without notice until the account holder agrees to resolve the issue.

Server Limits
25% CPU and or memory for 3 minutes.
Combined 5% CPU & RAM over 24 hours.
250 email limit per domain per hour.
50 concurrent database connections at one time.
Apache threads to be open no longer then 999 seconds.
PHP upload limit of 15 megs.
Max PHP session time of 300 seconds or less.
Limits are subject to change at anytime.