Terms of service
By using our services you agree to these terms of service. THis agreement ("Agreement") outlines informationt of what you can and can not host on ShakeHost servers as well as use our services.
Prohibited Content
If your account if found to have these Materials your account and website will be terminated without notice. Your refund of any kind is voided. This content is prohibited on ShakeHost servers, webistes. Includes clients/customers but not limited to.
Server Usage
If your account uses more then 30% cpu for more then 30 seconds or 5gig ram for more then 1 minute. You will be sent an email as a verbal warning. If this action continues your account will be terminated, without refund. If you go over your space you will be charged $1 per gig per month. If you exceed your bandwidth you will be charged $0.50 per gig you are over.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of ShakeSpace is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Refusal of service
ShakeHost has the right to refuse, cancel, suspend hosting account at our descretion.
Unsolicited Email & Spamming
Unsolicited commercial advertisements ("SPAM") are not allowed in e-mail, and will likely result in account cancelation. Shakehost takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, we will charge YOU up to $25 per unsolicited email message sent and delete YOUR account with any prior notice. The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages. NOTE - If YOU use the services of another provider to promote a website hosted by or through Shakehost ("spamvertising"), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.
Refunds
Customers may cancel at any time within the billing system portal. Shakehost gives you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal. There are no refunds on administrative fees, install fees for custom software,. Refund requests for shared and reseller accounts after the initial 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, 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.
99.99% UPTIME GUARANTEE
(1.) COVERAGE - This 99.99% uptime guarantee applies to any Customer in good financial standing with Shakehost at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT ("SLA") & SPECIFICATIONS - Shakehost endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime ("unavailability") is defined as 100% packet loss from Shakehost to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Shakehost's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Shakehost NOC. Shakehost's administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the Shakehost network.
(3a.) SHARED HOSTING CREDITS - In the event that YOUR website is unavailable for less than 100%, Shakehost will credit the following month's service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month. Monthly Uptime Credit:
- 95% to 99.9% - YOUR account will be credited 10% of your monthly hosting fee
- 90% to 94.9% - YOUR account will be credited 20% of your monthly hosting fee
- 89.9% or below - YOUR account will be credited 50% of your monthly hosting fee
(3b.) MANAGE DEDICATED SERVERS - For managed dedicated server Customers, if the uptime is between 98.9% and 99.9% for any particular month, credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the Customer's services during the month and the calculated actual level of availability of the Customer's services, multiplied by the actual charges incurred by YOU for the services during that monthly period. In addition, for managed dedicated servers, YOU may be entitled to additional credits as calculated below measured 24-hours a day in a calendar month, with the maximum credit not to exceeding 25% of the monthly service charge for the affected month. In order for YOU to receive a credit on YOUR account, YOU must request such credit within seven (7) days after YOU experienced the downtime. You must request credit by sending an e-mail message to support@shakehost.com. For security, the body of this message must contain YOUR account number, the dates and times of the unavailability of YOUR website, and such other customer identification requested by Shakehost. Credits will usually be applied within sixty (60) days of YOUR credit request. Credit to YOUR account shall be YOUR sole and exclusive remedy in the event of an outage.
(4.) RESTRICTIONS - Credit shall not be provided to YOU in the event that you have any outage resulting from:
- scheduled maintenance as posted from time to time at Shakehost,
- your behavior or the performance or failure of your equipment, facilities or applications,
- circumstances beyond Shakehost's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
- YOU breaking any agreement policy in
Disclaimer
ShakeHost cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by ShakeHost are resold. Thus, certain equipment, routing, software and programming used by ShakeHost are not directly owned or written by ShakeHost. Moreover, ShakeHost holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as ShakeHost sees fit.
Last updated: Dec 19 2009