Champion Consulting, provides web hosting to a large number of clients. We have a responsibility to protect each client and provide the best services available. The following guidelines have been established to insure this intent is met.
Champion Consulting ("The Company") agrees to furnish services to the Subscriber, subject to the following these "policies" also known as AUP (Acceptable Use Policy) and TOS (Terms of Service). From herewith in this AUP and TOS, the usage of "us", "we", "our", "ours" shall constitute reference to Champion Consulting, the usage of "you", "your", "they", "them" shall refer to client / customer of Champion Consulting.
Use of company services constitutes acceptance and agreement to the company's AUP (Acceptable Use Policy) and TOS (Terms of Service). All clients, servers, traffic, and equipment of the company are subject to this contract and terms herein. These policies may be changed from time to time at the discretion of the company. Subscriber understands that change to the by the Company shall not be grounds for early contract termination or non-payment.
Disclosure :
We are not responsible for any claims resulting
from the use of our service. This is also true for sites that promote any
illegal activity or content that may be damaging to our servers or any other
server on the internet. Links to such materials are prohibited. The Company will
only disclose subscriber information including assigned IP numbers, account
history, account use, etc. to a law enforcement agent or official that provides
an authentic subpoena.
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Contact & Billing Information :
You must provide us with, and
keep current, good contact information for you. This includes but is not limited
to E-mail addresses not based on the main domain of your account and telephone
contacts. Maintaining accurate and updated information with us is required. We
are not responsible for any claim, damages, fees, or otherwise as a result of
accounts terminated or suspended due to inaccurate or unusable contact
information. Providing false contact information of any kind may result in the
termination of your account.
Account Setup :
While we maintain the highest standards and try
for near instant account activations this is not always possible. Certain
account types such as dedicated servers, virtual private servers, and
collocation
services may often require a great deal of extra time to provision. We make no
guarantee's in regards to the speed in which an order is completed. At times
additional fraud checks or information may be needed, and the client agrees to
provide said information in a timely manner. In certain cases such as dedicated
or virtual private servers purchases and other high risk transactions, it may be
necessary to provide government issued identification and a scan of the credit
card used. If you fail to meet any requirements, the order may be cancelled
without notice. We will setup your account when we received payment and the
order has been screened for fraud.
Account Transfers :
In certain cases where requested by the client
we will transfer your data from the previous provider to our servers. This will
be done with our best efforts, however, we do not guarantee the transfer
process. This courtesy service is done on an as requested and as available
basis. Each provider may use different software, configurations, and/or other
variables which complicate or in some cases prevent a smooth transfer. We will
provide free transfers when possible as long as the new environment and control
panel are the same as the old host/server. We will advise you if your free move
is not possible and what the rate will be if you wish us to proceed at that
point. We do not guarantee the transfers will be successful, complete, or done
in a certain period of time.
IP Ownership :
If we assign a Customer an Internet Protocol
address for Customer's use, the right to use that Internet Protocol address
shall belong only to us, and Customer shall have no right to use that Internet
Protocol address except as permitted by us at our sole discretion in connection
with the Services, during the term of this Agreement. We shall maintain and
control ownership of all Internet Protocol numbers and addresses that may be
assigned to Customer by us, and we reserve the right to change or remove any and
all such Internet Protocol numbers and addresses, in its sole and absolute
discretion. Our allocation of IP addresses is limited by ARIN's new policies.
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Content :
You are responsible for any and all content in and under
your site or account at all times. All services provided by us may be used for
lawful purposes only. Transmission, storage, or presentation of any information,
data or material in violation of any United States Federal, State or City law is
prohibited. Use of our services to infringe upon any copyright or trademark is
prohibited.
We do permit legal adult content on dedicated servers, collocation services, and vps accounts. All other services not listed here are forbidden to store, serve, or contain any adult materials. We reserve the right to determine the definition of "adult content" as it pertains to our services.
Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. We do not allow any content that may be construed as offensive or illegal including, but not limited to pirated software, bit torrents, IRC, Proxies, hacker programs/archives, copyrighted MP3's, Warez, copyrighted material, trademarks, child pornography or content perceived to be child pornography, or material protected by trade secrets and other statutes. Any site found to host perceived child pornography or linking to child pornography will be suspended immediately without notice and reported to authorities.
Threats and unlawful conduct :
You may not use our service to
transmit any material (by e-mail, uploading, posting or otherwise) that
threatens or encourages bodily harm or destruction of property. Use of our
services to transmit any material (by e-mail, uploading, posting or otherwise)
that harasses another company or individual will result in immediate and
permanent termination of your account(s).
Fraud :
Use of our service to make fraudulent offers to sell or
buy products, items, or services, or to advance any type of financial scam such
as "pyramid schemes," "ponzi schemes," and "chain letters." Adding, removing or
modifying identifying network header information in an effort to deceive or
mislead is prohibited. Attempting to impersonate any person by using forged
headers or other identifying information is prohibited. The use of anonymous
remailers or nicknames does not constitute impersonation. Involves a knowing
misrepresentation or misleading statement, writing or activity made with the
intent that the person receiving it will act upon it.
Attacks and Exploits :
Any activity which affects the ability of
other people or systems to use any services or other internet services. This
includes "denial of service" (DOS) attacks against another network host or
individual user. Interference with or disruption of other network users,
services or equipment is prohibited. It is the client's responsibility to ensure
that their server is configured in a secure manner. A client may not, through
action or inaction, allow others to use their network for illegal or
inappropriate actions. Unauthorized entry and/or use of another company and/or
individual's computer system will result in immediate account termination. We
will not tolerate any subscriber attempting to access the accounts of others, or
penetrate security measures of other systems.
Commercial Advertising Email aka (SPAM) :
Spamming, or the sending
of unsolicited email, from one of our servers or using an email address that is
maintained by us is STRICTLY prohibited and will qualify your site for immediate
deactivation with no refund.
Sites advertised via SPAM (Spamvertised) are not permitted on our network. This includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. Any account which results in our IP space being blacklisted will be immediately terminated.
We will be the sole arbiter as to what constitutes a violation of this provision. Additionally claims investigated by us about spam from any of our users or users of theirs, will be billed for such work. The clean up fee for such an instance will be determined by Champion Consulting and usually no less than $500 per incedent.
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Billing and Payments:
Subsequent payments are due on the
anniversary date of the month for that month's service. You agree that until and
unless you notify us using the proper cancellation form for all services
received, those services are considered active, billable, and will be billed on
a recurring basis. It costs us on an ongoing basis to provision space, power,
bandwidth for services of our clients. We continue to provision those services
for your use until you cancel with us therefore we will not know nor care if you
are not using the space after we have provisioned it.
Accounts not paid by due date are subject to a late fee of $7.50 (seven dollars and fifty cent USD) plus 10% (ten percent) interest of the past due amount. Service will be interrupted on accounts that are 5 days past due. Service interrupted for nonpayment will remain disconnected until the account balance or contract term is paid in full. Service will be terminated on accounts that are 15 days past due.
All credit card accounts will be automatically billed on their anniversary date of the initial order. We are not responsible for any fees accessed on the client by their bank as a result of the client's account being invoiced. Champion Consulting reserves the right to change pricing terms on any accounts and services at anytime. We will never increase an existing clients account plan pricing.
Domain Registrations :
You are also requesting us to register your
site for you when selecting "new domain" in the order form of our site. We will
use aticoms.com to register such services for you on your behalf and ensure
the correct name servers are used saving you time and money. All domain
registrations are NON-REFUNDABLE. For free domain offers we will transfer
domains only after the money back guarantee period has ended.
Disputes and Failure to Pay:
All overcharges or billing disputes
must be reported within 30 days of the time the dispute occurred. If you dispute
a charge to your credit card issuer that, in Champion Consulting's sole discretion is a
valid charge under the provisions of the TOS and /or AUP, you agree to pay an
"Administrative Fee" of not less than $50. The Company may temporarily deny
service or terminate this Agreement upon the failure of Subscriber to pay
charges when due. Such termination or denial will not relieve Subscriber of
responsibility for the payment of all accrued charges, plus reasonable interest
and any collection fees.
Money Back Guarantee :
All shared clients are entitled to an
unconditional 30day money back guarantee. This guarantee begins the day we send
out your accounts login details. If you wish to cancel your account and receive
a full refund within 30 days of the date you signed up, please use the
cancellation form in the support center prior to your 30th day of service. This
guarantee includes the hosting plan only and does not include extra services or
setup fees such as add-ons, name servers, programming work, or web designing.
Accounts other than monthly, such as quaterly, semi-annual, annual, or other
non-monthly term accounts hereby waive their right to the money back guarantee
and fully understand that all term payments are non-refundable.
Collocation and Dedicated servers are not entitled to this guarantee due to time and expenses we incur on each order. We are happy to refund the service fee for the month if you find it necessary to cancel your service and do so before the 30th day. Unfortunately we have found the potential for fraud, abuse, and work loss with some account types require an enforcable fee. Some accounts such as, but not limited to, VPS take considerable time and efforts to setup and maintain therefore accounts terminated under this guarantee are subject to a $15.00 (fifteen dollar USD) setup and provisioning fee.
Refunds :
Domain name registrations are non-refundable. Refunds or
returns are for credit only unless you qualify for the money back guarantee. We
will process and apply credits or refunds within 30 days of submission. Plans
with terms other than monthly are not refundable after the money back guarantee
period. Collocation, Dedicated server, and payments other than monthly payments
are NONREFUNDABLE. For monthly plans outside of the money back guarantee period
we reserve the right to refund a prorated amount or no refund at all.
Cancellation :
All cancellations must be sent using the
cancellation form in the support center. While there are no cancellation fees,
you must cancel prior to your next billing cycle. Payments made up to your
cancellation date are not refundable unless you're canceling within the 30 money
back guarantee period less any setup provisioning fees. This does not include
any added support or service fees you have contracted us to provide.
You are obligated to pay for your account even if you do not use it. Because we have provisioned services and provided you with details you have the ability to use your account. An unused account still uses system resources that could be used for other customers.
If you have a past-due balance on your account it must be paid in full before we will close out the account. .
If we have to close your account for nonpayment the remaining balance will be sent to a collection attorney plus additional fees for the collection service. If our internal collection efforts fail, we reserve the right to turn the account over to a 3rd-party (either collections agency or attorney) for further action. We reserve the right to report your unpaid balance to credit reporting agencies. Unpaid invoices may effect your credit rating.
If client disputes justified charges by provider on his credit card (chargeback), provider has the right to charge a $25 administration fee in addition to late fees, chargeback fees, bank fees, and immediately discontinue service. We do not offer refunds for services after the initial thirty (30) days of service.
SLA and Credit for uptime :
All users are subject to the terms off
this TOS (terms of service) and our SLA (service level agreement).
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Programs :
We do not allow programs to run continually in the
background of shared hosting servers. You can run any legal daemons on your own
VPS or Dedicated server except for IRC and Proxy services. This is to minimize
system resources used and operational maintenance needed. IRC: We DO NOT allow
IRC or IRC bots on our network. Proxy: We DO NOT allow proxy services on our
network.
Resource Usage :
If our system administrators determine that a
customer's account is utilizing an unacceptable amount of system resources, we
may temporarily deactivate the account in question to preserve server integrity
for other users. We may contact the client to offer alternative solutions for
their accounts and make our best attempt to keep their account active without
degredation to other clients services. The Company is the sole arbiter as to
what constitutes a violation of this provision. Clients will not use more than
30% of a systems resources for longer than 1 minute or more than 55,000 inodes
on any single account. You may not use your shared or semi-dedicated accounts
for file storage of other accounts, backups, storing backups of dvd's, mp3's, or
any files larger than 150mb. Large and plentiful files used in this manner on an
active system can cause file system corruption and lead to not just your own
data loss but that of others.
Bandwidth Usage :
Your account is provisioned with a monthly
bandwidth allowance that varies depending on the hosting plan you order. If your
account exceeds the allocated amount we reserve the right to suspend the account
until the start of the next month, until you upgrade to a higher plan, or until
you purchase more bandwidth. If you terminate the account you are still
responsible and liable for any current usage and associated feesfor the
overages. Bandwidth limits on shared and semi-dedicated plans are divided into
daily equal limits that reset each night. Ie, 300gb month / 30 days = 10gb day.
Back-ups and Data Loss:
We perform daily backups on all of our
servers to ensure critical files are never lost. Our server software does create
daily backups for users sites that you may download on your own, we do not
restore a file any user has accidentally deleted or modified. The back-up
restoration is for emergency procedures only. You are advised to backup all of
your own files to your local drive. If we do have backups available for your
files that you need restored, and if we have the ability and time to restore the
file(s), there will be a fee for restoring the files. We are not responsible for
lost data, time, income or any other resource due to faulty backups or
non-existent back-ups. Backup restoration is NOT a fast process. Due to the
volume of data being stored, compression, and network file transfers,
decompression, restoration, integrity checks, and other variables, the
restoration process of large nodes can sometimes take several days. We highly
encourage everyone to purchase their own separate managed backups from one of
our backup plans if your site or data is critical to your business or
livelihood.
Server abuse :
Any attempts to undermine or cause harm to any
Company server or customer of ours is strictly prohibited. We hold no
responsibility for the use of our clients' accounts. Any account the abuses
resources and actions are not taken to desist, calls for immediate de-activation
without any refund of payments made thus far. Any site using what we deem to be
using excessive cpu cycles or any resources that cause strain to other sites may
also be offered new terms. Use of our service to access, or to attempt to
access, the accounts of others, or to penetrate, or attempt to penetrate,
security measures of our or another entity's computer software or hardware,
electronic communications system, or telecommunications system.
Security :
You are responsible for any misuse of your account,
even if the inappropriate activity was committed by a friend, family member,
guest or employee. Therefore, you must take steps to ensure that others do not
gain unauthorized access to your account. In addition, you may not use your
account to breach security of another account or attempt to gain unauthorized
access to another network or server. Sharing your password and account access
with unauthorized users is prohibited and you will be held responsible for such
use. Attempting to obtain another user's account password is strictly
prohibited, and may result in termination of service. You may not attempt to
circumvent user authentication or security of any host, network or account.
Users who violate systems or network security may incur criminal or civil
liability. We will cooperate fully with investigations of violations of systems
or network security at other sites, including cooperating with law enforcement
authorities in the investigation of suspected criminal violations.
Resellers :
Resellers are responsible for supporting their own
clients. We are happy to help you support your clients but all support requests
must be made by the reseller on their clients' behalf for security purposes. We
currently do not provide end user support to our Reseller's Clients. Resellers
are responsible for all content stored or transmitted under their reseller
account, clients accounts, and for the actions of their clients'. Resellers and
their clients are liable to and responsible for adhering to all the terms in
this agreement.
Staff and Personal Abuse :
While we all try to get along sometimes
thats a challenge. Please treat our staff and personnel as you would like to be
treated yourself. While we are tolerant and understanding we too are human,
please treat us as such. *looking at you angry guy* . You agree to
refrain from abusive and profane language on our systems, interfaces, public,
and private communications. Abuse of our staff in any medium or form will result
in the suspension or termination of your services.
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Refusal of Service :
We reserve the right to refuse, cancel, or
suspend service at our sole discretion.
Liability and Warranty :
We are not responsible for any damages
you or your business may suffer. We do not make implied or written warranties
for any of our services. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, any and all service interruptions regardless of
cause. The client acknowledges that the service provided is of such a nature
that service can be interrupted for many reasons other than the negligence of
the company and that damages resulting from any interruption of service are
difficult to ascertain. Therefore, client agrees that the company shall not be
liable for any damages arising from such causes. You further acknowledge that
the company's liability for its own negligence may not in any event exceed an
amount equivalent to charges payable by the client for services during the
period damages occurred. In no event shall the company be liable for any special
or consequential damages, loss or injury.
Indemnification :
Client agrees to defend, indemnify, and hold
Champion Consulting, LLC harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorney's fees asserted against us, our agents,
our 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,
our agents, employees or assigns.
Governing Law :
This Agreement will be governed by and construed
in accordance with the laws of Connecticut, without regard to the principles of
conflicts of law. The language of this Agreement shall be deemed to be the
result of negotiation among the parties and their respective counsel and shall
not be construed strictly for or against any party. Each party (i) agrees that
any action arising out of or in connection with this Agreement shall be brought
solely in courts of the State of Connecticut, in , or the United States District Court
for the State of Connecticut, (ii) hereby consents to the jurisdiction of the courts
of the State of Connecticut and the United States District Court for the State of
Connecticut, and (iii) agrees that, whenever a party is requested to execute one or
more documents evidencing such consent, it shall do so immediately.
Modifications :
These terms may be modified at any time with
notice. All users are always subject to the newest terms posted here at all
times. It is the end users responsibility to be aware of the latest terms of
service and other policies at all time. It is our responsibility to provide
these policies in a ready and readable form. We will, when possible, elect to
notify clients of updates or changes to our policies in various mediums
available including but not limited to; email, forums, ticket systems, and
chats.
We reserve the right to revise, amend, or modify this AUP/TOS and our other
policies and agreements at any time and in any manner. If any terms or
conditions are failed to be followed the account in question will be
automatically deactivated.
Notice of any revision, amendment, or
modification will be posted in accordance with these policies.
