These Terms of Service (the "Agreement") are an agreement between SamzHost.com ("SamzHost" or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by SamzHost and of the SamzHost.com website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
SamzHost's services may only be used for lawful purposes. Transmission of any material in violation of International, Federal or State regulation is prohibited. This includes but is not limited to: material legally judged to be threatening or obscene, or material protected by trade secret laws. You specifically agree to indemnify and hold SamzHost.com harmless from any claims resulting from a breach of these terms, and/or their use of the service, which damages another.
Examples of content that is not acceptable on SamzHost.com Servers:
Mail Bombers/Spam Scripts
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
High-Yield Interest Programs (HYIP) or Related Sites
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Hateful/Racist/Harassment oriented sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Transmission or posting of unlawful, threatening, abusive, malicious, defamatory, blasphemous, profane or objectionable material.
Transmission or posting of Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
Any material containing a virus or other hostile computer program.
We do not allow adult sites on our platform due to excessive bandwidth usage.
SPAM and Unsolicited Commercial E-mail (UCE)
SamzHost takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of SamzHost may not use or permit others to use our network to transact in UCE. Customers of SamzHost may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of SamzHost SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, SamzHost will initiate an immediate investigation (within 48 hours of notification). During the investigation, SamzHost may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, SamzHost may, at its sole discretion, restrict, suspend or terminate customer's account. Further, SamzHost reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. SamzHost will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in a warning and your account will be reviewed for possible immediate termination. A second violation will result in an immediate termination of your account.
As our resellers are ultimately responsible for the actions of their clients over the SamzHost network, it is advisable that resellers develop a similar, or stricter, policy for their clients.
System and Network Security
Users are prohibited from violating or attempting to violate the security of the SamzHost Network. Violations of system or network security may result in civil or criminal liability. SamzHost will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting.
Taking any action in order to obtain services to which such User is not entitled.
Permitted CPU and Disk Usage
All use of hosting space provided by SamzHost is subject to the terms of this Agreement.
Shared and reseller hosting space may only be used for web files, active email and content of User Websites. Shared and reseller hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. SamzHost expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement. SamzHost may, in our sole discretion, terminate access to the Services, or remove or delete User Content for those accounts that are found to be in violation of SamzHost's terms and conditions. For shared and reseller hosting space, websites hosted on SSD servers using more than 20GB disk space might be moved to non-SSD servers.
Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a paid service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. Transfer service is available for forty-five (45) days from your sign up date. Transfers outside of the forty-five (45) day period will incur an extra charge; please contact a member of our Sales department with specific details to receive a price quote. In no event shall SamzHost be held liable for any lost or missing data or files resulting from a transfer to or from SamzHost. You are solely responsible for backing up your data in all circumstances.
SamzHost offers an unconditional 14 days money back guarantee on shared hosting, for any customer who paid the first invoice with a credit card or with Paypal. The 14 days period is applicable from the first day of signup of service with SamzHost and does not apply to upgrades or additional services purchased. If you have pre-paid for longer than 1 month for shared accounts after the initial 14 days, you will be refunded on a prorated basis of any unused amount left on your service with us. Payments made by bank wire transfers, western union, checks or money orders are non-refundable, and refunds will be applied as a credit to the customer's account. No refunds will be given on dedicated servers, domain names, SSL certificates, administrative fees and 3rd party software installation fees. Refunds will only be given when the refund request is received within 45 days of the creation of the account being cancelled. Money back guarantee only applies to new accounts and does not apply to account upgrades. Refunds will not be given to accounts that have been canceled or suspended due to abuse of our services based on our terms of service and acceptable use policy.
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, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
Discounts and coupon codes are reserved for first-time accounts or first-time customers only. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account.
Payments & Fees
Service will be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by SamzHost may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. Any credit card chargebacks placed on payments made to SamzHost will incur a $25.00 penalty.
Failure to Pay
SamzHost 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.
Intellectual Property Rights
You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.
Termination of Service
SamzHost reserves the right to suspend network access to any customer if in the judgment of the SamzHost network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which SamzHost chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
Backups and Data Loss
Your use of the Services is at your sole risk. SamzHost's backup service runs weekly and monthly and overwrites any of our previous backups. Only one week and one month of backups are kept at a time. This service is provided only to shared as a courtesy. SamzHost is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on SamzHost's servers.
Any shared account using more than 10 gigs of disk space will be removed from our off site weekly and monthly backup..
SamzHost.com expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate SamzHost.com policy. Finally, SamzHost.com wishes to emphasize that in signing the service agreement, subscribers indemnify SamzHost.com for any violation of the service agreement, law, or SamzHost.com policy, that results in loss to SamzHost.com or the bringing of any claim against SamzHost.com by any third-party. This means that if SamzHost.com is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against SamzHost.com , plus costs and reasonable attorneys' fees.
Please behave in a reasonable manner towards SamzHost employees. Any unreasonable threats, either personal or against the company will receive a warning for breach of these conditions. Personal abuse towards SamzHost employees or legal threats against the company are viewed as extremely serious. SamzHost reserves the right to refuse to do business with a person or company as a result and possibly terminate any accounts in question. SamzHost reserves the right to refuse service to any customer at any time within reasonable means/requests.
Limitation Of Liability
IN NO EVENT WILL SamzHost ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF SamzHost IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SamzHost'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SamzHost FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
SamzHost shall not be responsible for any damages your business may suffer. SamzHost makes no warranties of any kind, expressed or implied for the Services. SamzHost disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by SamzHost or our employees.
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in this Agreement. Misuse Of Resources including but not limited to employing applications which consume excessive CPU time are not allowed on our network under any circumstances.
If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes Terms of Service. We may amend these terms of service with or without notice. You are responsible for any domains that are placed onto our servers. We do reserve the right to edit the terms of service at any time with or without notice.