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Terms of Service
Crafting Servers provides web hosting, domain registration and virtual private server services to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients who use services of Crafting Servers are subject to the following terms of service: Indemnification Policy You agree to use all of Crafting Servers' services and facilities at your own risk. Crafting Servers specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Crafting Servers be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Crafting Servers harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Crafting Servers, 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 harmlessCrafting Servers against liabilities arising out of: Any injury, damage or loss to a person or property caused by any products sold or otherwise distributed in connection with Crafting Servers' server. Crafting Servers reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Crafting Servers' server. Crafting Servers shall be the sole judge of what violates this Policy. Billing, Cancellation and Refund Policy As a customer of Crafting Servers you agree to submit or supply a payment for the rendered services in advance, on the billing date set by Crafting Servers. By default these services will be billed on a recurring basis (if recurring payment option was chosen during registration or renewal of the appropriate hosting package, vps package or domain name package). You must notify Crafting Servers at least 7 days before the next automated renewal date if you wish to cancel the recurring payments without any further recurring charges (Crafting Servers shall not be held responsible for recurring automated payment if notified less than 7 days before the next subscription payment date, and this payment will not be refunded). Free Domain Renewal If a Hosting package offered by Crafting Servers comes with a Free domain name, then this free domain name is renewed for free under these circumstances:
Cancellations and refunds See our Refunds page for more detail. Chargeback Policy If a subscriber issues a chargeback before following the regular cancellation procedure, Crafting Servers reserves a full right to disable the respectable account instantly for security reasons. If the subscriber wishes to reactivate the respectable account, they will be held responsible for any and all billing service fees which may arise while handling the chargeback. The fees for Crafting Servers subscribers are fixed to $50 for each chargeback that has been issued. Payment Methods Crafting Servers uses Paypal and Visa/Mastercard/Discover payment processors. Clients may submit a payment with a valid credit or debit card or by using the balance of his/her Paypal account. Crafting Servers accepts payments from Verifed and from Unverified Paypal accounts, which generally means that the client may either use the funds on the credit / debit card attached to Paypal (verified Paypal) or the balance on their PayPal account (Unverified) to submit the payment for the services provided by Crafting Servers. Please mind that the funds on client Unverified Paypal account will need to be converted from any other currency to US dollar currency prior to submitting a payment. Fraudulent Payment Policy If a payment on a client account is marked as fraudulent (such payments are reversed on the payment gateway), then Crafting Servers reserves the full right to stop any service provided to the client (including other accounts and other payments submitted by the same client) until the issues with the payment are solved. If the client refuses to solve issues with the payment which is marked as fraudulent Crafting Servers reserves the full right to delete all accounts and stop payment subscriptions provided to the client without any refund for security reasons. Late Payment Policy All accounts are billed according to the dates they were first activated on. Accounts which are not renewed 5 days after the renewal date will be disabled. If the account is not renewed in 30 day period after the renewal date set on the account, then it will be terminated and all files will be removed. Subscriber will receive notifications if there is any action to be taken on their respectable account. Account Access Policy When a client registers any type of account with Crafting Servers, the client will be held liable for the client identification information that is provided: a) Name and Surname of the Client b) Client Address c) Company details d) e-mail address. Crafting Servers will assume all of this information is provided correctly and may use this information to contact the client if such need arises. Some of the information on the account will be generated automatically (username, password, payment ID's). Client may access the account at any time if he/she has access to the initial e-mail account that he used to register the account on Crafting Servers. If the client claims that they have no access to the respectable e-mail account and that they have no way to recover the password set on the account, they will need to provide Crafting Servers with the last payment date and payment ID's on which the payments were made, as well as full client name (name and surname), and full client address set on the respectable account. Client acknowledges and accepts this procedure and access policy and agrees not to bring any claim of a lawsuit against Crafting Servers arising out of this said policy and procedure. Crafting Servers will not be held liable for any damage or liability that may have arise out of following policy and procedure. In the event when there is more than one person claiming rights to the same account, who may have provided the information which may provide them access to the respectable account following the Crafting Servers policy and procedures, then Crafting Servers is not obligated to provide access to any of the parties. Also, Crafting Servers is not obligated to solve any kind of such disputes and may solely decide who to provide access to according to internal information and historical data that may have been collected about the user, based on the usage on the respectable account. Confidentiality Crafting Servers will not share any of it's client personal information to any third parties not related to Crafting Servers. Some of the client data may be forwarded on the following exceptions:
Certain services provided by Crafting Servers are resold. Thus, certain equipment, routing, software, and programming used by Crafting Servers are not directly owned or written by Crafting Servers. Crafting Servers shall not be responsible for any changes in services provided by a 3rd party provider, also Crafting Servers will not be held liable for any damage or loss which may arise from service disruption provided by a 3rd party provider. Crafting Servers will show highest interest to make sure that that services provided by a 3rd party are running smoothly and correctly, and will contact the 3rd party provider when changes or fixes are needed, however the time needed for any fix or alteration will not be decided by Crafting Servers and Crafting Servers will not be held liable for any fixes or alterations to be performed on a product provided by a 3rd party in a definite time frame. "Unlimited" Usage Policy Crafting Servers may offer some of it's hosting packages with an "Unlimited" amount of resources for specific options (disk drive space, bandwidth, domains per account, and others listed in the features page). This means that Crafting Servers will not set a specific cap for these resources and client will be able to use these resources as needed, however Crafting Servers does use a fair usage policy which applies to all accounts. Crafting Servers' Fair Usage Policy implies that if the client uses the resources of the shared server to the extent where he is negatively affecting other users hosted on the same server, the resources may be capped or in some cases, but not necessarily, respectable account may be disabled before client upgrades their account to a package more suitable for their needs or fixes the issues so the resource usage on client's account stops to negatively affect other users on the same shared server. By the term "Unlimited Space" Crafting Servers means that it will not set a cap on the amount of files the user may host on their account, however the space on the hosting account cannot be used for: Backup storage, Online storage, File sharing services, Movie storage, Photo storage, Software storage, Copyrighted content storage, Illegal, Abusive or Offending file storage, Document Archives or any other type of Archive, File Backups (with the exception of a single cPanel backup generated from your cPanel), log files, etc. Crafting Servers reserves the right to remove such files from the user account with or without notice to the client. Crafting Servers also reserves the right to remove any single files larger than 1GB from the user account regardless of the content of the file with or without notice to the client. Crafting Servers also reserves the right the clean up a user account by removing files which fall under the criteria of files that may not be hosted on Crafting Servers accounts, if there are more than 250,000 files on a single account, with or without notice to the client. Crafting Servers also reserves the right to disable the account which holds more than 250,000 files until the relevant shared hosting account is upgraded by the client to a vps service where such limitation is not applied. Backups Crafting Servers generates full backups of accounts every 7 days which are not bigger than 2GB. If the account is bigger than 2GB, Crafting Servers reserves the right not to generate the backup automatically, however client may generate backups from their cPanel at any time regardless of the account size. Crafting Servers stores a single automatically generated backup of each account which is up to 7 days old and up to 2GB in size, older automatically generated backups of accounts are not stored. Crafting Servers is not liable for any loss of content if the backup has not been generated, it is the client's sole responsibility to safeguard the account data. Acceptable Use Policy All services provided by Crafting Servers 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. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Crafting Servers and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. Crafting Servers reserves the right to determine what is and what isn't acceptable for our servers. Subscriber 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, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury. Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances. Clients who own reseller packages are not allowed to provide free (unpaid) hosting services (to avoid server overload and high abuse rate). CGI Scripts Each account comes with its own cgi-bin. Client is free to use any CGI scripts they wish, however Crafting Servers reserves the right to disable any CGI script that affects normal server operation without prior warning. Banned Scripts or website types The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc. Hosting any type of these sites will result in instant account suspension until the content is removed. In the case that the content was uploaded willingly by the client, Crafting Servers reserves the right to terminate the account without the possibility of a refund (even if the 30 days have not yet passed on the account). If the content was uploaded by a 3rd party (hackers, abusers which intend to take the client site down), then Crafting Servers will inform the client about the abusive content. Crafting Servers also reserves the right to remove such content from user account without prior notification. Banned scripts and website types listed below:
Any kind of abusive content found on our servers should be reported to abuse@craftingservers.com. Crafting Servers will handle any abuse report with the highest priority and interest. Crafting Servers will not be held liable for any damage or loss that may have arisen from content uploaded to client accounts or actions performed by scripts on such accounts on our shared or vps servers. The client who is the account owner takes full responsibility of the whole account content and all actions that are performed on the respectable account, also takes full responsibility for any and all of damages or losses that may arise from his account content or actions performed by scripts on their account. Background Running Programs Background daemons on shared hosting accounts in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed. Background programs on VPS servers are allowed and do not generate any extra charges in general. Commercial Advertising and Spam E-mails Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and E-mail. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $250.00 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse Any attempts to undermine or cause harm to a server is strictly prohibited. LIMITATION OF LIABILITY Crafting Servers shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Crafting Servers' servers going off-line or being unavailable for any reason whatsoever. Furthermore, Crafting Servers shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Crafting Servers' servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to support@craftingservers.com. All complaints will be investigated promptly. DISCLAIMER Crafting Servers intends to provide the best possible web hosting service to each of its clients. Crafting Servers shows the most interest to use the latest technologies and solutions to make the service provided to the end client the best possible. However, Crafting Servers cannot be held liable for any system downtime, crashes, or data loss that may happen on the servers. Also, Crafting Servers will not be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. If any terms or conditions are failed to be followed, the account in question may be automatically deactivated by Crafting Servers. Crafting Servers retains the right to change, modify or delete any or all of the above Terms, Policies, Guidelines, and Disclaimer with or without prior notification. |
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