TinkerHost. Web Hosting Terms of Service
In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process. For clarity, on this page, the term “services” refers to the web hosting and other services that we will provide to you and, if you are an Affiliate, the services we provide to you in connection with that program. The term “TinkerHost.” or “us” or “we” refers to TinkerHost. .
Permission to Host Your Content
For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website. Please note that even though you upload a copy of your content to our servers, you must always retain a back-up copy of your content, data bases and other web-files, as in effect from time to time, so you can reload them in the event of any technical issues, such as server problems, technical or system related issues, loss of that content from our servers, etc.
Personal Information
When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. We take your privacy very seriously, and as such, will not sell your personal information to third party (other than a company that may purchase TinkerHost.), and will take reasonable steps to keep it from being disclosed to any third party. By proceeding to use our service you consent that we may process the personal data (including sensitive personal data) that we collect from you in accordance with our Privacy Policy. In particular, we may use information we hold about you for the purposes of [internal review, to improve the content of our website, to customize the content and/or layout of our web page for each individual visitor]. Please address any questions, comments and requests regarding our data processing practices to Support.
Backups
We will make every attempt to retain nightly backups for our shared & reseller hosting services. However, as with any data storage systems, backups can fail. We encourage you to perform your own backups on a periodic. Because the Services permit Users to electronically transmit or upload content directly to the User Web site, User shall be fully responsible for uploading all content to the User Web site and supplementing, modifying and updating the User Web site, including all back-ups.
* TinkerHost. shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site.
* User is solely responsible for making back-up copies of the User Web site and User Content.
* TinkerHost. cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a back-up of a Web site will always be available. Users should always keep up-to-date copies of all such materials and content to a local computer and TinkerHost. strongly suggest that Users regularly make additional copies (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of such files, content or materials.
Acceptable Use/Illegal Activity
TinkerHost. strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:
* Hacking, this includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card “phishing” techniques are also prohibited.
* Hosting of files or other data that infringes on another’s copyright or other intellectual property rights.
* Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
* Uploading or linking to any content that violates another’s right of publicity or privacy.
* Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory;
* Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
* Hosting large amounts of data not specifically tied (“linked”) to your hosting account. TinkerHost. encourages users looking for file storage/backup solutions to seek other services that specialize in this.
*No Game Server (e.g Minecraft Server) on our vps plan.
A detailed Acceptable Usage Policy (AUP) can be found here.
Content
All services provided by TinkerHost. may only be used for lawful purposes.
The customer agrees to indemnify and hold harmless TinkerHost. from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please contact our Abuse Team with the information required to prove you as the rightful owner.
Examples of unacceptable material on all Shared/Reseller Hosting servers include :
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez/Torrents, affiliate servers, top sites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), Auto Surf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to Warez/Torrent content are prohibited. Offering video and/or audio streaming or downloads, MP3 Files, Games and shareware is also not permitted on any TinkerHost. server(s). Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.
Examples of unacceptable material on VP/Dedicated servers include:
Pirated Software / Warez/Torrents, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), Auto Surf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute Warez/Torrent content are prohibited. Gameservers (e.g., Minecraft) are prohibited on our servers due with the level of CPU abuse we’ve seen originating from them. Services that utilize CPU idle time such as Folding@Home are strictly forbidden. TinkerHost. services, including all related equipment, networks and network devices are provided only for authorized customer use. TinkerHost. does not monitor or prescreen content that customers post on their websites. Further, TinkerHost. does not systematically monitor the content that is submitted to, stored on or distributed or disseminated by User via the Service (the “User Content”). However, at our discretion from time to time, systems usage may be monitored for all lawful purposes, including ensuring that use is authorized and in compliance with our terms and conditions and standards, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During usage monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of TinkerHost. system(s) constitutes consent to such system monitoring for these purposes. However, any material that, in our judgment, could be considered adult content, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 24 hours. If in doubt regarding the acceptability of your site or service, please email our Abuse department and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice, and reported to local authorities. Resellers: We will suspend the site in question and will notify you so you may terminate the account. Failure to comply with our terms and conditions or with any notice we send to you may result in the immediate termination of your account.
Direct customers: Your services will be suspended/terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When, if at all possible, set permissions on most directories to 644 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password. All files over 10MB must be linked from files within the same account and also publicly available through any domain name attached to your account. Large files (files over 10MB) should not take up more than 40% of the data on your hosting account.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account suspended or terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. TinkerHost. reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. TinkerHost. reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of TinkerHost. .
Bandwidth, Disk Usage, Email and FTP accounts and other Unlimited Resources
TinkerHost. provides Users with bandwidth, disk space and other resources, such as e-mail, mysql databases, and/or file-transfer-protocol (“FTP”) accounts, the amount of which is defined in TinkerHost.’s web pages describing the package of Services purchased at the time of purchase. In some cases, TinkerHost. may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as “Unlimited”. In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. TinkerHost. reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User’s plan. User agrees that such usage shall not exceed the amounts set by TinkerHost. for the Services purchased (the “Agreed Usage”) and is additionally subject to normal usage guidelines established by TinkerHost. as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User’s active electronic mail services related solely to User’s web hosting account(s) with TinkerHost. . Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion. TinkerHost. may monitor User’s use of bandwidth, disk usage and other resources. TinkerHost., in its sole discretion, shall have the right to take any corrective action if User’s utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, or normal usage by our typical shared hosting customer, resource usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User’s Web site, User Content, User’s electronic mail and e-mail services and/or other materials and services or termination the User’s account and of this Agreement, which actions may be taken in TinkerHost.’s sole and absolute discretion.
Unlimited Domains
Unlimited domains refer to sub domains, parked domains and add-on domains. In all cases (even those described as “unlimited”), the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. TinkerHost. reserves the right to suspend, discontinue or delete the accounts of Users whose use of unlimited sub domains, parked domains and add-on domains results in or presents the risk of degradation of service to other customers, regardless of the amount of domains included in the User’s plan. User agrees that such usage shall not exceed the amounts set TinkerHost. for the Services purchased (the “Agreed Usage”) and is additionally subject to normal usage guidelines established by TinkerHost. as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User’s active electronic mail services related solely to User’s web hosting account(s) with TinkerHost.. If TinkerHost. takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User’s Web site, User Content and/or User’s electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes. User may not utilize: *the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
*the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
*the Services to traffic in illegal drugs, gambling, adult content, obscene materials or any other products or services that are prohibited under applicable law;
*the Services to export encryption software to points outside the United States in violation of applicable export control laws;
*the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message;
If TinkerHost. learns or discovers that User is violating any law related to User’s Web site, User Content and/or User’s electronic mail services, use of bandwidth, disk usage or other resources or Agreed Usage, TinkerHost. may be obligated to or may in its discretion inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User’s Web site, User Content and/or User’s electronic mail. User is responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure the Web site does not violate such requirements or exceed normal usage limits, Agreed Usage, or other limits allocated for the account(s) and otherwise complies with this Agreement. TinkerHost. will use commercially reasonable efforts to e-mail Users who are at or near their utilization limits, but TinkerHost. does not take responsibility if e-mail notification(s) is not received by the User. TinkerHost. reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the any such allotment.
Shared/Reseller Hosting Resource Usage
User may not:
*Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc;
*Run P2P daemons;
*Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers;
*Run any software that automates communications on an IRC (Internet Relay Chat) network;
*Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers;
*Participate in any file-sharing/peer-to-peer activities
*Run any gaming servers such as counter-strike, half-life, battlefield1942, etc without permission from TinkerHost.;
*Run cron entries with intervals of less than 5 minutes
*When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server’s CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
VPS Hosting Resource Usage:
User may not :
*Abuse the fair share CPU policy. We are constantly monitoring our servers and we request you keep your server load below 5.00 to keep our servers stable for everyone. You can check your server load via SSH using the command “uptime” without quotations.
*Run P2P daemons;
*Run any software that automates communications on an IRC (Internet Relay Chat) network;
*Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our VPS servers;
*Participate in any file-sharing/peer-to-peer activities
*Run any gaming servers such as counter-strike, half-life, minecraft, battlefield1942, etc without permission from TinkerHost.;
When the Services Will be Available
We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service. We guarantee a 99.9% uptime.Guarantee As we explain in this paragraph, we offer you a 30-day Money Back Guarantee only on all shared & reseller hosting plans. Upon cancellation of your account, you may request a refund for the remainder (un-used portion) of your term, excluding any setup fees that were charged when you signed up, and excluding domain registration fees. (Even if you received your domain for free through one of our promotional plans). All refunds are subject to a $20.00 domain registration fee charge; however upon payment of such charge you will have the opportunity to continue to register and renew registration of your domain name after cancellation of your account. To cancel your account, just login to the account billing portal and navigate to Portal Home > Client Area > Services > Product Details then down the bottom of your screen click ‘Request cancellation’. From then on you can select weather you want the cancellation to be effective immediately or at the end of the billing period. TinkerHost. also reserves the right to cancel your account with 24 hours notice should an event occur in which proper evidence exists that a customer was exceptionally rude or vulgar in communications with our staff.
Cancellations and Refunds
We reserves the right to cancel any account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via the cancellation form (from your client area under “My Services” look for server to be cancelled and then click on the page icon on the right and then scroll down the page and click Request Cancellation) You need to cancel before the next invoice is generated as any outstanding invoices must be paid beforehand or the request will be denied until invoices are paid. We will not issue a refund, unless it is within the 30-day money back guarantee PERIOD, on Shared Hosting, Reseller Hosting, and Semi Dedicated Hosting. Refunds can only be issued for direct hosting services. Domain services, VPS, Dedicated servers, SSL etc are non refundable under any circumstances. Please note any cancellation request will not be accepted if their are any outstanding invoices on your account, as these will all need to be paid before an account can be cancelled.
Members acknowledge that any Paypal dispute opened AFTER services have been supplied will be classed as a deliberate act of theft. All such cases WILL be reported to the appropriate law enforcement, and we WILL seek damages for any costs that we incur as a result of such actions.
Members acknowledge that we do not authorize full or partial refunds, on Paypal disputes, once an account has been activated. This applies to both monthly and yearly payment plans.
Violations of the Terms of Service will result in termination of your account and no refund will be issued.
Non-Payment
If more than 5 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account and charge a 20% late fee, which means that your data, files and website will become in-active and cannot be accessed. If in the following 29 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again immediately. You must have an active method of payment upon you account for your auto renewal at all times, failure to do so can result in your account being suspended or cancelled automatically. If, however, 30 days pass from the date on which your account is suspended and you have not made payment in full, TinkerHost. shall have the right to delete all data you have uploaded to the servers. To summarize, if you get 30 days behind in making payments, your data will be deleted. You hereby acknowledge that this is TinkerHost.’s policy when it comes to data retention, and waive all rights in and to your data in these situations. Invoices for renewals will be issued 14 days in advance and charged up to 5 days in advance to ensure that we receive cleared funds for the continued hosting service and domain renewal. TinkerHost. is unable to process orders placed using virtual/pre-paid/gift cards as we are unable to accurately verify them. In such cases it is advised that you pay through a PayPal account if you have no other valid credit card to make the payment from. These Terms of Service May Change Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made. We have the right to, add, delete, or modify these terms without prior notice.
DMCA Copyright Infringement Information
In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) the following information:
* an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
* a description of the copyrighted work or other intellectual property that you claim has been infringed;
* a description of where the material that you claim is infringing is located on the site;
* your address, telephone number, and email address;
* a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Changes to the Terms of Services
We reserves the right to revise its policies at any time without notice.
Indemnification
If TinkerHost. is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pick up the tab if TinkerHost. is found liable or pays to settle the dispute. In legal terms, this is called “indemnification”. Not only do you agree to reimburse TinkerHost. For what it pays to satisfy a judgment or settle a case, you also agree to pay TinkerHost.‘s reasonable attorney’s fees and all other costs TinkerHost. incurs in defending itself.
Disclaimer of Warranties
You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. Rilex Corp, LLC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Rilex Corp, LLC. MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Rilex Corp, LLC. DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
Limitation of Liability
Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, Rilex Corp, LLC. cannot be held liable for it. IN NO EVENT SHALL Rilex Corp, LLC. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Rilex Corp, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for a 3-month period for the services in dispute purchased from us, or, in the event of liability of Rilex Corp, LLC. due to your enrollment in the affiliate program. Governing Law and Choice of Form The laws of United States, the State of Kentucky will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Lexington, Kentucky. By using TinkerHost. services you agree to the above terms of service as in effect from time to time.