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Thrasher Hosting Terms of Service


Terms of Service (TOS)
Acceptable Use Policy (AUP)
Service Level Agreement (SLA)

Domain Transfer Agreement (DTA)

Terms of Service (TOS)

Privacy
Thrasher Hosting.com,  will not sell, distribute, reveal, or otherwise make available any customer information. We contribute our time and help to anti-spam organizations. We are involved 100% in prosecuting spammers. Should we need to contact you directly regarding your specific account or service we will do so via email only.

New Accounts
All new web hosting accounts purchased on our order page are set up instantly by our system and you will receive two (2) emails including login details after your purchase. Due to unforeseen complications with various mail servers and any connection problems between your ISP and Thrasher Hosting, this process may sometimes be delayed. When signing up for our service, if you save what you choose for your client area username and password, then you can resend the emails to yourself if for any reason they do not arrive.

Domain Names, Domain Transfers
In order for your domain name to point to the Thrasher LLC server your new account is on, you must change your DNS (Domain Name Servers) at your registrar. This process is not known as a domain transfer. Clients are responsible for renewing their domain names. Thrasher Hosting does not take responsibility for failing to renew domain names. You may request to be reminded when your domain is about to expire on the order page.

Payments
When you subscribe to our services, you are subscribing to a pre-paid service. All payments will be charged to an approved credit card (Visa, Mastercard, American Express) or debit card that is approved. Renewal notices are sent via email 60, 45, 30, 15 and 0 days before the renewal date. Accounts 7 days past due will be disabled. Accounts 15 days past due will require a $15.00 USD fee to enable. We only accept credit cards, check (debit) cards or PayPal for payment of services. Yearly plans renew automatically and are charged to the most recently updated credit card on file. In the event that your yearly charge is denied and we are unable to contact you, then the aforementioned fees to enable your account shall apply. Please address any questions regarding payment to our billing department.

Cancellations
If you wish to cancel your services, you must complete this cancellation form located here:
Thrasher Hosting Cancellation Form in your client center
If you cancel your account and your payments still continue for any reasons such as 1) by fault of Thrasher Hosting staff 2) by fault of the credit card processor 3) by fault of any other payment collection company we are not responsible for any overdraft fees that are issued by your financial institution.


Overage Charges
Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth exceedment warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed.

Refunds/Account Termination
If, for any reason, ThrasherHosting.com fails to deliver said services, a prorated refund will be issued. No refunds will be issued if abuse of our stated policies forces ThrasherHosting.com to suspend or terminate your services prematurely.
In the event you request account cancellation, once your service has been cancelled your account will be suspended from use. It will then be deleted within 30 days. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.

Content
ThrasherHosting.com,  believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their files): racism or prejudice due to color, creed, or belief; profanity or obscene language towards anyone but yourself; any violent/malicious content. We do allow legal adult content. We prefer that you self-govern your content and are responsible as to what your website provides. We do not have the resources and time needed to govern our servers constantly which have growing and evolving content. However, if ThrasherHosting.com,  is made aware of any questionable content on a Thrasher Hosting-hosted site, we will address the concerns directly with you and seek an amiable resolution. If anyone contacts us about content they have found on a Thrasher LLC server that copyrights their own material or that they wish to be removed, we require legal documentation to take any further action.

Opt-in Email Marketing
If you choose to engage in marketing your site and/or services via email please heed the following. The only permitted form of email marketing is that in which the list is "opt-in". By definition, opt-in is where people provide you with their email address specifically requesting to be on your email list for information about your site and/or service. If we find your account transmitting email to persons that did not authorize such activity, that is grounds to suspend and terminate your site. Note: On the flip side, the joining of an opt-in email list does not guarantee the legitimacy of such a list. Please contact us before taking any steps so that you will not be a victim of spam from second and third parties of such lists.

UCE, UBE, Spam
ThrasherHosting.com,  has a zero tolerance policy regarding unsolicited commercial email (UCE) and unsolicited bulk email (UBE) also known as "spam". The definition of spam:
An electronic message is "spam" IF: (1) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.

You will be cited with "UCE/UBE Abuse" if you send any email to persons who have not specifically asked to receive email from you. The sending origin of such email is irrelevant. Upon confirmation of abuse, any ThrasherHosting.com,  customer engaging in this practice will have their service suspended. Not only does spam place a strain on the server that can negatively effect that server's uptime record and performance record, you subject that server to the possibility of being blacklisted.

If your site will be sending mailings out to subscribers, this is a checklist of what you are required to do:

# You must not try to hide, forge or misrepresent the sender of the e-mail and sending site of the e-mail.

# Bulk mailings must specifically state how the persons' e-mail addresses were obtained and must indicate the frequency of the mailing.

# Bulk mailings should contain simple and obvious unsubscribe mechanisms. We recommend that this be in the form of a working link to a one-click unsubscribe system; however, a valid "reply to:" address may be used instead.

# All subscription based e-mail must have valid, non-electronic, contact information for the sending organization in the text of each e-mail including either a phone number or physical mailing address.

# All bulk e-mail must be solicited, meaning that the sender has an existing and provable relationship with the e-mail recipient and the recipient has not requested not to receive future mailings from the sender. Documentation of the relationship between the sender and the recipient must be made available to AOL upon request.

Prohibited Uses of Thrasher Hosting Systems and Services Regarding Spam

# Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Thrasher Hosting's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Thrasher Hosting's servers, is prohibited. Thrasher Hosting accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

# Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Thrasher Hosting customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Thrasher Hosting-hosted domain, or referencing any Thrasher Hosting account, is prohibited.

# Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.


Liabilities
ThrasherHosting.com, , makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall Thrasher Hosting.com,  be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of this web site or from any information, services or products provided through your web site. We are not responsible for any content on any server in our network and will not take any action against any questional material or action until the website in question is brought to our attention by emailing our abuse department.





Acceptable Use Policy (AUP)

Thrasher Hosting is dedicated to providing top quality service at a very affordable price. The conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.

Failure to follow any condition will be grounds for immediate account deactivation without notice. Thrasher Hosting will be the sole arbiter as to what constitutes a violation of any of these provisions.

Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.

To report suspected abuses or any violations of these policies, please contact our abuse department.

ILLEGAL USAGE
Thrasher Hosting servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to Thrasher Hosting service agrees to indemnify and hold harmless Thrasher Hosting from any claims resulting from the use of the service that damages the subscriber or any other party. Thrasher Hosting will be the sole arbiter as to what constitutes a violation of this provision.

ILLEGAL CONTENT
Thrasher Hosting does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation. No warez is allowed. Web proxies are not tolerated. This includes NPH-Proxy, and web proxy. If your site is found to hold any proxy files, your account will be suspended and the account holder will be issued a fee of $50 USD. When using an account with shell, you are not allowed to run ANY servers or services on the Thrasher LLC network. Servers are defined as perlbots, proxies, BitchX, psyBnc, root exploits, DDoS scripts, Shoutcast servers, etc. Running any of these will face an immediate suspension, and users will be subject to a fine no less than $50.00 USD, and no more than $100.00 USD. Thrasher LLC reserves the right to terminate an account for these activities also.

SERVER RESORCES
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra for a dedicated server / semi-dedicated server (which depends on the resource needed). Thrasher Hosting shall be the sole arbiter of what is considered to be a high server usage level.

SOFTWARE DISTRIBUTION
Thrasher Hosting's web hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact our sales department for special arrangement.

FILE USAGE & STORAGE
Thrasher Hosting web hosting accounts are not to be used for the purposes of distributing and/or storing an unusual amount of files. We provide webhosting, we are not a remote file storage facility. Any web site whose disk space usage for storing the files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of files. At that point, if we find that those files are illegal or harmful in any way, you will be notified. If you do not have any negative intentions such as causing harm to our server or to others with the files you keep, then you have nothing to worry about.

CHAT ROOMS
Thrasher Hosting does not provide nor allow chat rooms on shared hosting environments.

IRC
Thrasher Hosting does not allow IRC or IRC bots to be operated on our shared or reseller servers.


SECURITY
Users are prohibited from violating or attempting to violate the security of the Thrasher LLC Network. Violations of system or network security may result in civil or criminal liability. Thrasher Hosting will investigate occurrences, which may involve cooperation with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

1) Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access,
2) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
3) Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing",
4) Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting,
5) Taking any action in order to obtain services to which such User is not entitled,
6) Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations,
Each hosting package purchased is unique to a do main name and use - you are not allowed to purchase multiple plans to obtain combined bandwidth & space. Thrasher Hosting will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

SERVER ABUSE
Any attempts to undermine or cause harm to a Thrasher Hosting server or customer of Thrasher Hosting is strictly prohibited. Any sub-networks of Thrasher Hosting must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.

CLIENT RESPONSIBILITY
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of Thrasher Hosting's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of Thrasher Hosting to provide this knowledge or support outside matter specific to Thrasher Hosting servers.

BACKUPS
Thrasher Hosting takes extreme steps to maintain system integrity. However, Thrasher Hosting shall not be held responsible for loss of data due to any cause. To ensure the highest level of data protection, Thrasher Hosting recommends that ALL information be backed up on your own computer. As with any data that you hold a high importance to, it should be in more than one location at all times. All Thrasher Hosting data backups are designed against hardware failure not customer user error.

ACTIONS TAKEN
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. Thrasher Hosting will be the sole arbiter as to what constitutes a violation of the AUP. Thrasher Hosting reserves the right to remove any account without prior notice.

When Thrasher Hosting becomes aware of an alleged violation of its AUP, Thrasher Hosting will initiate an investigation. During the investigation, Thrasher Hosting may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Thrasher Hosting may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Thrasher Hosting will notify the appropriate law enforcement authorities of such violation.

Thrasher Hosting does not issue credits for outages incurred through service disablement resulting from AUP violations.

Thrasher Hosting customers agree to indemnify and hold harmless Thrasher Hosting from any claims resulting from the use of our services that damages them or any other party. The Thrasher Hosting service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Thrasher Hosting expressly disclaims any representation or warranty that the Thrasher Hosting service will be error-free, secure or uninterrupted. No oral advice or written information given by Thrasher Hosting, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Thrasher Hosting and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

MODIFICATION
Thrasher Hosting reserves the right to add, delete, or modify any provision of this policy at any time without notice.

REFUSAL OF SERVICE
We reserve the right to refuse, cancel, or suspend service at our sole discretion. An example of refusal of service is if an account continues to abuse our policies after warnings. Refusal, cancellation or suspension of services especially holds true to issues with spam. You will not receive a refund.



Service Level Agreement (SLA)

COVERAGE
This web site availability service level agreement (SLA) applies to you if you have ordered any hosting plan ("service") and you are in good financial standing with ThrasherHosting.com, .

SERVICE LEVEL
Thrasher LLC endeavors to have network connectivity available for http access by third parties 99% of the time ("web site availability").

CREDITS
In the event that there is no web site availability, Thrasher LLC will credit the monthly service charge for the service as calculated below and as measured 24 hours a day in a calendar month. The maximum credit is not to exceed the monthly service charge for the affected month:

Web site availability credit
95% to 99.4% = 25%
90% to 94.9% = 50%
89.9% or below = 100%

In order for you to receive a credit on your account, you must request such credit within seven (7) business days after you experienced no web site availability so that we may check our stats and your stats. You must request credit by sending an electronic mail message to our billing department. For security, the body of this message must contain your domain name, the dates and times of the unavailability of your web site, and such other customer identification requested by Thrasher LLC. 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 that there is no web site availability.

RESTRICTIONS
Credits shall not be provided to you in the event that you have no web site availability resulting from (i) scheduled maintenance, (ii) your behavior or the performance or failure of your equipment, programs or applications, or (iii) circumstances beyond Thrasher Hosting'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), 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.

LIMITATIONS
Online problems occur continuously. There might come a time when you cannot access your website or any other service. This is not necessarily due to Thrasher Hosting. Perhaps your ISP is experiencing technical difficulties, or there might be a routing problem between your ISP and the data center utilized and maintained by Thrasher LLC, making communication difficult or impossible. We cannot bear the responsibility of such problems. Our monitoring agents determine the uptime of our service, and not any one client's experience. Thrasher Hosting is not responsible for the restoration of data to server. We strongly recommend that you keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occur, you the client, are responsible for data restoration. Thrasher Hosting shall not be liable for loss of data under any circumstance.

HARDWARE REPLACEMENT
Hardware replacement will occur within 1 - 8 hours of the reported problem, Thrasher LLC will refund 5% of the monthly fee per additional 8 hours of down time (up to 100% of customer's monthly fee). In order to reduce replacement hardware downtime, we keep a certain quantity of pre-built systems on hand to swap out hard disks so that your server can be back up in the shortest amount of time. For hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request a SLA hardware violation credit, you must within 10 days of reported violation contact our sales department. SLA violations will be reviewed by our personnel Monday - Friday 3PM to 10PM EST. *Hardware SLA violations do not cover network violation*

Domain Transfer Agreement (DTA)

If a plan includes a free domain name then that domain name will automatically bet set to our nameservers. The Domain name will also be locked for the duration of one year. During this one year period your nameservers cannot be changed. After the one year period is over you can freely change your nameservers with no fee. Each Domain name will be automatically renewed at no cost if hosted by Thrasher Hosting; otherwise you will be charged for another year for the domain. If you wish to have your namesevers changed before the one year time period is up you may pay a $20 fee and change the nameservers. This $20 fee covers the initial fee Thrasher Hosting incurred by offering the domain name for free.  This fee also applies if you choose to cancel your hosting account with Thrasher Hosting before your domain expires.

The Domain Transfer Agreement does not apply if the domain name was purchased separately or was not included free with a hosting plan. If you have any questions, please our sales department

 

Copyright Thrasher, LLC 2006. All rights reserved