Terms of Use

Terms of Use

Last Updated: 01/24/2015

The use of services from Website Ministries LLC [hereafter also referred to as “Website Ministries”] constitutes agreement to these terms. These terms may change at any time, without notice to you, so please check back often for updated Terms of Service. If at any point you cannot agree to these terms, please contact info@websiteministries.com to cancel your account.

By agreeing to these terms you are also agreeing to the following Policies.
You may view our Privacy Policy here.
You may view our Moral Policy here.
You may view our Domain Management Policy here.
You may view our Email & SPAM Policy here.

1. Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name that is managed by Website Ministries, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Website Ministries is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account.

Right to Refuse Service
We reserve the right to refuse service to anyone for any reason. In addition, we have a moral policy that governs the type of work we promote with our design work and hosting. Whether your project and website meet the policy and whether we choose to accept your project or website is at the sole discretion of Website Ministries. We also reserve the right to cancel any accounts that have been accepted in the past, but have altered their content and or message over time. By using our services you agree that Website Ministries may cancel your account for violating the moral values of our moral policy and that determination is made at the sole discretion of Website Ministries.

Ownership
The credit card holder, the person listed on a check used to pay for services, or the owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account. In essence, whoever pays for the account is designated as the authorized owner of the account.

Third Party Providers
All transactions with third party providers are solely between the visitor and the individual provider. Website Ministries is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

2. Content
Any and all events or items related to your domain and hosting are your responsibility. As such, Website Ministries LLC does not take responsibility for any content, coding, or other item associated with your account or website (hosting, domain or other). You assume full responsibility and culpability for your site and any content or events associated or connected with it.

All services provided by Website Ministries may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply.
The customer agrees to indemnify and hold harmless Website Ministries 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. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email info@websiteministries.com with your complaint. We may require further documentation.

Using a hosting account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • 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)
  • Push button mail scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Tell A Friend Scripts
  • Anonymous or Bulk SMS Gateways

Website Ministries systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Website Ministries hosting constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Website Ministries may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service, or our moral policy in any manner may be removed from our hosting (or otherwise disabled), with or without notice.

Failure to respond to email from us within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via email/phone and will have a response within 96 hours.

Sites hosted with Website Ministries are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our hosting. The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. Website Ministries is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

Website Ministries is a republisher and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our hosting is the sole responsibility of the third-party user which creates or publishes the content. Therefore, Website Ministries should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under Website Ministries’ hosting service(s).

If in doubt regarding the acceptability of your site or service, please contact us at info@websiteministries.com 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.

Direct customers: Your services will be 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 at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more 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.

3. Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

There is a 500 outgoing email hourly limit per domain. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again.

There is a limit of 30 POP3/IMAP checks per hour per each user’s connecting IP address. If you go over this you’re likely to get a wrong password error message or an error stating “login incorrect”. If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes.

Mailing Lists: If you are using a mailing list hosting with us, you must throttle it to only send a maximum of 1 email every 8 seconds. If the mailing list software you’re using does not allow you to throttle you must switch to an application or script that will.

Any mailing list over 900 email addresses that is hosted with us is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1AM – 8AM Eastern Standard Time, Monday through Friday.

Any email list you host with us, must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else’s email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.

Email Scripts must be able to handle and document all information from a double opt-in list, as well as provide an opt-out option to remove bounce backs and un-subscriptions. These removals must take place in a timely manner.

Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.

Any mailling list MUST comply with all guidelines set forth by the United States government. These can be found at:
http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm .

No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.

Sites advertised via SPAM (Spamvertised) may not be hosted with us. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted with us. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Website Ministries 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 at its sole discretion.

Website Ministries reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Website Ministries.

4. Payment Information
You agree to supply appropriate payment for the services received from Website Ministries, in advance of the time period during which such services are provided.

Cancellations must be done in writing via email or phone. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in email that your account has been canceled.

As a client of Website Ministries, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time.

Website Ministries provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid may result in an account suspension until account balance has been paid in full. If payment in full has not been received 30 days after the invoice is generated, the account will be cancelled.

Website Ministries reserves the right to change the payment amount and any other charges at anytime.

5. Backups and Data Loss
Your use of this service is at your sole risk. Website Ministries is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Website Ministries hosting.

6. Cancellations and Refunds
Website Ministries reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

There are no refunds for closed, cancelled or suspended accounts.

Customers may cancel at any time via email.

Unless specifically requested, the account will remain active until the period which has already been paid for expires. No refunds will be provided if your account is cancelled.

7a. Resource Usage
User may not:
1) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on our hosting.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) 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 hosting.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) 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”)
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

7b. INODES
The use of more than 100,000 inodes on any account may potentially result in a warning first, and if no action is taken future suspension.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.

8. Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Website Ministries will not activate new orders or activate new packages for customers who have an outstanding balance with Website Ministries. For a new order to be setup or a new package to be activated, you must have a balance of $0.00.

9a. Indemnification
Customer agrees that it shall defend, indemnify, save and hold Website Ministries harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Website Ministries, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Website Ministries against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Website Ministries; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Website Ministries’ hosting.

9b. Arbitration By using any Website Ministries services, you agree to submit to binding arbitration. If any disputes or claims arise against Website Ministries or its subsidiaries, such disputes will be handled by an arbitrator of Website Ministries’ choice. All decisions rendered by the arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

10. Disclaimer
Website Ministries shall not be responsible for any damages your business may suffer. Website Ministries makes no warranties of any kind, expressed or implied for services we provide. Website Ministries disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Website Ministries or its members, employees or agents.

11. Disclosure to law enforcement
Website Ministries may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

12. Access and Account Changes
Website Ministries reserves the right to require changes or disable as necessary any web site, account, database, or other component that Website Ministries feels is not in compliance with the overall purpose of Website Ministries. This is at Website Ministries sole discretion and you agree to allow Website Ministries to access and make modifications and changes to accounts at its sole discretion.

Some of our service packages include periodic updates to WordPress installations and other functions on your website. By using our services, you are agreeing that we have your full authorization and permission to access your website (Front end, CMS, Backend, or any other aspect of your site), at any time without further consent or notification, to make changes to your site as we feel is useful. This includes, but is not limited to WordPress core updates, 3rd party plugin updates and any other coding, design and content revisions we feel would be useful. (This should not be construed as a guarantee that we will do any updates or revisions on your site, this simply authorizes us to make these changes should we, at our sole discretion, choose to do them.)

13. Enforcement
The enforcement of the Terms of Service is at the sole discretion of Website Ministries. If at any time we choose not to enforce the full Terms of Service, that will not constitute a waiver of rights for future enforcement or remove any of our rights to enforce the TOS.

14. Changes to the TOS (and included by reference the other Policies of Website Ministries)
Website Ministries reserves the right to revise its policies at any time without notice.

15. Transferability
You also agree that this contract may be assigned or sold to a future individual or entity at the sole discretion of Website Ministries LLC. (For example, if Website Ministries LLC is purchased by another company or individual this contract can be passed along and assigned to this new entity without any objection from you or revision to the terms.)

16. Additional Info
Headings are used to help organize the information, but don’t exclude or specifically include any particular part of this document.

If any part of this document (or by reference any part of our other policies) is not able to stand up in a court, the best and closest possible rendering of it that will meet the original purpose of that section will be used in its place. The rest of the document, that does stand up, will survive and be used as written.

 
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