The use of services from Host Rivers Infotech, hereafter referred to as "Host Rivers" constitutes agreement to these terms.

Acceptance of Contractual Agreement :

Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by Host Rivers, that you are agreeing to our Terms of Services, Acceptance Policy and Service Level Agreement. No Modifications of said contract by customer is allowed.

Host Rivers will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract.. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

What may NOT be hosted on our network :

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 abuse@hostrivers.com with the information required.

Using a shared 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 on all Shared and Reseller servers include :
  • 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)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Examples of unacceptable material on all Dedicated servers include:
  • IRCD (irc servers)
  • IRC Scripts/Bots
  • Pirated Software/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/spam Scripts
  • Escrow
  • 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
  • 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)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

Host Rivers services, including all related equipment, networks and network devices are provided only for authorized customer use. Host Rivers 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.

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. Host Rivers 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 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 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket or email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@hostrivers.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.

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers:

we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers:

Your services will be terminated with or without notice.

Violations will be reported to the appropriate 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.

Payment Information:

You agree to supply appropriate payment for the services received from Host Rivers, in advance of the time period during which such services are provided. You agree that until and unless you notify Host Rivers of your desire to cancel any or all services received, those services will be billed on a recurring basis.

As a client of Host Rivers, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Host Rivers of your desire to cancel any or all services, those services will be billed on a recurring basis, unless otherwise stated in writing by Host Rivers. Host Rivers reserves the right to bill your credit card or billing information on file with us. Host Rivers provides a 5 days grace period from the time the invoice is generated and when it must be paid. Access to the account will not be restored until payment has been received.

It is the customer's responsibility to notify our sales team via email at sales@hostrivers.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Host Rivers cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.

Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer's responsibility to notify our sales team via email for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.

Host Rivers reserves the right to change the monthly payment amount and any other charges at anytime.

Backups and Data Loss :

Your use of this service is at your sole risk. Our backup service runs once a week overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Host Rivers 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 Host Rivers servers.

Cancellations and Refunds :

Host Rivers reserves the right to cancel, suspend, or otherwise restrict access to the 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.

There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared and reseller accounts after the initial 30 days non-conditional money back period will be refunded on a prorated basis of any unused time.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

Resource Usage :

User may not :

  1. Use 20% 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 on the server. This includes any and all daemons, such as IRCD.
  3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  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 shared servers.
  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.
Backup Limit :

Any shared account using more than 20 giga bytes of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

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.

Money back Guarantee :

On dedicated servers and Virtual Private Servers (VPS) no refund will be honored and the 30 days money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

Each of Host Rivers shared, and reseller servers carry a 30 days unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

Host Rivers will not activate new orders or activate new packages for customers who have an outstanding balance with us. For a new order to be setup or a new package to be activated, you must have nil balance, unless otherwise stated by Host Rivers in writing.

Uptime Guarantee :

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

Inodes :

The use of more than 1,50,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 1,00,000 inode limit will automatically be removed from our backup system to avoid over-usage of CPU resources. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

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.

Reseller / Client Responsibility :

Resellers are responsible for supporting their clients. Host Rivers does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Host Rivers will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

Shared (non-reseller accounts) / Semidedicated Servers :

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.

Dedicated Servers :

Host Rivers reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Host Rivers reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact sales@hostrivers.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

Price Change :

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on hostrivers.com, and the right to increase the amount of resources given to plans at any time.

Coupons :

Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

Disclaimer :

Host Rivers shall not be responsible for any damages your business may suffer. Host Rivers makes no warranties of any kind, expressed or implied for services we provide. Host Rivers 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 Host Rivers and its employees.

Changes to the TOS :

Host Rivers reserves the right to revise its policies at any time without notice.

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