Please review our terms and conditions listed below carefully before ordering any of our services.

Financial Agreement:
The customer agrees to a minimum contract based on the hosting plan selected, begining on the date the service is commenced. Payment for the hosting plan over the minimum contract term is due upon receipt of contract.

All hosting accounts must be renewed prior to the hosting contracts renewal date. Crowsnestshire.com will provide writen notice via email or regular mail prior to renewal. Customers wishing not to renew there accounts must provide email notice to Crowsnestshire.com.

Service Provider:
Crowsnestshire.com provides hosting services through the lease/rental/contract of services from a dedicated service provider. The provider of these services will be refered to throughout these terms and conditions as the "Service Provider". Crowsnestshire.com has gone to considerable lengths to acquire the highest level of service and support available from our Service Provider and warents that the service provider has provided a Service Level Agreement (SLA) guaranteeing the network/equipment reliability and performance.

Service:
The Crowsnestshire.com service provider strives to maintain a 99.5% uptime. This uptime percentage is a monthly figure, and is is calculated solely by our service provider or an authorized/contracted outside monitoring services. Crowsnestshire.com or our service provider will not be held liable for any downtime, or if the 99.5% uptime is not met. Crowsnestshire.com specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

Crowsnestshire.com makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Crowsnestshire.com also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause. Crowsnestshire.com specifically denies any responsibilities for any damages arising as a consequence of such unavailability or other mater.

Hosting Support:
Crowsnestshire.com will attempt to provide fast and accurate support via email. Hosting Support is only provided for the setup of accounts and email, and for basic account problems. Crowsnestshire.com does not provide support for installed programs and scripts or databases etc. Please refer to the documentation for the individual scripts.

Hardware Failure:
The Crowsnestshire.com service provider stands behind all equipment on there network. Faulty hardware is rare, but cannot be predicted nor avoided. The service provider utilizes only name brand hardware of the highest quality and perfomance. The service provider will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site Cisco™ engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current service provider contracts with Cisco™ and backbone providers in regard to the emergency repair service in case of such an issue. The service provider will replace all faulty hardware on dedicated servers, at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades.

Content:
All services provided by Crowsnestshire.com and our service provider may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless Crowsnestshire.com from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of non-acceptable content or links: Pirated software, "Illegal MP3's", Hackers programs or archives, Warez Sites, Child Pornography.

Crowsnestshire.com will be the sole arbiter as to what constitutes a violation of this provision.

Traffic/Hits & Server Resource Usage:
All accounts are limited to the alotted bandwidth/data transfer included with your selected package. Crowsnestshire.com will be the sole arbiter as to what constitutes a violation of usage limitations. Bandwidth/data transfer will go unmonitored until you reach your account limit, at which point you may elect to upgrade your account, elsewise the account will be suspended till the end of the current month.

Chat Rooms:
Crowsnestshire.com and our service provider does allow clients to install their own chat rooms. However, these tend to be large system hogs and may fall into the usage limitations clause. We do provide a html based cgi chatroom that runs without hindering the performance of the machine for others. You are free to run your own chat script, as long as it does not hinder server performance.

Background Processes/Programs
Crowsnestshire.com and our service provider may allow programs to run continually in the background, these are considered on a one to one basis and a extra charge may be incured based on system resources used and operational maintenance needed.

Cron Jobs:
Crowsnestshire.com allows Cron Jobs to be conducted on our servers.

IRC:
Crowsnestshire.com currently does not allow IRC or IRC bots to be operated on our servers.

Idle Timeouts:
Crowsnestshire.com may disconnect any idle connection to the network.
Average timeouts are: FTP - 300 seconds

Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from a Crowsnestshire.com account or using an email address that is maintained on a Crowsnestshire.com account is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them. Crowsnestshire.com will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptiable, as long as Opt-Out/Removal request are fully honored. Please make an effort to limit outgoing mail on your account to no more than 1000 pieces per hour. Large mailings are preferred to be sent from the hours of 12AM - 8AM EST

Server Abuse:
Any attempts to undermine or cause harm to the Crowsnestshire.com server or customer of Crowsnestshire.com is strictly prohibited. Crowsnestshire.com will pursue legal action to the fullest extent for all abuse of the Crowsnestshire.com service.

Suspension/De-Activation:
If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. Crowsnestshire.com reserves the right to remove any account without prior notice. If Crowsnestshire.com deactivates your account(s) for violating policy, your will forfeit your rights to a refund...and none will be given. No refunds for advance payments, on de-activated accounts. Normal policy is a warning first, and account de-activation the second offense. Serious offenses may cause immediate de-activation.

Privacy Policy
Crowsnestshire.com respects the privacy of every individual who visits our Web sites, responds to our advertisements or sends us e-mail.

Crowsnestshire.com will not collect any personally-identifiable information about you (that is, your name, address, telephone number, or email address) unless you provide it to us voluntarily.

Crowsnestshire.com will not sell personally-identifiable information to third parties, unless stated at the time of collection.

Indemnification:
The Customer agrees that it shall indemnify Crowsnestshire.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Crowsnestshire.com. The Customer agrees to defend, indemnify and hold harmless Crowsnestshire.com against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Crowsnestshire.com Server; (ii) any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which the Customer sold on the Crowsnestshire.com Server.

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