These Terms of Service are an agreement between SOFTSHELL HOSTING LTD ("SoftShellWeb.com" or "SoftShellHosting.com" "SoftShellWeb" or “us” or “our” or “we”) and you (“Customer” or “you” or “your”). By purchasing or using SoftShellWeb's products and services described and offered on and throughout https://www.SoftShellWeb.com ("our website"), you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement. If you do not agree with our terms of service, then you may not use any of our services. If you are an existing customer, and do not agree with these terms, you should stop use of the services immediately. SoftShellWeb intends to provide the best possible web hosting service to each of its customers. However, due to changing technologies, changing laws and the individual and collective needs of our Customers, SoftShellWeb reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
1) Eligibility & Registration
The Services aren't targeted towards, nor intended to be used by anyone under the age of 13. By utilizing the Services, you represent and warrant that you are at least 13 years of age or older. It is your responsibility to provide complete and accurate information and keep your Account information up to date at all times. Accounts are setup after payment has been received and the order has been screened by either us or our partner(s) for fraud. You are responsible for providing us with a valid 3rd party email address which is not associated with the domain(s) hosted on your account. In case we need to get in touch with you regarding an abuse issue or other account related matters, we will contact you on the primary email you signed up with. If you have registered a domain with SoftShellWeb.com, you must verify that the contact information with your registered domain(s) is always correct and up to date. SoftShellWeb will not be liable for any loss or damage from your failure to provide us with accurate information or to keep your Account secure. Providing false contact information of any kind may result in the termination of your account. You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents), and for keeping your Account password secure. All modifications to an accounts details require a ticket to our billing department. High risk transactions may be subject to further validation, we may require you to provide us with a scanned copy of your government issued identification. If you fail to provide us with proper validation upon request, your order will rejected and marked as fraudulent.
1a) Contact Information
Clients must provide their legitimate name and surname and residential address when registering an account. P.O. Boxes and non-residential or mail forwarding addresses are not accepted. Registration and Order Placement must take place from the client's residential ISP. Account details must match information provided by payment method.
2) Acceptable Usage Policy
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly, you agree to use these Services only for the purposes intended as permitted by (a) the terms of this Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines. SoftShellWeb reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise blocked), with or without notice. Clients that violate our AUP may have all of their services suspended or terminated with or without notice. Failure to reply to an email from our abuse department within the defined time frame in our email to you may result in the suspension or termination of your account.
2a) Violation of Copyright, Trademark, Patent or Trade Secret
SoftShellWeb prohibits copyright and trademark infringement – this includes but is not limited to unauthorized copying of movies, music, books, photographs, software/warez, 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 infringing any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights will be removed or access to the material will be blocked. Any account in consistent violation of copyright laws will be suspended or permanently terminated. If you believe that any account hosted with SoftShellWeb is in violation of the copyright agreement laid forth here, please email [email protected] with the required information. Documentation may be required in order to follow through with account suspension/termination.
2b) Here is a list of things we do not allow, this list should assist you in evaluating whether SoftShellWeb is the right service provider for you. The contents, links, or actions on any Services listed below are a violation of these terms of service.
CPU/Memory/Resource Abuse - Excessive server Resources consumption Causing Server Performance Issues Banner exchange or commercial banner ad rotation, free adult tgp (thumbnail gallery post), or free adult image galleries DoS Source - Source of Denial of Service Attack DoS Target - Target of Denial of Service Attack File Scripts - File Dump/Mirror Scripts (similar to rapidshare) AutoSurf/PTC/PTS/PPC sites Image Hosting Scripts (similar to Photobucket or Tinypic) Forgery - Faking an IP Address, Hostname, E-Mail Address, or Header IRC - Internet Relay Chat Server, including IRC Scripts/Bots Mass Storage - Storing Mass Amounts of Backups, Archives, Videos, images, media etc. PayDay Loan Sites - any site related to PayDay loans, PayDay loan affiliate programs, etc Pharmacy Sites - Sites facilitating the sale of any controlled substance without prior proof of appropriate permit(s), including but not limited to sites designated rogue on legitscript.com Proxy Sites - an Anonymous Proxy Server Bitcoin Miners Portscan Attacks Bruteforce Attacks Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc) Mailer Pro Misleading website(s) Anonymous or Bulk SMS Gateways Bulk Email - No more than 500 emails of similar content (Opt In) Spam Email - Unsolicited Bulk Email (UBE)or Unsolicited Commercial Email (UCE) Spam Web - Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, Guestbooks, or Social Media Spam Listing - Any spam causing blacklisting of our IP addresses at any RBL for Malicious Activity Spam Site - Any site Advertised by Spam Email or Spam Web Spam Ware - Software Designed for Spamming Spam List - Email Address Lists for Spam Phishing - Identity Theft by Email Under False Pretense Identity Theft - Stolen Account Identification Information Infected Site - Exploits, Trojans, Viruses, or Worms Unregulated Sites that sell or promote Alcoholic Beverages Fraud Site - any Website Intended to Deceive the Public including, but not limited to sites listed at aa419.org & escrow-fraud.com Investment Sites - FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or Related Sites Terrorist Site - a Site Advocating Terrorism Illegal Activity - Tools or Instructional Material on Hacking/Cracking or Other Illegal Activity Trademark - Trademark Infringed Materials Copyright Infringement - Copyright Infringed Materials Warez - Crackz, Hackz, KeyGenz, Serialz, or any Pirated Software Child Pornography - Pornography Involving a Person Under Legal Age
2c) Un-Suspension Fees
If your services at SoftShellWeb get suspended for any reason deemed inappropriate by SoftShellWeb or if the TOS has been violated. A un-suspension fee of $25 will be charged at our discretion to the effected account in order to unsuspend it. Recurring violations may result in account termination.
3) Refusal of service
SoftShellWeb holds the right to refuse service to anybody at any time. Any material that, in SoftShellWeb's judgement, is obscene, deceiving, threatening, prohibited, or breaks SoftShellWeb's terms and conditions in anyway may be removed from SoftShellWeb's servers (or otherwise blocked), with or without notice. Any communication with SoftShellWeb's staff construed as belligerent, vulgar (curse words), attacking, highly rude, threatening, or abusive, will receive a single warning. If the communication continues, your Services may be suspended or terminated without refund. This includes, but is not restricted to, threats to sue, slander, libel, publicly post, or start a chargeback. SoftShellWeb may refuse service to clients that use a VPN or Proxy during account registration. You also agree that we may, at our sole discretion, suspend or block access to all or part of your website with or without notice and for any reason, including, without limitation, breach of this Agreement.
4) Resource Usage
Customers may not: Run stand-alone, unattended server-side processes at any point in time. This includes and and all daemons, such as IRCD. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. Run any software that interfaces with an IRC (Internet Relay Chat) network. Run any BitTorrent application, tracker, or client. You are allowed to link to legal torrents off-site, but these cannot be stored on our shared servers. Take part in any file-sharing/peer-peer activities. Run cron entries with intervals of less than 15 minutes. Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
Resource limitations for regular shared cpanel plans: Up to 1 CPU Core 256MB Memory Usage 20-30 Running Processes 100-250k Total Inodes 150 outgoing emails per 60 minute period (excess emails will be discarded and not delivered) 10 MySQL Connections
Shared accounts exceeding 150,000 inodes may receive a warning first, followed by a suspension if no action is taken to reduce the number of inodes. Every file on your account uses up 1 INODE.
6) Bandwidth Usage
Your monthly bandwidth allowance is dependent on the hosting package you buy. If your account exceeds the limit, SoftShellWeb reserves the right to disable or suspend the account until the start of next allotment or until more bandwidth is purchased at an added fee or the account is upgraded to a higher level plan. Unused bandwidth does not transfer over to the next month. Customers are expected to show responsible use of bandwidth resources, in order to allow for fair usage by all SoftShellWeb customers. SoftShellWeb reserves the right to suspend, terminate, or limit (including but not limited to port speed restrictions) Services on any account, that at its sole discretion, is using an abnormally large amounts of bandwidth at any time without prior warning, and for any or no cause.
All web applications that are out-of-date and actively being exploited will be suspended immediately or terminated without prior notice. You are responsible for and should evaluate your web-based applications and scripts on a regular basis to ensure their security and orderliness. Failure to update and secure any web applications or scripts available via the cPanel interface may result in SoftShellWeb either updating the web applications and scripts or suspending your account services until they are updated. Out-of-date web applications, scripts and weak passwords are the number one cause of compromised/hijacked accounts. When possible, please set your directory permissions to 755 or as restrictive as possible/necessary. Customers are responsible for all actions taken under their account. This includes but is not limited to compromised login credentials (such as username and password). As the Customer, you are required to use a strong password. If a weak password is used, your account may be suspended until you make your password more secure. Additionally, we may perform scans to find weak passwords and notify you if your password is found to be weak/insecure, or may force a password change through the control panel by expiring your existing insecure/weak password. We also reserve the right to change your password if your password is found to be weak/insecure or compromised. SoftShellWeb will not be liable for any loss or damages of whatsoever kind, under whatever legal theory, caused by Customer's failure to comply with any of the foregoing security obligations or made by any person to whom Customer grants access to the Customer's Services, or due to any updates performed by SoftShellWeb pursuant to the conditions of this agreement.
9) Zero Tolerance Spam Policy
SoftShellWeb has a zero tolerance policy against sending of unsolicited e-mail, bulk emailing and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Accounts found to be sending spam will be terminated indefinitely with or without notice. Website advertised using SPAM (Spamvertised) cannot be hosted on SoftShellWeb's servers. This includes, but is not limited to SPAM sent via email, instant messaging, post mail, phone, fax, comment spam, or usenet/newsgroups. Organizations or entries listed in the ROKSO cannot be hosted on our servers. Accounts which result in our IP space being blacklisted will be immediately suspended or terminated. SoftShellWeb reserves the right to charge the owner of the account that is used to send any unsolicited e-mail a clean up fee or any other charges incurred for blacklist removal. The cost of the clean up fee is variant on the degree of blacklist and is entirely at the discretion of SoftShellWeb. SoftShellWeb also reserves the right to request 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.
10) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. SoftShellWeb does not provide support to our Reseller’s Clients. 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’. SoftShellWeb will hold any reseller responsible for any of their clients actions that violate the law or the terms of service. A administrative charge may be applied to unsuspend a Reseller account if there is abuse under account.
11) Aup Violations
Direct Customers Your Services may be terminated immediately with or without notice.
12) Payments and Billing
Customer agrees to supply appropriate payment for the services provided by SoftShellWeb, in advance of the time period during which services are provided. Special offers are limited-time promotional prices that are available to new customers and are only valid for the Initial term only, and not for renewals. SoftShellWeb will automatically renew Customer's Hosting Account by charging the applicable fee for the non-promotional price to Customer's current method of payment on file.
You also agree that until and unless you notify SoftShellWeb of your need to cancel any or all services received, those services will be billed on a recurring basis based on your billing cycle. Unless a cancellation request is submitted, SoftShellWeb reserves the right to bill your credit card or any other billing method you have on file with us. Subsequently, all domain renewals are billed and renewed 30 days prior to the renewal date. It is your responsibility as the customer to notify our billing department via email (or ticket) at [email protected] for any domain registration you wish to cancel. No refunds can be given once a domain has been renewed, registered or transfered -- all domain registrations, transferals and renewals are final.
14) Late Payments
Any invoice that is unpaid for 1 days after the payment due date will result in account/service/product suspension until the balance on the account has been settled. SoftShellWeb reserves the right to charge a 10% late invoice fee five days after the due payment date on the invoice. Access to the account will not be restored until payment has been received for the overdue invoice. Domain renewal notices and invoices are provided as a courtesy reminder from SoftShellWeb and we cannot be held responsible for a customer's failure to renew a domain or failure to notify a customer about a domain's renewal. SoftShellWeb is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, SoftShellWeb reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.
15) Backups and Data Loss
Customer agrees that use of SoftShellWeb services is at Customer’s sole risk. Our backups run twice daily and keep your site file changes for up to 7 days. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at SoftShellWeb’s sole discretion. Any advertised backup services provided by SoftShellWeb, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backups of files and data stored on SoftShellWeb's servers; SoftShellWeb is not responsible for any loss of files or data residing on your account.
16) Domain Name Registration, Transfer or Renewal
We promise to do our best to ensure your domain names are registered, transferred or renewed on time. If any domain name registration, renewal or transfer lapses, it's your responsibility to inform us within fourteen (14) days. Redemption fees will be charged to Customers for domain names that expired or remain expired more than thirty (30) days, when no contact is made in the required timeframe with SoftShellWeb. SoftShellWeb's liability is limited to the total amount paid for the domain name. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by SoftShellWeb) in connection with the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to SoftShellWeb as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase.
Customers can cancel their account at any time by requesting cancellation of their account from the client portal. Similarly, SoftShellWeb reserves the right to cancel, suspend, or otherwise restrict access to the Service(s) it provides at any time, for any or no reason, and with or without notice. SoftShellWeb is not responsible for any damages or loss of data resulting from such suspension or termination. Upon submitting the form, you will receive a submission confirmation in your email address on file with SoftShellWeb. We may contact you via email, ticket or phone to confirm your cancellation. If you do not hear back from us, or do not receive an automatic confirmation email after submitting your request, please open a ticket with our Sales/Billing Department from your account with SoftShellWeb to confirm whether or not we received your cancellation request. If you have setup a recurring Paypal subscription to pay for your Services, you are solely responsible for canceling the subscription for any recurring PayPal payments by logging into PayPal.com directly. SoftShellWeb has no control over your PayPal subscription payments and will not be responsible for any payments made from your PayPal account after cancellation or termination of your Services and is under no obligation to refund such payments. Funds that have been paid via recurring PayPal subscriptions due to the customers error can only be added as credit towards the account and cannot be refunded via PayPal.
18) Refunds and Money Back Guarantee.
SoftShellWeb services carry a unconditional 30 day money back guarantee if you are not completely satisfied with our services. In this event you will be granted a full refund of the contract amount. However, redeemeable items such as administrative fees, PayPal fees, transaction fees, SSL certificates, setup fees, custom plans, dedicated servers, domain names, domain renewals, domain transfers, additional IPv4 addresses and billing software will be deducted from the refund amount. Paymantes made to SoftShellWeb via cryptocurrency are final and can't be refunded or reversed. Special Promotions may/may not apply to unconditional money back guarantee; if purchasing a promotion please read the Terms of Service in the promotion and/or ad. Customers which violate our Terms of Service are not entitled to a refund or any form of compensation.Invoices that have been paid more than once with multiple PayPal subscriptions due to the customers error can only be added as credit towards the account and cannot be refunded via PayPal. If you require any assistance with this matter, please open a ticket with our Billing Department from your account with SoftShellWeb.Funds that have been paid via CoinPayments or SpectroCoin can only be added as credit towards the account and cannot be refunded via CoinPayments or SpectroCoin.Refund Eligibility: Under the money back guarantee, only first-time accounts and services are eligible for a refund. For example, if you've had an account or service with us before, canceled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. If you cancel your account after the first 30 days have passed, or after your account is renewed then unfortunately we will not be able to issue any refunds. You have to send a refund request within 30 days of purchase to our Sales department via Ticket or email to [email protected] Violations of SoftShellWeb's Terms of Service will waive the refund policy.
19) Chargebacks, Reversals, and Retrievals
If SoftShellWeb receives a chargeback or payment dispute from a credit card company, bank, or Paypal, your Services may be suspended without notice and you may be reported to FraudRecord. A $100 chargeback fee (issued to recoup mandatory fees passed on to SoftShellWeb by the credit card company), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact SoftShellWeb's billing team to address any billing issues.
20) Uptime Guarantee
In the event that your shared / reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, you may be entitled to credit of up to 2% of your monthly fee for every hour of downtime (up to, but not exceeding 100% of one monthly payment, and the credit will be applied toward future payments). Approval of credit is at the discretion of SoftShellWeb.com upon valid justification provided. Third party monitoring services are not accepted as justification due to variety of factors including monitor's network capacity/transit availability and firewalls. The uptime of the server is defined as the reported uptime from the OS (operating system) and web server. Site availability guarantee does not include downtime that is out of SoftShellWeb's control, including but not limited to: outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; scheduled or emergency maintenance, DDoS or other attacks on our servers, hardware failure, third-party software failure, maxed out resources, interruptions resulting from errors or omissions by the customer, issues relating to the customer's ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control. You are responsible for reporting a downtime event, and you must request a credit within five (5) days of experiencing a downtime event. To request credit, contact [email protected] with proper justification. Uptime Guarantees do not apply to VPS Hosting(OpenVZ VPS & KVM VPS), Game Servers or Dedicated servers as they are covered by a network uptime guarantee(up to 2% of your monthly fee for every hour of downtime, but not exceeding 100% of one monthly payment) in which the credit may or may not be prorated for the amount of time the server is offline.
21) Price Change
The payment amount for hosting may increase from your date of purchase with or without notice. We reserve the right to change prices listed on SoftShellWeb.com, as well as the right to increase/decrease the amount of resources given to plans at any time.
22) Promotional Discounts and Coupons
Discounts and coupons are reserved for first time, new customers only. You cannot use a coupon or promo code more than once for the same account at a later date. Coupon abuse will not be tolerated and could result in suspension or termination of the account. Coupons, promo codes, or discounts are valid for the initial purchase term only and do not affect the renewal or the recurring price of your plan. One FREE .COM, .NET or .ORG with purchase of a new 12-, 24- or 36-month shared hosting plan. You must add the domain name into your cart at the time of purchase. Cannot be used in conjunction with any other offer, sale, discount or promotion. Free domain offer is only for the first year . After the first year, domains purchased through this offer will renew at the then-current renewal price.
23) Transfers - Website Migration
Website transfers or migrations are provided as a courtesy service and although our team will make every effort to move your site to SoftShellWeb’s servers, we cannot make any guarantees. Each web hosting company uses unique configurations which saves website data in an incompatible format, which may make it difficult if not impossible to transfer account data. If your old web host uses cPanel, our team can seamlessly initiate an account transfer on your behalf. The free transfer provided by SoftShellWeb is only available within 30 days of account registration after which period an account transfer request will incur a small charge.
You agree to defend, protect, indemnify and hold harmless SoftShellWeb, and its officers, directors, employees, agents, and third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and collectively, "indemnified parties") from and against any and all claims, costs, damages, losses, liabilities, demands, actions, proceedings (whether legal or administrative), and expenses (including, without limitation, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of, or relating to: (I) your use of the Services; (II) violation by you of any of SoftShellWeb's Agreement or policies; (III) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification terms of this section shall survive any termination of this Agreement or your use of this Site or the Services found at this Site.
You agree that your use of SoftShellWeb's Services is at your own risk. SoftShellWeb will not be responsible for any damages your business may suffer. SoftShellWeb makes no warranties of any kind, expressed or implied for services we provide. This disclaimer includes, but is not limited to, the warranties or non-infringement, fitness for a particular purpose, warranties or merchantability. Neither SoftShellWeb, its employees, agents, resellers, third party information providers, merchants licensors or the like, warrant that SoftShellWeb's services will not be interrupted or be error-free; nor do they make any warranty as to the results that might be obtained from the use of the services or as to the accuracy, or reliability, of any information service or merchandise contained in or provided through SoftShellWeb's network, unless otherwise expressly stated in this agreement. SoftShellWeb specifically disclaims any and all warranties regarding services provided by third parties, regardless of whether those services appear to be provided by SoftShellWeb. No warranties made by these third parties to SoftShellWeb shall be passed through to you, nor shall you claim to be a third party beneficiary of such warranties.
26) Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
27) Limitation of Liability
In no event shall SoftShellWeb, its officers, directors, employees, agents or third parties providing services through SoftShellWeb, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, including but not limited to: damages for loss of earnings, profits, revenue, business, data, or any other pecuniary loss by you, any of your end users or any third party as a result of your use of this site or the services found at this site or from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of god, communication failure, theft, destruction or unauthorized access to SoftShellWeb records, servers or programs. You agree that this paragraph applies even if SoftShellWeb has been advised of the possibility of such damages. You hereby acknowledge that this paragraph applies to all contents on any of our servers or services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; you agree that in those jurisdictions, SoftShellWeb's liability will be limited to the extent permitted by law. You also acknowledge and accept that any damages will be limited to no more than the fees paid by you for one (1) month of service.
28) Disclosure to Law Enforcement
SoftShellWeb may disclose any customer information to law enforcement agencies without consent or notification to the customer upon appropriate lawful request from such agencies. We will co-operate fully with law enforcement agencies.
29) Affiliates Agreement
Affiliates agree upon our Affiliate Program Terms and Conditions.
30) Changes to the Terms of Service
SoftShellWeb reserves the right to revise its policies at any time without notice