Terms of Service

Terms of Service


The use of services from CynderHost LLC (hereafter referred to as “CynderHost”) constitutes agreement to these terms. “CynderHost” agrees to provide services to the Customer, subject to the following Terms of Service (TOS). “You” and “User” means the person or company who is using our service(s) or product(s).


Account & E-mail

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.

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.

Providing false contact information of any kind may result in the termination of your account. In high risk transactions, it will be necessary to go through telephone verification as well as well as to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Please allow us up to 24 hours to verify and approve your account / order after payment.


Ownership

The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.


Intellectual Property and Disclosure

You retain sole ownership of all content created and hosted on our platform, including website files, images, brands, logos, and more. You do not authorize CynderHost to distribute, modify, or store your content, except in cases where it is required to comply with law, to support you in setting up or maintaining your site, to enforce our ToS and to inspect such content to verify that they are free of malware, illegal, and other malicious content.

By hosting content with us, you grant us express permission to view or modify your content if we deem it is necessary to carry out our service to your or other users or if we feel it necessary to uphold US law or our other ToS.


Acceptable Use Policy

All services provided by CynderHost may only be used for lawful purposes. The laws of the United States of America apply.

The customer agrees to indemnify and hold harmless CynderHost 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 another’s 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 support@cynderhost.com with the information required. If the request is of a licensing issue, we may require further documentation.

Using a web 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 on all web hosting plans include:

• Topsites
• IRC Scripts/Bots
• Proxy Scripts/Anonymizers
• Pirated Software/Warez
• Copyrighted material (movies, music etc.)
• 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


Served Content

By using our service, you agree that we will serve your hosted content to the best of our ability. If a certain region or user is blocked for legal, privacy, security, or other reasons, we are at no obligation to serve content, regardless of ownership to them. By using our service, you also agree that we may use our own and third party providers to scan your website, proxy your website/content, and collect statistics from you and/or your visitors necessary to improve our services, as well as improve our security. You agree to take responsibility and disclose this collection of data as needed or required by law.


Prohibited Uses

Users may not:

• Utilize the Services to send unsolicited bulk and/or commercial messages over the Internet (known as “spam” or “spamming”). It is not only harmful because of its negative impact on consumer attitudes toward CynderHost, but also because it can overload CynderHost’s network and disrupt service to its subscribers. Maintaining an open SMTP relay is prohibited. Any direct action, configuration, or setting that causes excessive outbound e-mail traffic is subject to review and possible action.
• Utilize the Services for or in connection with any activities or content determined by CynderHost, in its sole discretion, to be related to gambling, adult, obscene or pornographic materials or content, harassment, defamation, libel and hate speech or other offensive speech or content, or for any unlawful purpose, including without limitation, fraud, money laundering, child pornography, terrorist-related activities, activities in violation of USA export or import laws, any executive orders, or any rules, regulations or orders issued by Office of Foreign Asset Controls (“OFAC”), infringement on rights of others, trafficking in illegal drugs, or any products or services that are prohibited under applicable law, or which CynderHost determines to be controversial or disruptive to the operations of CynderHost or any other User or third party.
• Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization.
• Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party.
• Utilize the Services to export encryption software to points outside the USA in violation of applicable export control laws.
• Utilize the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message.
• Utilize the Services in any manner that violates applicable law.
• Use any BitTorrent tracking technology for downloads.
• The use of Botnets, or any act resulting in web browser vulnerabilities, worms or Trojan horses.
• Utilize the Services in connection with any tortious or actionable activity.
• Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person’s consent or (C) otherwise violates the privacy rights of any person.
• Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
• Utilize the Services in connection with any other disruptive, controversial or abusive activity, as determined by CynderHost in its sole discretion. Without limiting the general application of this rule, Users may not:
• Utilize the Services to cause denial of service attacks against CynderHost or other network hosts or Internet users or to otherwise degrade or impair the operation of CynderHost’s servers and facilities or the servers and facilities of other network hosts or Internet users.
• Post messages or software programs that consume excessive CPU time, or storage space, or network bandwidth.
• Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or auto responders other than for the User’s own account.
• Utilize the Services to subvert, or assist others in subverting, the security or integrity of any CynderHost systems, facilities or equipment.
• Utilize the Services to gain unauthorized access to the computer networks of CynderHost or any other person.
• Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code.
• Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including “spoofing”) to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous re-mailers or Internet nicknames).
• Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services
• Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator).
• Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or Spam.
• Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or Spam.
• Utilize the Services in any manner that might subject CynderHost to unfavorable regulatory, law enforcement or other legal action, subject CynderHost to any liability for any reason, or adversely affect CynderHost’s public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by CynderHost in its sole discretion.
• While on a shared web hosting platform, utilize, operate, enable, execute, compile, upload or publicly store source code, executable code, programs, or software packages designed to perform tasks not directly associated with Web site/e-mail hosting, including, without limitation, (A) directly opening any listening port, (B) starting any ‘daemon’ process, (C) performing local/remote security scans, (D) simulating local shell/OS access by means of a tunneled/encapsulated connection to a remote host, (E) circumventing firewall restrictions, (F) connecting to any IRC/Peer to Peer file sharing server/network, (G) providing ‘tracker’ services to ‘BitTorrent’ clients and/or (H) exploiting web browser vulnerabilities, as determined by CynderHost in its sole discretion.
• Attempt to attack, disrupt, or abuse the support- and contact-related mechanisms of CynderHost, including, but not limited to, telephone lines, e-mail addresses, fax lines, bulletin boards or contact/signup forms.
• Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.

Resource Usage

Plans are alloted a certain amount of resources that they may use. The resources are provided on an as-is and not a guarantee. We reserve the right to suspend or ask you to upgrade your account if your resource usage frequently hits such limit, in order to ensure that your usage does not affect the services of others. This includes, but is not limited to:

• Using more than 50% of allotted resource usage for an extended amount of time.
• Using an excessive amount of data transfer rate.
• Using the service in a way that disrupts the service of others.
• Attempting to use the resources to perform operations other than hosting, including: crypto-currency mining, hash cracking, machine-learning training, and VPN tunneling.

CynderHost services, including all related equipment, networks and network devices are provided only for authorized customer use. CynderHost 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 CynderHost system(s) 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. CynderHost 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 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 24 hours.

Sites hosted on CynderHost’s service(s) are regulated only by USA law. Given this fact we do not remove allegedly defamatory material from domains hosted on our service(s). 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. CynderHost 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.

CynderHost 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 services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, CynderHost should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under CynderHost’s webhosting service(s).

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


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.


Limits

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. 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 on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

CynderHost 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 in an emergency at its sole discretion.

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

If your actions have caused any IP addresses of any of CynderHost’s servers to be placed on any blacklists or any other email filtering software systems, a $100 charge will be added to your account in addition to $100 per hour beyond the first hour for administrative charges incurred to remove and protect our servers and IP addresses from any blacklists or other email filtering software systems.


Payment Information

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

Cancellations must be done in writing via our client area. Once we receive your cancellation and have confirmed all necessary information with you, we will inform you that your account has been canceled. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of CynderHost, 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 CynderHost of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by CynderHost. CynderHost reserves the right to bill your credit card or billing information on file with us. CynderHost provides a 2 day grace period from the time the invoice is due and when it must be paid. Any invoice that is outstanding for 2 days and not paid will result in a $5 late fee and/or an account suspension until account balance has been paid in full. The $5 late fee is applied in addition to whatever else is owed to CynderHost for services rendered. Access to the account will not be restored until payment has been received.

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 at support@cynderhost.com for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations and renewals are final.

CynderHost reserves the right to change the monthly payment amount and any other charges at any time.

CynderHost will not activate new orders or activate new packages for customers who have an outstanding balance with CynderHost. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by CynderHost in writing.


Domain names

Domains that you order via CynderHost are non-refundable at any stage, refunds that are given are only provided if there is a fault with registration or the order does not process successfully between our Registrar account and our billing services. Refunds will not be given if the domain has been successfully registered on our Registrar account.

If you have a domain name registered with CynderHost, 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. CynderHost 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.


Cancellations and Refunds

CynderHost reserves the right to cancel, suspend, or otherwise restrict access to a client’s account at any time with or without notice.

There are no refunds for domain registrations, domain renewals, server management and software license costs.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and CynderHost is not responsible for any change in exchange rates between time of payment and time of refund.

If customers violate our Terms of Service in any way then they are not entitled to a refund, even if they are inside the money back guarantee period.

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

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

• Bank Wire Transfers
• Checks
• Money orders

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


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.


Uptime Guarantee

If your hosting account has a physical downtime that is not within the 99.9% uptime you may receive up to one month of credit on your account. Uptime is measured on a per calendar-month basis. Approval of the credit is at the discretion of CynderHost dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system which may differ from the uptime reported by other individual services. Any downtime less than five minutes in duration or any downtime necessary to install and apply critical security updates will not be recorded.

Downtime caused by issues beyond CynderHost’s reasonable control, including denial of service or similar attacks, mail bombs, DNS resolution, Domain Name expiration, Internet availability, SYN attacks, and other events or any other Force Majeure event will be excluded from uptime calculations. Scheduled maintenance is not counted as downtime as long as clients are notified prior to the maintenance and the maintenance time frame is followed as described in the notification.

If uptime for the first 30 day period (or any calendar month thereafter) is below 99.8%, CynderHost will issue a credit to you according to the following schedule:

• 99.0% to 99.8% | 5% of the monthly fee credited
• 98.0% to 98.99% | 10% of the monthly fee credited
• 95.0% to 97.99% | 15% of the monthly fee credited
• 90.0% to 94.9% | 30% of the monthly fee credited
• 89.9% or below | 2.5% credited for every 1% of lost availability up to 100% of the monthly fee

To request a credit, please contact support@cynderhost.com with justification. All requests must be made in writing via email.


Data Loss

By using our service, you agree to hold CynderHost, it's staff and employees, and affiliate harmless in the event of data loss, or corruption. You alone are responsible for maintaining off-site backups of your content, and we will not be held liabile in the event of data loss due to any reason.


DMCA Takedown and Notice Policy

If you believe that content on our website violates your copyright, please contact us in accordance with the Digital Millennium Copyright Act. If you are a copyright content owner and you believe that content on CynderHost violates your rights, please email us at abuse@cynderhost.com. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.

Upon receipt of a DMCA Takedown complaint or notice, we will prompty review, investigate, and respond by taking the appropriate actions, including removing such said content, suspending or terminating the user, or requesting more information if we believe sufficient proof of ownership has not been provided. You agree to comply and assist us in any means possible with our investigation. If we remove or suspend the user, we will make reasonable effort to contact them about such takedown.


Counter Notification Policy

If you believe your content hosted with us was taken down for copyright reasons was a mistake, you are to provide proof and verification to us through a counter-notification notice at abuse@cynderhost.com. You are to do so prompty and within 7 days of notification of a takedown. Upon receipt of such notification, we will forward such details to the filer of the initial takedown complaint and inform them that the content will be restored in 10-14 days if we have not received further reply. In the event of lawsuit or arbitration, CynderHost is not liabile for any loss, fees, or damages in relation to copyright content hosted or served through our platform, except in cases where we fail to respond in a reasonable timefram (14 days).


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.


Indemnification

Customer agrees that it shall defend, indemnify, save and hold CynderHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against CynderHost, 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 CynderHost against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with CynderHost; (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 CynderHost’s server.


Disclaimer

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


Limited Liability

Under no circumstances, including negligence, shall CynderHost, its offices, agents or anyone else involved in creating, producing or distributing CynderHost services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the CynderHost services; or that results 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 CynderHost’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on CynderHost’s servers.


Disclosure to law enforcement

CynderHost 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.


Changes to the Terms Of Service

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


Privacy Policy

CynderHost respects your privacy. Please see how we manage your privacy within our privacy policy. Please review all policies relating to your privacy carefully.