Website Hosting Terms & Conditions
We’ve tried our best to keep it straight forward. If you have any comments or questions, contact us. When you sign up for one of our website hosting plans, you’re agreeing to these terms. We encourage you to read them and ask any questions. We’re open to feedback and love hearing from clients about opportunities on how we can improve our services or where you think we might be missing the mark.
It is compulsory that you completely agree to the below terms of service before enrolling any hosting services provided by SetMySite Hosting. By using or continuing to use any of the SetMySite Hosting services, you are automatically agreeing to the conditions of this document.
The SetMySite Hosting Terms of Service (“SMSHTOS”) have been designed to provide our clients with a very clear and transparent understanding of what we expect of them while using any of the services offered here at SetMySite. The use or continued use of any of the SetMySite Hosting services represents your complete acceptance and compliance to the SetMySite Hosting TOS, regardless of whether you have physically read them or not.
Upon initial registration SetMySite has accepted your use of our services across our entire network. For this reason under normal conditions your hosting accounts activity will not be monitored regularly. Additionally, SetMySite Hosting does not implement editorial control over any content of any website. This includes but is not limited to newsgroup material, e-mails, articles, or personal blogs. However in full agreement with the SetMySite Hosting TOS, SetMySite Hosting reserves the right to remove any material that in our judgement appears to be illegal, may subject SetMySite and Encoda Group, Inc. to any degree of liability or may violate the SetMySite Hosting TOS. SetMySite will always reserve the right to assist with legal proceedings whether that is with third parties and/or directly with law enforcement to further examine any suspected or alleged crime or civil offense. Violation of the SetMySite Hosting TOS to any extent may result in the immediate suspension or termination of your relevant SetMySite Hosting service in addition to the suspension or termination of any other SetMySite Hosting services you may have.
All SetMySite Hosting services experience monitoring for system exploitation, security and fraud risks. All risks and/or inappropriate use of any SetMySite Hosting services that SetMySite discovers as well as those brought to the attention of SetMySite through third parties that violates the SetMySite Hosting TOS will result in swift action taken against the offending client with consequences deemed appropriate by SetMySite.
If any SetMySite Hosting client directly or indirectly violates the SetMySite Hosting TOS, SetMySite reserves the right to terminate any and all services linked to the offending client without notice. If SetMySite Hosting perceives the offense to be unknown to the client, SetMySite will notify the offending client of the mischievous or inappropriate activity alongside any necessary corrective action that SetMySite deems appropriate. If corrective action is not volunteered by the offending client in a period of time SetMySite finds reasonable or if SetMySite perceives the offense to be deliberate and obvious violations of the SetMySite Hosting TOS, SetMySite will take immediate action against the offending client. It must be understood that a delayed action or complete failure on SetMySite’s part to implement this policy for whatever reason will not be construed as a waiver of SetMySite’s right to do so at any time.
In review, while utilizing any of the SetMySite Hosting services, you, alongside the rest of the SetMySite Hosting client base are expected to access your account morally, sensibly and most of all responsibly.
1. SetMySite Hosting Account Activation and Setup
Once your order has been placed, your SetMySite Hosting account will be provisioned immediately. The setup of your service however requires manual intervention as it is processed after payment has been received for potentially fraudulent activity. For all new shared accounts, you can expect a one (1) business day setup time. For VPS, hybrid, dedicated and collocation accounts, setup time drastically differs depending upon the complexities of your requests – on average our custom tailored virtual and dedicated managed hosting environments are deployed in less than two (2) business days, but please speak with your account representative for an accurate estimate. These estimates exclude migration time.
2. Data Migration Policy
SetMySite has built a reputation over the years as a company both capable and willing to migrate complex applications and websites to our infrastructure, generally free of charge. While we will continue to do so on a case-by-case basis, our standard migration policy extends purely between cPanel and Direct Admin control panels. Going the extra mile for our clients is part of our daily routine, if your website or application does not use cPanel or Direct Admin, or does not use a control panel at all, please reach out to us prior to signing up and we may be able to make arrangements.
The bottleneck of a migration is the connection to your previous host and the speed of their support. SetMySite Hosting will begin your migration typically immediately after the proper logins have been provided and the account has been setup, however we cannot provide any guarantees on time. We will always work as fast as we can, keep you updated throughout, but it is recommended to do migrations during off-peak hours to account for potential issues with the previous host as well as propagation of the DNS (domain name servers).
SetMySite offers our free migration service under a best-faith effort policy, and while we have successfully completed many thousands of seamless migrations of all shapes and sizes, SetMySite does not make any guarantees or take on any liability with potential issues that may arise. It is your responsibility to keep backups, stay involved in the migration, ask questions, and fully test the website or application before and after. If any issues are found SetMySite will work to resolve them under the best-faith effort policy, but will not make any guarantees of any kind. While we do perform double and triple checks, it is ultimately your responsibility to confirm everything has been migrated properly.
3. General Content And Behavior
All of the hosting services provided by SetMySite will only be used for lawful and moral purposes. All SetMySite Hosting clients agree to indemnify and hold SetMySite harmless from any claims ensuing from the use of our services.
Some examples of unacceptable applications of our service can consist of but are not limited to:
- Hosting Video or Music files of which no proof of ownership is available
- Internet Relay Chat (IRC) Bots
- Illegal adult oriented material
- Warez (torrents, cracks, serial keys, etc) type websites
- Proxy scripts
- Any hateful material whether racial, religious or otherwise
- Any sort of password sharing or hack themed website
- Hosting pirated software
3.I Distribution of Mischievous Code Or Programs
Distribution of software to any extent that attempts to and/or successfully causes damage, aggravation, or annoyance to any individual, data set or technical device are absolutely forbidden. Examples of such mischievous code or programs can consist of but are not limited to; Trojan horses, computer viruses and internet worms. Any evidence of such an offense having occurred or continues to occur will result in immediate termination of the account in addition to the termination of any associated services. If applicable the proper authorities will be notified.
3.II Copyright Violations
Violating copyrighted, patented or trademarked works through reproduction and/or distribution will not be tolerated. It is not acceptable to use a SetMySite Hosting service to convey any form of the material that violates a copyright, trademark, patent, trade secret, intellectual property right or other right of any third party. These violations can consist of but are not limited to the illicit replication of copyrighted material, the digitization and/or distribution of photographs from print sources as well the illicit transfer of copyrighted programs. SetMySite Hosting operates within the guidelines of the Digital Millennium Copyright Act (DMCA) when handling infractions and will respond to all accusations that are formatted in accordance with the DMCA
3.III File Hosting
File storage or file hosting of any kind is forbidden across all SetMySite Hosting services. Under no circumstance may our clients use their SetMySite Hosting service as file storage and/or a download warehouse. This does not mean that downloads are a direct violation of the SetMySite Hosting (SMSHTOS), it does however mean that your SetMySite Hosting service(s) cannot drive a website that focuses primarily on downloads. Additionally you may not use your SetMySite Hosting service as a storage warehouse for games, videos, music files or backups. Any SetMySite Hosting service may not surpass 10% of space or bandwidth in games, videos, music files or backups. These values are only adjustable by SetMySite staff.
3.IV Adult Oriented Websites
While no pornography is permitted, adult oriented websites and applications are under the condition they are mutually legal within the laws of the USA and the state of Illinois. SetMySite will be the sole arbiter as to what constitutes a violation of this provision.
4. Payment Information
You understand that in order for SetMySite to process your payments in a timely manner and ensure your service remains uninterrupted it is necessary to have accurate and up to date payment information on file. Additionally by agreeing to the SetMySite Hosting (SMSHTOS) you agree to supply appropriate payment for the services received from SetMySite Hosting in an advanced arrangement for the time period during which such services are received. You also agree that unless you notify SetMySite a minimum of seven (7) days prior to the completion of your billing period of your desire to revoke any or all services received, those services will continue to be billed on a recurring basis.
5. Data Loss And Backup
Your use of any of SetMySite Hosting service is done so at your own risk. SetMySite Hosting under no circumstance is responsible or can be held liable for any data held on SetMySite servers. SetMySite makes an attempt at mitigating potential data loss by keeping regular backups for shared, VPS and hybrid accounts, however it remains impossible for SetMySite Hosting to guarantee an appropriate backup will always be obtainable. You agree to take full responsibility for any and all data transferred to and from SetMySite Hosting servers and to preserve suitable backups of said data. Realizing the importance of data backups, SetMySite Hosting offers 20GB of free R1Soft backups on all shared, VPS and hybrid accounts. SetMySite does perform daily backups, each kept for 7 days.
5.I Unique Circumstances And Emergencies
We reserve the right to take any practical and proactive steps that SetMySite deem necessary to maintain the integrity, security, performance and connectivity of our network and hardware. This includes but is by no means limited to actions requiring SetMySite to shut down the SetMySite Hosting network, hardware, eliminate clients, as well as deactivate or manipulate the content of certain websites or applications. In unexpected circumstances SetMySite may require a complete deletion of a certain website, e-mail and/or account because of an exploit or abusive behavior. In these situations SetMySite will make a best-effort to have backups on hand.
5.II Termination of Data
In an effort to maintain an enhanced level of privacy and security, all data from terminated and cancelled services and accounts should be considered instantly deleted and flushed from the SetMySite Hosting servers. This also includes any and/or all of the available backups. As part of your responsibility in preserving your data, please ensure to backup all of your data before canceling your SetMySite Hosting account. In certain circumstances the deletion and flush may not be instantaneous.
5.III SetMySite Hosting Account Security
Mistreatment or abuse of your SetMySite Hosting account is your sole responsibility. This includes activity on your SetMySite Hosting account by family, friends, guests, fellow employees or anyone else that may act on your behalf, with or without you knowing. Therefore it is necessary for you to take precautions against others gaining unapproved access to your account. Additionally, you may not use your SetMySite Hosting account maliciously to breach the security of another SetMySite Hosting account or attempt to gain access to another network or server, SetMySite Hosting or otherwise.
Your assigned or chosen password provides immediate and unrestricted access to your SetMySite Hosting account and all related services. It is your sole responsibility to maintain a secure password at all times. SetMySite Hosting under no circumstance will be held liable for any mistreatment or abuse of your SetMySite Hosting account. Take precautions from others knowing your password as you will be held entirely responsible.
Any SetMySite Hosting client who infringes on the security of SetMySite or another client will be forwarded to the appropriate authorities. SetMySite will fully cooperate with law enforcement in any investigation.
6. Email Policy And Spam
SetMySite chooses to host email for its clients at its sole discretion. SetMySite does not publicly advertise email hosting services, nor does it recommend hosting email on the SetMySite Hosting servers.
Having personal e-mail accounts ourselves, we know what it’s like to receive our fair share of spam. For this reason, SetMySite strong arms all unsolicited e-mailing, bulk emailing, and spam in general. Furthermore, applications such as safe lists and double opt-ins will be considered spam. Any SetMySite Hosting account that shows evidence of directly or indirectly aiding in or sending out spam will result in the client’s accounts and services being immediately terminated with or without notice.
Depending on the severity of the spam, SetMySite Hosting may issue a cleanup fee. In this case the SetMySite Hosting account responsible for aiding in or issuing the spam will be charged a fee based on damages.
SetMySite Shared Hosting services are capped at 500 emails per hour, exceeding this limit will bounce back to the sender. If for any reason you require more than 500 e-mails per hour as some legitimate mailing lists may, please open a support ticket with your reasoning.
There are no limits on VPS, Hybrid or dedicated emails, however these services cannot be used purely as mail servers and will be monitored regularly.
SetMySite reserves the right to delete, disable or change any website, application, database, SetMySite Hosting account or any component under SetMySite’s control that does not completely comply with this policy. In certain situations SetMySite may need to act urgently, in this case SetMySite reserves the right to do so with or without notice.
6.I Usenet (Newsgroup, Articles, Messages, etc.) Spam
Usenet spam can consist of but is not limited to posting messages, articles or ads which violate regulations, charters or rules of a newsgroup or mailing list. With this in mind, any messages that are suitable under the rules and regulations of a newsgroup or mailing list, providing they do not violate the SetMySite Hosting TOS are permitted.
7. Refund, Guarantee And Cancellation Policy
SetMySite offers no refunds for Domain, Backup, Shared Hosting, VPS Hosting, Dedicated Hosting, or Collocation Services.
SetMySite offers no guarantees of any kind for Domain, Backup, Shared Hosting, VPS Hosting, Dedicated Hosting or Collocation services.
SetMySite offers Hosting Services on a month-to-month basis. SetMySite may offer Hosting Services under an annual, semiannual, or quarterly basis at its discretion. SetMySite may generate custom payment plans for Hosting plans at its discretion.
If you wish to cancel any of your SetMySite Hosting services you may do so providing you give seven (7) days’ notice prior to your next billing cycle. You may request cancellation by emailing your account manager or calling SetMySite’s general line. SetMySite may require you to fill out an official cancellation of services form at its discretion.
You may have signed up for a SetMySite Hosting Service under an annual, semiannual, quarterly or monthly plan. When cancelling your service, your SetMySite Hosting account will remain active until your billing period ends. After which your cancelled SetMySite Hosting service will be terminated unless you renew your SetMySite Hosting account prior to the billing term expiring or you have specified otherwise.
SetMySite will treat all data of terminated accounts exactly as outlined in the above section 5.II.
We do not prorate for unused time.
7.I Cancellation Due to Non Payment
Any SetMySite Hosting account that has unpaid invoices more than ten (10) days old may be terminated at any time with or without notice. SetMySite will treat all data of terminated accounts exactly as outlined in the above section 5.II.
8. Domain Names
SetMySite does not offer domain name registration services but does offer Domain Name Monitoring and Domain Name Protection Plans. These services are subject to the SetMySite Hosting Terms of Service (SMSHTOS).
9. Search Engine Optimization (SEO) And Submission
SetMySite offers no search engine submission or optimization services as part of its Hosting services. If you wish to have your website submitted or optimized you must purchase Search Engine Optimization services from SetMySite or a 3rd party marketing service provider.
10. Service Refusal
SetMySite reserves the right to completely refuse or refuse any amount of service or services to any client under the sole discretion of SetMySite. Additionally SetMySite completely reserves the right to suspend, cancel or terminate any account at any time SetMySite sees fit. SetMySite will treat all data associated with the termination of an account as outlined in the above section 5.II.
11. Resource Usage Limitations
Please realize that these policies are in place to protect our clients (you) from poor service. Typically, if SetMySite has to impose a restriction on an account for resource usage, that account is already in violation of several aspects of the SMSHTOS, and not just these usage policies. Most clients who fall into this realm affect at least two of these policies, and if left unchecked would begin adversely affecting other clients on their server. The overwhelming majority of sites, upwards of 99%, will never have to take these limits into consideration. That being said, it is important they are in place and it is important you are aware of them.
SetMySite uses what is called soft limits to enforce most of these limitations. These limits do not “kill” your service when reached, but rather set off a series of notifications in motion to notify the SetMySite Hosting Team of potential issues. Many clients will find that they can exceed many or even most without receiving a notice from SetMySite. However, when a single account starts to affect the performance of an entire server, it is then necessary to have these limits in place. SetMySite has been known to give extensive leeway to folks who need it, providing them time to work with SetMySite to reduce the overall load or if not possible, enter discussions for a potential upgrade. With SetMySite’s highly optimized servers it is rare SetMySite ever has to suspend a client for abuse. Under the SMSHTOS, SetMySite reserves the right to do so if server abuse is excessive.
While SetMySite Hosting VPS, Hybrid and Dedicated services are limited only by the physical resources in the selected plan, shared services have a few more limitations.
- 1 Full CPU Core which equates to ~3.4Ghz
- 1GB of physical memory
- 50 Concurrent Processes
- 10MB/s disk I/O
- 2GB of an account’s website backup data to be stored within the same account
- Each database is restricted to 2 GB of disk space
12. Price Change
SetMySite reserves the right to change the prices and plans listed throughout the SetMySite website in addition to the resources allocated to each of the SetMySite Hosting plans at its own discretion. Further, SetMySite Hosting has the right to end and/or refuse any promotional codes for any reason.
13. Auto Billing (Recurring)
For convenience and to prevent an interruption in service, SetMySite has employed a recurring billing cycle on a monthly basis.
14. Bandwidth Usage
When purchasing you selected a monthly bandwidth allowance based on the package chosen. As your monthly bandwidth limit approaches an e-mail will be sent to the contact address on file, it is your sole responsibility to be aware of such limitations and will not hold SetMySite liable for any downtime experienced from account suspensions due to bandwidth overages. If overages are experienced or projected for a certain month, all SetMySite clientele have the option to upgrade to a larger plan, pay $0.50 per GB or simply wait until the following month. Bandwidth usage is measured on a monthly basis coinciding with Client’s billing cycle.
15. Responsibilities And Expected Knowledge
By the use of any SetMySite Hosting service a certain level of knowledge is assumed on topics consisting of but are not limited to; internet languages, slang, jargon, terminology, protocols, name servers (DNS), website development and software. While knowledge levels differ greatly, the SetMySite client agrees that either (1) they possess the necessary knowledge to create their own website with the desired content, look and functionality (2) they subscribe to one of SetMySite’s website design plans, subscribe to one of SetMySite’s webmaster or website management plans, or purchase a SetMySite website design service (3) they have employed a 3rd party to handle their website design and development needs. The customer agrees that it is not the responsibility for SetMySite Hosting Team to provide this knowledge to help create, design, program or publishing of a client’s website.
16. Root And SSH Access
Jailed SSH access is available to all shared clients, but not by default. Please contact your account manager directly to request access. VPS, hybrid and dedicated clients will have root SSH access to their respective servers by default and included in their welcome emails.
SetMySite under no circumstance will be responsible for damages of any kind that your business may suffer. SetMySite makes no warranties of any kind, expressed or implied for services we provide other than the aforementioned guarantees mentioned within this document. SetMySite disclaims any warranty or merchantability or fitness for a particular purpose. This includes but is not limited to, loss of data resulting from delays, non-deliveries, hardware and software failures, hacking, sabotage, terrorist attacks, network issues, wrong delivery and any and all service interruptions caused by SetMySite Hosting, SetMySite’s employees or otherwise.
Customer agrees that it shall defend, indemnify, save and hold SetMySite harmless from any and all demands, liabilities, losses, costs and claims, including any and all attorney fees asserted against SetMySite, 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 SetMySite against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with SetMySite; (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 a SetMySite Hosting server.
IF LAWSUIT(S) ARE THREATENED AGAINST SetMySite; If SetMySite is sued or threatened with a lawsuit in connection with SetMySite Hosting service(s) provided, we may turn to you to indemnify us and to hold us harmless from the claims and expenses which include but are not limited to attorney fees and other court costs. Under these circumstances you agree that you will upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate our services for a failure to make or renew such a deposit. We will return any unused deposit one year from the conclusion of the matter.
18. Potential Changes to the SetMySite Hosting Terms of Service (SMSHTOS)
SetMySite reserves the right to alter, revise, update and change in the SetMySite Hosting Terms of Service (SMSHTOS) in anyway without notice at any time under SetMySite’s sole discretion and can apply any and all changes and updates retroactively.
As a Good Faith Reminder And Brief Summary to Our SetMySite Hosting Clientele
THE CONTINUED USE OF THE SETMYSITE HOSTING SERVICES AND/OR PRODUCTS CONSTITUTES THE IMPLIED CONFORMITY WITH THE SETMYSITE HOSTING TERMS OF SERVICE (SMSHTOS) IN ITS ENTIRETY. BY USING THE SERVICES, THE CLIENT (YOU) AGREE TO BE BOUND BY ALL TERMS ASSOCIATED WITH SAID SERVICES, INCLUDING THIS AGREEMENT.
THE CLIENT’S (YOUR) ONLY RECOURSE IN THE EVENT OF A DISAGREEMENT IS TO TERMINATE THIS CONTRACT AND SERVICE IMMEDIATELY AS DISCUSSED WITHIN THIS AGREEMENT.