Hosting Terms of Service

All Hosting and Email services provided by CTCDesign are subject to the following terms and conditions.

Client agrees to pay for hosting services rendered in advance of each yearly service term.
Client understands that all domain purchases are non-refundable.
Non-Payment of services shall result in a 15-day notice of disconnection. All payment failures must be cured within 15 days of notice. Clients failing to secure payment within 15 days of notice will incur service interruption.
CTCDesign reserves the right to terminate service immediately to any subscriber for violations of any Terms of Service.

Prohibited Content

Clients shall not allow the posting, transmission, or storage of data and content on or through the services which, in CTCDesign’s sole determination, constitutes a violation of any relevant law, regulation, ordinance, or court order. Clients shall be responsible for determining what laws or regulations are applicable to their use of the services. Prohibited content includes, without limitation, (a) content or code that facilitate any violation of, or describe ways to violate, this ToS or (b) “harvested” addresses or information, (c) “phishing” web sites, (d) “link farms”, or (e) “spamvertising” sites.

System and Network Security

Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. CTCDesign investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:
1. Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses, key loggers, and other executables intended to inflict harm).
2. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the client is not an intended recipient or logging into a server or account that the client is not expressly authorized to access. For purposes of this section, “disruption” includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
3. Executing any form of network activity that will intercept data not intended for the client’s server.
4. Circumventing user authentication or security of any host, network or account, including â€œcracking.â€
5. Interfering with or denying service to any user, host, or network other than the client’s host (example: denial of service attack or distributed denial of service attack).
6. Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers (â€œspoofingâ€) or other identification information.
7. Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user’s terminal session, via any means, locally or via the Internet.
8. Running an openly accessible proxy of any kind.

Email Policy

Mass Mailings: Email is restricted to 200 emails per person per day or 500 emails per domain per day whichever is greater. If you require more than this, a formal request to CTCDesign in writing is required and will be handled on a case by case basis.
CTCDesign has a zero stance policy on SPAM, Junk E-mail or UCE. All hosting and email accounts will be suspended if a mass mailing is detected by the server.
If your actions have caused CTCDesign mail servers or CTCDesign IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $100 charge to your account and $25 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

Violation of the above terms will result in one or all of the following:

A warning from via email or phone.
Removal of DNS for the advertised / originating site.
Immediate disconnection of service with no re-activation.
$100 fee assessed to your account for violation.

Copyright Infringement

CTCDesign hosting accounts may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Creating, utilizing, or distributing unauthorized copies of software are a violation of federal and state law. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. CTCDesign will cooperate with all law enforcement agencies in regards to alleged copyright infringement housed in our data centers.

Server Resources

Should your account utilize an excessive amount of server resources (including, but not limited to, CPU processing time, memory usage and network resources) for a sustained period of time, CTCDesign reserves the right to request that you either upgrade your web hosting service package or reduce your account’s use of resources to an acceptable level. CTCDesign will be the sole arbiter of what is considered to be an excessive amount of server resources. CTCDesign reserves the right to suspend or shut down any web hosting account deemed to adversely affect server performance or network integrity.

Suspension and Cancellation

CTCDesign reserves the right to suspend service to any client for violation of the Terms of Service. CTCDesign will use reasonable care in notifying the client and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. CTCDesign reserves the right to terminate service without notice for continued and repeated violations of the ToS.

Service Level Agreement

CTCDesign endeavors to have network connectivity available for HTTP access by third parties 99% of each month (“Web Site Availability”). In the event that there is no Web Site Availability, CTCDesign will credit the monthly service charge for the Hosting Service at the rate of 5% for every 30 minutes past 99% availability in a given month, it is the clients responsibility to request this credit in writing. Credits shall not be provided in the event that there is no Web Site Availability resulting from (i) scheduled maintenance, (ii) client behavior or the performance or failure of client applications, or (iii) circumstances beyond CTCDesign’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation). CTCDesign is not responsible for any additional loss and/or damage as a result of no Web Site Availability.

Data Backups

While CTCDesign attempts to keep regular backups of data stored on our systems, CTCDesign does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, the client is responsible for making backups of data. CTCDesign does not guarantee that its backup procedures will prevent the loss of, alteration of, or improper access to our clients’ information. Mysql Backups are the sole responsibility of the client.

Late Payment

Payment for hosting services are due within 45 days of invoice date. After 45 days a 15% or $15 (whichever is greater) late charge will be applied. After 60 days all account activity including hosting and email accounts will be suspended. After 90 days the account will be considered abandoned and all account files removed from CTCDesign servers.

Email Account Billing

Email accounts in excess of the 5 free accounts included with each hosting account will be billed at the highest number of active email accounts in the previous year.

Indemnification

Client agrees that it shall defend, indemnify, save and hold CTCDesign harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against CTCDesign, its agents, its clients, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, its agents, employees or assigns.
Client agrees to defend, indemnify and hold harmless CTCDesign against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with CTCDesign’s service, any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement, or any defective product which client sold on CTCDesign’s service.

Acceptance

Please note that by submitting payment for our Hosting and Email services you are agreeing to all of our terms of service as written here. CTCDesign reserves the right to change or update these terms at any time without prior notice.