Terms of Service

This is an agreement (“Agreement”). Please read this Agreement carefully. By purchasing and/or using Critihost’s products and services (the “Service”) described and offered on and throughout http://www.critihost.com (our “Website”), you are agreeing to the terms of this Agreement. You are also agreeing to the terms of our Privacy Policy.

 

In this Agreement, when we say “you,” “your,” and “Customer”, we mean the owner of the Critihost Account and the person or entity utilizing the Service. When we say “we,” “our,” “us,” “Provider” and “Critihost”, we mean Critihost, LLC.

 

There may be other agreements that govern our relationship besides this one. This Agreement is maintained independently of any other agreement(s) between us and you, even if we are engaged in other service agreements or arrangements such as professional services, software development, or web development. The following policies, agreements and supplements are incorporated into this Agreement by reference: Affiliate Center Terms and Conditions. We may also offer or provide services from time to time through third parties that are governed by the terms and conditions of the respective service providers. Those terms and conditions are either referenced in this Agreement, below, or will be made available to you at the time of your purchase of the particular service. By using that service, you agree to be further bound by any rules that are applicable to Critihost with respect to those service providers.

 

This Agreement may only be modified or supplemented by Critihost, and we reserve our right to amend or supplement this Agreement at any time, at our discretion. When we change it or supplement it, we will do our best to provide you notice and point out what is different or new. We may also post rules and guidelines applicable to specific products or services to the various areas of our Website that describe them. You are responsible for reviewing this Agreement and our Website for any rules or guidelines applicable to specific areas of our Website and any amendments or supplements to this Agreement, change in our rates or change to the Service (“Changes”). If at any time, you do not agree to the terms of this Agreement or any of the policies on our Website, please discontinue use of the Service immediately and close your account(s). We’d hate to see you go, but no hard feelings. Your continued use of the Service after Critihost’sposting of any Changes constitutes your acceptance and agreement with the Changes and all Changes shall supersede any previous agreement between you and Critihost. Notice of any Changes shall be considered given and effective on the date that we update our Website with said Changes. You must periodically review this Agreement to ensure you know of any changes.

 

DEFINITIONS

 

For the purposes of this Agreement, the following definitions apply and any undefined terms have the meaning ascribed to them in the context in which they are used in this Agreement:

 

“Service” collectively refers to all of the products and services Critihost offers and provides, including, but not limited to the installation, maintenance and repair of one or more shared or physical computers for use by customers. For more information on Service, please visit our Website.

“Network Transfer” refers to the finite amount of Provider’s network transfer (bandwidth) capability for use by Customer using the Service requested by Customer.

“Content” refers to any materials, including, but not limited to code, text, links, images, photographs, messages, graphics, music, sounds, video, files, data, software, applications and any other materials Customer may store on or about the Service or Critihost Account.

“Critihost Account” refers to your account with us that contains the Service you subscribe to.

“Account Owner” refers to the person identified in Critihost’s records as the owner of the Critihost Account.

“Account Contact” refers to any person the Account Owner has added to the Critihost Account for the purposes of accessing and managing the Critihost Account, or aspects of the Critihost Account.

“Work Order” refers to the order for Premium Service ordered by Customer through our Website or telephone ordering system and is defined by the specified hours, with a minimum displayed for each you select.

“Peripherals” refers to any service or product you may use in conjunction with or alongside the Service.

“Client Center” refers to the Critihost managed website located at critihost.com/client/. The Client Center is the online interface through which Customer may manage the Critihost Account and perform various administrative functions, including, but not limited to, adding services, closing services, making payments, updating the Payment Method or contact information, and accessing services.

“Request to Close” refers to the formal request made by the Account Owner in the Client Center to close a Service or the Critihost Account.

“Support Request” is a written communication exchanged by and between Critihost and you and/or your Account Contact, through the Client Center. If Critihost initiates the Support Request, a copy may be emailed to the email address on file; in addition, a copy may be stored in the Client Center for future reference.

“Add-ons” refer to supplemental services Critihost may provide such as additional disk space, SSL certificates, additional IP addresses, Snapshot Backups, and the like.

  1. REGISTRATION & ACCOUNT OWNERSHIP

1)     Registration Information.

When you sign-up for a Critihost Account or add any Account Contact to the Critihost Account (together, “Register”), you will be required to provide the data required in our registration forms (“Registration Data”). The Registration Data may include, but is not limited to, your or any of your Account Contacts full legal name, company name, telephone number, email addresses, and mailing address. When you provide the Registration Data, you represent that: (i) the information you are providing is true, accurate, current and complete; (ii) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (iii) you and all Account Contacts are over the age of 18 and are of the legal age in your country required for entering into contractual obligations, such as this Agreement; (iv) if you are Registering on behalf of a corporation or company, you are fully authorized to enter into and bind the corporation or company to all of the terms of this Agreement; and (v) your use of the Service will not violate any applicable laws. You may update the Registration Data in the Client Center only. Unless pursuant to any section herein, in no event will Critihost update, edit or otherwise modify the Registration Data. If we discover, are made aware of, or have reasonable suspicion to believe that any of the Registration Data is untrue, inaccurate, not current or incomplete, in our sole discretion, we may suspend or close the Critihost Account, with immediate effect and without prior notice, and refuse all current or future use of the Service by you and your Account Contacts.

When you Register, we recommend that you provide us with two email addresses at which we can reach you. At least one of the email addresses should be an email address that is independent of the Service and not hosted by Critihost. If you don’t provide us with two email addresses (at least one of which is independent of the Service and not hosted by Critihost), you may not receive important Communications we may send to you regarding your Critihost Account, such as those related to account closure, suspension and the like. We rely on you to monitor your email, and you agree that we may communicate important information to you using the email address you’ve provided to us.

 

2)     Account Ownership

 

a.The highest authority of a single specific Critihost Account is the Account Owner. The Account Owner is appointed during the registration process, on the initial order form on our Website. Once the Account Owner appointment has been made, it may not be changed unless by Critihost pursuant to Section (A)(3) of this Agreement. We strongly recommend that the person appointed as Account Owner be someone that owns the domain name(s) being hosted on the Critihost Account. We do not recommend that an employee, contractor or other transient person or party be the owner of the Critihost Account, as that has the potential to result in a dispute over ownership between the parties if/when the parties sever ties. In those cases, we may not be able to assist the other party with accessing the Critihost Account without a U.S. court order so mandating. In situations in which account ownership is disputed, Critihost reserves the right, in its sole discretion, to suspend or close the Critihost Account in question. The Account Owner is responsible for and agrees to assume all liability for: (i) management of the Critihost Account, Service and all Content associated with the Critihost Account; (ii) any and all claims or complaints served upon Critihost in reference to the Content; (iii) any and all activity that occurs under or is otherwise associated with the Critihost Account; (iv) the actions of all Account Contacts; and (v) payment of all monies owing on the Critihost Account.

 

b.The Account Owner name (i.e. the first and last name), as well as the names of any Account Contacts, must be that of a living person, whose legal name is the first and last name provided to Critihost. Additional information and documentation may be required, and may be requested at any time. Critihost may, without having any obligation to do so, require certain proof of (i) the identity of the Account Owner and/or any Account Contact; and (ii) any of the Registration Data, including, but not limited to, requiring proof of address and verification of email address. Use of business, organization or company names for the Account Owner or an Account Contact name on a Non-Corporate account is prohibited and constitutes a breach of this Agreement. In the event of any such breach of this Agreement, the Critihost Account may be suspended until you have either properly had the account designated as a Corporate account, or requested a transfer of the account to the legal first and last name of a living person. If you fail to do so within the time frame specified in our Communications regarding the breach, the Critihost Account may be closed without prior or further notice.

 

  1. In the future, Critihost may permit company ownership of Critihost Accounts. At this time, however, we do not. If/when we permit company ownership of Critihost Accounts, additional information and documentation will be required, and may be requested at any time. In such case, Critihost may, without having any obligation to do so, require proof of (i) the corporation’s name and corporate status and/or (ii) any of the Registration Data, including, but not limited to, requiring a copy of the corporation’s government-stamped articles of incorporation, proof of address and verification of email address. Critihost reserves the right to deny any request to designate a company as Account Owner, for any reason or no reason, at any time.

 

d.Account Contacts have full access to the Critihost Account, including, but not limited to billing information, payment history, billing statements and Support Requests. Account Contacts also have access to the Service and may modify Client Center and Service controls (including passwords) or make support related inquiries on behalf of the Critihost Account. Some Account Contacts may add a Service to the Critihost Account at any time. Account Contacts may not close or reopen a Critihost Account or Service.

 

3)     Account Ownership Transfers

 

a.Requests to transfer ownership of a Critihost Account from one person to another fall under one of three classes: Type A transfers, which are those account ownership transfer requests initiated by the Account Owner; Type B transfers, which are those account ownership transfer requests initiated by someone other than the Account Owner; or Type C transfers, which are those account ownership transfer requests initiated by the beneficiary, lawful heir, Power of Attorney, or Executor of a deceased Account Owner’s estate. Critihost reserves the right, in its sole discretion, to approve or deny any request to transfer ownership of a Critihost Account, at any time, for any reason or no reason.

  • In the case of Type A transfers:In the case of Type A account ownership transfer requests, if all of the requirements set out on the transfer form are satisfied, we may proceed with the transfer of ownership as requested, without prior or further notice. In such case (i) all rights and obligations granted to the former Account Owner under this Agreement shall immediately cease and be transferred to the new Account Owner and (ii) Critihost will remove the former Account Owner’s Registration Data and replace it with the Registration Data provided by the new Account Owner on the transfer form, and if applicable, Critihost may also remove the former Account Owner’s Payment Method. Critihost will not remove, modify or otherwise change any other facet of the Critihost Account or the Service; the new Account Owner is solely responsible for doing so. Before any approved transfer of ownership can be completed, Critihost must receive full payment of any balance owing on the Critihost Account as of the approval date. An approved transfer of ownership only affects ownership and control of the Critihost Account, and not any Peripherals. Please allow 1-3 business days for review and consideration of the request; this time frame may be longer depending on the particulars of the request and the volume of requests received.

 

  • In the case of Type B transfers:In the case of Type B account ownership transfer requests, if all of the requirements set out on the transfer form are satisfied, we may make a good-faith attempt to reach the current Account Owner to allow him/her the opportunity to approve or deny the request. Our good-faith attempt may be conducted via telephone, email, Support Request or all three. If we are unable to reach the current Account Owner, for whatever reason, or if we do not receive a response to any of the Communications we may have sent concerning the request, we may proceed with the transfer of ownership as requested, without prior or further notice. In such case (i) all rights and obligations granted to the former Account Owner under this Agreement shall immediately cease and be transferred to the new Account Owner and (ii) Critihost will remove the former Account Owner’s Registration Data and replace it with the Registration Data provided by the new Account Owner on the transfer form, and if applicable, Critihost may also remove the former Account Owner’s Payment Method. Critihost will not remove, modify or otherwise change any other facet of the Critihost Account or the Service; the new Account Owner is solely responsible for doing so. Before any approved transfer of ownership can be completed, Critihost must receive full payment of any balance owing on the Critihost Account as of the approval date. An approved transfer of ownership only affects ownership and control of the Critihost Account, and not any Peripherals. Please allow three to five business days for review and consideration of the request; this time frame may be longer depending on the particulars of the request and the volume of requests received.

 

  • In the case of Type C transfers:In the case of Type C account ownership transfer requests, if all of the requirements set out on the transfer form are satisfied, we may proceed with the transfer of ownership as requested. In such case (i) all rights and obligations granted to the former Account Owner under this Agreement shall immediately cease and be transferred to the new Account Owner and (ii) Critihost will remove the former Account Owner’s Registration Data and replace it with the Registration Data provided by the new Account Owner on the transfer form, and if applicable, Critihost may also remove the former Account Owner’s Payment Method. Critihost will not remove, modify or otherwise change any other facet of the Critihost Account or the Service; the new Account Owner is solely responsible for doing so. Before any approved transfer of ownership can be completed, Critihost must receive full payment of any balance owing on the Critihost Account as of the approval date. An approved transfer of ownership only affects ownership and control of the Critihost Account, and not any Peripherals. Please allow 1-3 business days for review and consideration of the request; this time frame may be greater depending on the particulars of the request and the volume of requests received.

 

b.Upon any request to transfer ownership of the Critihost Account from one person to another, we will notify the then current Account Owner (as shown in our records) of the request by sending a Communication regarding the request. That Communication may include, but is not limited to, (i) information as to the type of transfer request received; and (ii) the name and contact information of the person requesting ownership of the Critihost Account.

 

  1. SUPPORT

1)     Channels of Support

We offer a variety of channels through which you can reach us for support to help you utilize the Service. We may be reached through the following channels (“Channels of Support”): Online Chat, Email Support Request, Facebook and Twitter. Response times may vary. Not all Channels of Support are available at all times. All inquiries are handled in the order in which they were received. Critihost does not guarantee the availability or accessibility of all of the Channels of Support. We reserve the right, in our sole discretion, to change, replace or entirely cease offering support through any one or all of the Channels of Support, at any time, for any reason or no reason, and without prior notice.

Critihost takes account security very seriously. This is why Critihost cannot provide account-specific information or assistance to any persons other than the verified Account Owner and Account Contact(s). Account-specific information is considered any nonpublic information about the Critihost Account, which may include, but is not limited to, Account Owner name or contact information, billing or payment information, balance owed, length of service, or types of Service being used. We are unable to offer account-specific information or assistance via Twitter or Facebook. Any person other than the Account Owner or an Account Contact that contacts us seeking account-specific information or assistance will be informed that they are not listed in our records and that we cannot provide the account-specific information or assistance being sought, regardless of any purported relationship such person may claim to have with the Account Owner or an Account Contact. Notwithstanding the foregoing, even if a person represents him/herself to be the Account Owner or an Account Contact, before we will provide any account-specific information or assistance to such person, he/she will be required to validate that he/she is the person he/she is representing him/herself to be, by providing a valid Security Answer or the Client Center password of the person he/she is representing him/herself to be (“Authenticate”). If such person is unable to Authenticate, for whatever reason, we will be unable to provide any account-specific information or assistance. We can’t make exceptions to this policy, so please don’t ask. However, we are entitled to rely on the authentication information provided by individuals who contact us and successfully Authenticate into the Critihost Account.

 

2)     Statement of Support

 

a.We’ll provide the hosting environment, but it’s up to you to maintain that hosting environment and the website you host in it. Critihost has no obligation, whatsoever, to provide support outside of that defined as supported, as set forth in this Agreement. Any support we provide that falls outside the scope of our support is provided completely as a courtesy, without obligation or liability. In no event should you rely upon or expect such assistance in the future. The chart below provides a general overview of the scope and limitation of our support. As we add, change and remove products and services from our offerings, the below list will change.

  • Supported
  • Client Center and its features
  • Accessibility of cPanel and its features
  • Function of cPanel features
  • FTP and SSH performance and uptime where applicable
  • Network performance and uptime
  • Hosting hardware provided by Critihost and installed in our data centers
  • Security patches and updates for all managed services
  • MySQL access and functionality
  • IMAP, SMTP, POP3 and webmail access
  • cPanel assistance and guidance
  • Knowledgebase update
  • Operating system and core software security updates and patches on managed services.
  • Not Supported
  • Any script, application, software or client installed by the Customer
  • cPanel plugins and addons
  • Installable applications in the Softaculous application installer
  • Any customizations to the environment
  • Third party SSL certificates
  • Email client configuration
  • FTP client configuration
  • Content and data backups
  • Third party domain registrations
  • Private name servers
  • Cross browser compatibility
  • Hacks including but not limited to those due to customer controlled instances such as but not limited to outdated or insecure software.

b.As a courtesy, we maintain a database (“the KnowledgeBase”) of articles and guides that contain information that may prove useful to you. We make no guarantee, whatsoever, as to the feasibility, accurateness, completeness or helpfulness of any of the information available in the KnowledgeBase. Your use of any of the information in the KnowledgeBase is completely at your own risk.

It is recommended that you backup your Content before attempting to use any of the information in the KnowledgeBase. In no event shall Critihost be held liable to you or any other person or party for any loss incurred in connection with use of the information in the KnowledgeBase. If you contribute to the KnowledgeBase, we own that contribution.

 

3)     Abuse of Support

We pride ourselves on being able to provide customer support through a variety of channels, but we love our employees too and we have to be able to provide support to all of our customers. So, we maintain a zero-tolerance policy with regards to abuse of our support system. Abuse of our support system may include, but is not limited to, engaging in any threatening, abusive, offensive, defaming, harmful, profane, harassing, or unreasonably excessive communication (whether written or oral) with Critihost via the Channels of Support or elsewhere in the world. Any abuse of our support system, whether originating from the Account Owner or any Account Contact, shall constitute a breach of this Agreement and the Critihost Account will be subject to closure with immediate effect and without prior notice.

 

  1. ACCEPTABLE USE POLICY

 

1)     Restrictions on Use

 

a.You agree to use the Service for lawful purposes only. The laws of the State of Maryland, and the United States of America apply to this Agreement and your use of the Service. In the interest of maintaining a functional, high-class, professional service, we have a few other conditions for users of our Service. While some of these conditions may seem harsh, please understand that they are necessary given the ever-evolving nature of the World Wide Web.

 

b.The following represents a partial listing of activities that are prohibited when using the Service, any one of which has the potential to result in account or service suspension or closure without prior or further notice. Without limitation and in no particular order, the Service may NOT be used to host, display, post, propagate, upload, download, transmit, transfer, disseminate, distribute, reproduce, sell, link to nor facilitate access to:

Any Content or website that contains material that, in our judgment, is intended to promote illegal activities, is unlawful, threatening, obscene, abusive, harassing, defamatory, slanderous, libelous, hateful or that violates any section of this Agreement;

Any Content or website that contains private or confidential information, including, but not limited to, your or any other person’s or party’s credit card information, social security number or other national identity number, non-public telephone number, address or email address;

Any Content or website that, in our judgment, is child pornography, child erotica, indecently depicts children, or, that poses any harm or potential harm to any child;

Any Content or website that contains material that, in our judgment, is obscene or violent in nature;

Any Content or website that is designed or used to hack or break into remote systems;

Any Content or website that is setup to function as an open http proxy;

Any Content or website that is designed or used to commit or facilitate any “phishing” attack;

Any Content or website that contains any malware, including, but not limited to, software viruses, trojan horses, worms, time bombs or any other computer codes, files or programs designed to interrupt, destroy, impair or limit the functionality of any computer software, hardware, telecommunications equipment or other device or equipment;

Unsolicited or bulk email (SPAM), including, but not limited to, using the Service’s SMTP service or mail script to send out SPAM over our networks or other systems with a message referencing their website. SPAM is defined in paragraph (C)(3)(c). Our definition of SPAM is different than the CAN-SPAM Act, please read it;

“Snowshoe spamming” (which, generally, is an abusive technique used to send SPAM from a variety of IP addresses in an effort to spread out the SPAM load);

Any Content or website that is, in our judgment, designed to function as a farming bitcoin, bitorrenting, pirated software website or illegal or unlicensed software or ‘warez’ website;

Any Content or website that is, in our judgment, designed to function as a “Tor relay” service or website;

Any Content or website that contains URL shortener validation software;

Any Content or website that contains or facilitate access to any material that is prohibited by Critihost;

Any Content or website that contains content that infringes on any right of any person or party, including, but not limited to a person’s or party’s right to privacy or intellectual property rights;

Any Content or website that, in our judgment, is designed or used to exploit, extract or otherwise gather any content or information from any Critihost database, including, but not limited to, incorporating data from any Critihost database into any email or “white-pages” products or services, whether browser-based, based on proprietary client-site applications, web-based, or otherwise;

Any Content or website that, in our judgment, is designed or used to reverse engineer, hack into, invade or otherwise gain unauthorized access into any of our systems, communications devices or resources, or any other systems, communications devices or resources (including, but not limited to security probing activities or other attempts to evaluate the security integrity of a network or host system without permission);

Any Content or website that, in our judgment, is designed for, used to, operated as, or for purposes of topsites; IRC scripts/bots; IRCD (irc servers); proxy scripts/anonymizers; image hosting scripts (similar toPhotobucket 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 or bank debenture trading programs; high-yield interest programs (HYIP) or related sites; investment sites (e.g. FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme); sale of any controlled substance without prior proof of appropriate permits; prime banks programs; lottery/gambling sites; MUDs/RPGs/PBBGs; hacker focused sites/archives/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 (e.g. UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc); “tell a friend scripts”; anonymous or bulk SMS gateways; websites advertised via SPAM (“Spamvertised”); organization, entities or websites listed in the ROKSO database; PayDay loan sites (including any site related to PayDay loans, PayDay loan affiliate programs, etc); or mailer pro.

 

2)     Passwords

a.If you don’t keep your password safe, you might just get hacked. Don’t say we didn’t warn you. Notwithstanding any of the terms of this Agreement, you are required to and solely responsible for maintaining the confidentiality and security of the passwords used to access the Critihost Account, the Service and the Peripherals. Any and all activity that occur under your username and password will be considered done by you and you bear sole responsibility for that activity. Critihost shall not be liable for any loss or damage arising from or otherwise related to your failure to maintain control over access to your password or username, the Critihost Account, the Service or the Peripherals, whether due to your own negligence or for any other reason. As a rule-of-thumb, it’s best that you change all of your passwords periodically and at any time you think that the Critihost Account, the Service, any of the Peripherals or any of your other usernames or passwords have become compromised.

 

b.Passwords like “password1″and “love4god” are too common and are pretty easy to figure out. You are required to and solely responsible for employing industry standard best security practices, such as using secure passwords. If you use an unsecure password, the Critihost Account, the Service and/or the Peripherals are likely to be hacked or otherwise compromised, and you will be solely liable in any such case. Audits may be done to check for weak passwords. However, in no event should you rely on the performance of any possible audit by Critihost. If an audit is performed, and it is determined that your password is weak, your Critihost Account may be suspended or you may be given time to update your password to a more secure password.

 

  1. We may be able to help you recover is your Client Center password. In the event that you forget your Client Center password, there are two methods you may use to recover it. You may either use the “Forgot your password?” link at the login page on the login page of our Website, or complete the Profile Update Form found here. If you use the “Forgot your password?” link, we will send a password reset link to the primary email address we have on file for you. Be advised, before we send the password reset link, you’ll be required to provide us with the primary email address we have on file for you. If you do not have access to the primary email address we have on file for you, or if you do not know or remember the primary email address your only recourse for recovering your password will be to submit the Profile Update Form along with a copy of your valid government-issued photo identification. If your submission is incomplete, illegible or if you provide documentation that is expired or which we have reasonable suspicion to believe is a forgery, we may, in our sole discretion, reject your request, require additional documentation, or block all access to the Critihost Account or the Service.

 

3)     Additional Usage Restrictions

 

a.Any Content that, in our judgment, is questionable or that is found to breach any section of this Agreement, or any law to which Critihost is subject, to any degree, may be removed from our servers (or otherwise disabled), in our sole discretion, with or without notice and without obligation. The Critihost Account may also be suspended or closed in any such case.

 

b.You agree to use the Service in a manner that does not interfere with or otherwise disrupt service to other Critihost customers nor any of our systems. Critihost reserves the right to suspend or close the Critihost Account, without prior notice, if, in our judgment, such interference or disruption is determined by Critihost to exist. Some examples of such interference or disruption include, but are not limited to, some of the items listed in Section (C)(1)(b) and any Customer action that has caused Critihost mail servers or any of our IP ranges to be placed on any “black hole” list or any other mail filtering software systems used by companies on the internet.

 

  1. For our purposes, simply put, SPAM includes, but is not limited to, the sending of unsolicited bulk email, often in abundance. To be clear, we don’t allow spamming on any Service on our systems. To that end, please be advised that the following limits apply to the number of emails that can be sent through any Shared or reseller (web hosting) Hosting Account: 500 emails per hour. An excess of these limits is a breach of this Agreement and the Critihost Account is subject to suspension or closure, without prior notice.

 

d.You are not permitted to use any Critihost service as a remote storage server only.

 

e.Critihost does not permit excessive hosting service striping (“excessive striping”). For our purposes, excessive striping describes the condition where a customer attempts to use two or more Service, stored with duplicate Content, in order to collect an excessive allocation of overall bandwidth, disk space, entry processes, memory, cpu, or other resources for the purpose of avoiding overage fees on a single service plan. An excessive striping condition may also be achieved by closing Service before their resource limits are reached then opening a new Service with nearly identical Content to use its bundled resources. Content and resource striping is generally permitted only on load-balancer enabled products and products which feature consolidated bandwidth billing. Any other form of content striping will be considered excessive and may result in a service suspension or closure of the Critihost Account, without prior notice.

 

  1. You are not permitted to knowingly allow any other website or hosting server to link to Content stored on Critihost’s systems. At least 75% of any Content stored on Critihost’s systems must have associated HTML, PHP or similar files at the Service linking to the Content stored on that Service.

 

  1. Critihost and Critihost’s providers will remain the sole owners of all IP network addresses within Critihost’s network. You are not permitted to modify any TCP/IP configuration that will conflict with, or otherwise disrupt network service, by using configurations not allocated to you by Critihost. We will use our best efforts to maintain permanency of any allocated IP address, however Critihost reserves the right to change your underlying IP network address for any reason (including, but not limited to, for upgrades, security provisioning, or other network migration service), or for no reason at all, without notice. Any request for allocation of additional IP address(es) may be subject to justification. Justification requirements are subject to change. We reserve the right to reject any request for an additional IP address(es) based on insufficient justification or current IP address utilization.

 

h.If we detect repeated failed login attempts, we may, without obligation of any kind, ban network access from the source of those failed attempts, and you’ll have to contact us (possibly via a different network) to fix it.

 

  1. MySQL Resource Utilization refers to the amount of Critihost’s MySQL Server resources for use by application and MySQL code Customer is running inside any service. Depending on Customer utilization, Critihost may, at its sole discretion, limit, suspend or cancel access and/or recommend an upgrade path.

 

  1. Parallels® Plesk Panel and cPanel®. Your use of Plesk and cPanel requires acceptance of Plesk’s End User License Agreement, and cPanel’s End User License Agreement, which are hereby incorporated by reference.

 

  1. BILLING

 

1)     General Billing

 

a.We offer 5 billing term options (each a “Billing Term”): Monthly prepaid, quarterly prepaid, half-year prepaid, 1-year prepaid and 3-year prepaid. If you opt for annual billing terms, generally, we will bill you the base fee for the Service once per year. You may request to change the billing term for a hosting Service from annual to monthly (and vice versa) by sending us a Support Request. Your request must explicitly include all the following: (i) the desired new Billing Term; (ii) the Service to be affected by the billing term change; (iii) the desired effective date of the change; and (iv) your acknowledgement that there may be a change in the renewal fees due for the hosting Service as a result of the change.

 

b.If, in our judgment, your purchase constitutes a high risk transaction (e.g. exceeds a certain monthly or annual cost threshold), we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase.

 

  1. All fees payable in advance of the applicable term, and are due immediately upon receipt. The day you purchase a Service serves as that Service’s official anniversary day, and your billing date (“Billing Date”). As an example, if you purchased a Service on January 1, 2014, depending on the billing term you selected, your Billing Date would either occur on January 1st of each year or on the 1st day of each month. The Billing Date for a Service cannot be changed and will remain the same for as long as the Service is kept open. Because a Service’s Billing Date is specific to that Service, it is possible for a single Critihost Account to have Service with different Billing Dates. We are generally unable to consolidate service dates but you may load money into the account or pay more than one active invoice at once depending on payment method.

 

d.All monies are payable to Critihost in U.S. dollars (“USD”) only. In our sole discretion, we may entirely reject or convert into USD any payment we receive that is not USD. In any event where we choose not to reject the payment, and instead to convert the payment into USD, such payment will be converted into USD using the exchange rate in effect at the time of the conversion used by our payment processor.

 

e.Critihost accepts the following methods of payment (each, a “Payment Method”): Visa, MasterCard, American Express, Discover Card and PayPal. The Payment Method you first specify will be set as the Payment Method for the Critihost Account until and unless you change it. You may change the Payment Method on the Critihost Account in the Client Center. We will not honor any limiting, modifying or conditional notation you make on or with your Payment Method.

 

  1. You are solely responsible for ensuring that the Payment Method on file for the Critihost Account is up-to-date at all times and that the Critihost Account balance is kept current. If the Payment Method for the Critihost Account is credit or debit card, Critihost and/or our payment processor may store the credit or debit card in a database for future renewals. If the Payment Method for the Critihost Account is credit or debit card, we may automatically attempt to collect payment from such Payment Method without prior or further notice whenever a balance comes due on the Critihost Account.

 

  1. If the Payment Method for the Critihost Account is PayPal, you must manually send payment to Critihost prior to any payment becoming due. If you enter into a paypal subscription agreement please note that the subscription must be cancelled manually in your Paypal account. Please allow at least 24 hours from the time we receive your PayPal payment for the payment to be applied to the Critihost Account. Because of the manual nature PayPal payments, please note that you will need to send such payment well in advance of the Billing Date to avoid interruption of the Service or closure for nonpayment. If you contact us in writing and request that we remove your credit or debit card, and we so act, and then you fail to manually pay for the renewal of your Service using PayPal or some other credit or debit card prior to any Billing Date, you may experience an interruption or loss of Service as a result. Critihost is not liable to you or any third party as a result of any such interruption of or loss of Service.

 

h.If payment is not readily available on the Payment Method on file for the Critihost Account (i.e. our attempt to collect payment from the credit or debit card is declined by the bank or financial institution), in our sole discretion, we may continue to attempt to obtain payment from your Payment Method without prior or further notice. If, during our attempts, any of the Services in the Critihost Account lapses into a past due status as a result of any inability to collect payment from your Payment Method, that entire Critihost Account may be suspended or closed for nonpayment. In no event shall Critihost be held liable for any action we may take against you (such as suspending or closing your Critihost Account and deleting your Content) as a result of our inability to collect payment from your Payment Method. Any Communications we may send you concerning our inability to collect payment from your Payment Method are sent completely as a courtesy, without obligation of any kind. Accordingly, you are encouraged NOT to rely on such Communications, and any such reliance shall be at your own risk. We are unable to retrieve information about your bank account or the precise reason for your bank’s rejection/decline of any transaction.

 

  1. The Critihost Account is considered past due if Critihost does not receive payment by the due date provided via invoice. The Critihost Account may be suspended, without prior notice, if the Critihost Account remains past due beyond 5 days from the Due Date. To reinstate the Critihost Account, full payment of any past due balance must be received by Critihost. If full payment of any past due balance is not received within 5 days of any Billing Date, the Critihost Account may be closed for nonpayment without further notice.

 

  1. Billing statements become available on a Service’s Billing Date. There are 3 ways to retrieve the Critihost Account’s billing statements: (i) in the Client Center, (ii) via email or (iii) via postal mail. Critihost may email a copy of the billing statement to at least the Account Owner. To request that we deliver your billing statement via postal mail, please send us a Support Request, an additional fee may be applied for handling.

 

  1. In the event a billing dispute arises, either brought by you or by Critihost, the dispute must be given in writing to the other party within 30 days of the disputed transaction occurring.

 

  1. Should we receive a request to remove a Payment Method from the Critihost Account, from a person or party who is not the Account Owner or an Account Contact, upon receiving sufficient documentation confirming that the person making the request is the cardholder, we may, with immediate effect and without prior notice, remove the Payment Method and refund some or all unauthorized charges collected from the Payment Method on behalf of the Critihost Account. Refunds issued in connection with such a request will result in the Critihost Account immediately becoming past due (as any refunded amounts will trigger reassessment of the original charges). To avoid an interruption of the Service, you must remit payment of the past due balance and any related fees within 72 hours of our notice to you concerning the matter. If you don’t, the Critihost Account will be suspended or closed for nonpayment.

 

  1. AUTO-RENEWALUNLESS OTHERWISE NOTED, CRITIHOST SERVICES AUTOMATICALLY RENEW THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD, EXCEPT FOR DOMAIN NAMES WHICH WILL RENEW FOR THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, FOR PRODUCTS OTHER THAN DOMAINS, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE. THE ONLY WAY TO DISABLE THIS AUTO-RENEWAL IS TO CANCEL THE SERVICE IN THE ACCOUNT CENTER.

 

2)     Credits and Refunds

 

a.Setup fees, domain name registration and renewal fees, domain name redemption fees, handling fees, the cost of service add-ons, overage fees, fees for any of the Premium Service defined herein, and any Critihost assessed penalty fees (e.g. chargeback fees, returned check fees) are completely NON-REFUNDABLE. No refund will be issued for any Critihost Account closed pursuant to Section (F)(2)(a) of this Agreement.

 

b.Credit issued to the Critihost Account (“in-store credit”) by Critihost is not redeemable for cash and may not be transferred. Any amount of in-store credit that you do not use will remain on the Critihost Account for 2 years or until the Account is closed. The issuance of in-store credit is solely within Critihost’s discretion and is not available at Customer request.

 

  1. Critihost may, in its sole discretion, issue the refund either (i) in the form of an in-store credit; (ii) via PayPal or (iii) via check. Critihost also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the payment provider, payment processor or individual issuing bank associated with your Payment Method.

 

d.If we issue a refund to your bank account, PayPal account, or debit/credit card, it could take as much as a full billing cycle for the refund to show up in your account. The issuance of check refunds is solely withinCritihost’s discretion and is not available at Customer request.

 

e.Discount and coupon codes are applicable only to the Service to which they are validly applied. Discount and coupon codes are valid only towards the initial purchase and shall not affect the renewal or recurring price of any Service, unless a recurring discount is specifically referenced in the coupon or promotion and only to the extent set forth in that coupon or promotion. Discounts offered after you have purchased, or agreed to purchase, the Service are not applicable. Upon any downgrade, upgrade or closure of the Service to which the discount or coupon code was applied, the discount offered in connection with said discount or coupon code is considered null and void. Discount and coupon codes have no cash value and may not be transferred or used towards later purchases, downgrades, upgrades or modifications to any Service. Discount or coupon code abuse will not be tolerated under any circumstances, and may result in the suspension of the Critihost Account, closure of the Critihost Account or retroactive adjustment of related charges. Critihost reserves the right to discontinue any discount code or promotion at any time, for any reason or no reason, without notice.

 

  1. No credits or refunds will be issued for non-usage of the Service, cancelation of month-to-month Service after the Billing Date.

 

  1. A prorated credit may or may not be issued for annually billed Service upon closure of the Service by you at Critihost’s discretion. Any account receiving a discount based on billing term will lose that discount and any previously due fees based on a monthly term will be applied retroactively.

 

h.If you cancel the Critihost Hosting services within the first 30 days of purchase (the “eligibility period”), you will receive a cash refund. This is the only cash refund Critihost offers, and it’s only for these products. Accounts closed for breach of this Agreement and/or accounts that reached any resource limits are ineligible for refund of any fees, even if the account is closed during the eligibility period.

 

3)     FEES

a.We reserve the right to change our fees and prices at anytime, for any reason or no reason. Further, we reserve the right to increase or decrease the amount of resources given to plans at anytime, for any reason or no reason. In the event of any price, fee or allocated resource change notice of any such change shall be considered given and effective on the date that such change is posted to this Website. You agree to the change if you continue to use the Service after the effective date of the change. We may, without obligation, also send Communications concerning the change.

 

b.You agree to pay, in full, the amount of any non-recurring, one-time setup fee listed in the Service description for each service or product prior to the Service provisioning, equipment acquisition or installation by Critihost. The Service description for each service or product we offer is located on this Website on the webpage for each such service or product.

 

  1. You agree to pay, in full, the amount of the recurring fee(s) listed in the Service description for each service or product whenever such fee(s) are due. The Service description for each service or product we offer is located on this Website on the webpage for each such service or product.

 

d.A $15.00 NON-REFUNDABLE handling fee will be assessed on each wire transfer payment. This fee is in addition to, and independent of, any fees you may be assessed by your bank or financial institution for submitting the wire transfer payment to Critihost.

 

e.A $25.00 NON-REFUNDABLE handling fee will be assessed to the Critihost Account upon Critihost’s approval of any Type B account ownership transfer request. This fee is in addition to any outstanding balance or other monies owing on the Critihost Account, all of which must be paid before we will complete processing of the transfer of account ownership.

 

  1. Overage fees are NON-REFUNDABLE and due immediately.

 

  1. You agree that Critihost shall not be liable, in any way, for any costs or expenses you may incur, including, but not limited to, overdraft fees and insufficient funds fees you may incur from any bank, financial institution or other third party as a result of our attempts to collect payment from your Payment Method. You agree to assume complete responsibility for any third party costs or expenses you may incur as a result of any of our billing actions.

 

h.Should you submit an emergency restoration request, and we are successful in recovering some or all of the requested Content from our own backup storage, the then-applicable NON-REFUNDABLE restoration fee will be assessed and collected from your Payment Method. If we are unable to immediately collect this fee from your Payment Method, or if your Payment Method is not credit or debit card, we may withhold any recovered Content until such time as full payment of the restoration fee is received by us.

 

  1. The then-applicable Move a Site fee, per Move a Site order, will be assessed and collected from the Payment Method on file for the Critihost Account prior to us providing the Move a Site Service. Once we have initiated processing of any Move a Site order, such order may not be cancelled and any fees paid in connection with the order are NON-REFUNDABLE.

 

  1. In our sole discretion, without having any obligation to do so, on a case-by-case basis, we may consider expediting the review and processing of a Work Order. Our ability to expedite Work Orders is rare and in no event should you have any expectation that we will consider or expedite any Work Order. In such rare cases that we do, we will establish and assess a NON-REFUNDABLE rush fee in connection with the Work Order. The rush fee shall be in addition to the total cost of the Work Order.

 

  1. All domain registration renewal fees are completely NON-REFUNDABLE. The domain registration’s renewal fee is due thirty (30) days prior to the domain registration’s expiration. For example, if the domain registration expires on 12/01/2014, you will be billed for and must pay the domain registration’s renewal fee on 11/01/2014 to avoid losing ownership and control of the domain.

 

  1. If Critihost is the Registration Service Provider of record for a domain name that has expired, it may be possible for us to recover the expired domain name for you, if you act within the Redemption Grace Period. A NON-REFUNDABLE fee of $120.00 will be assessed and must be paid before we will attempt to recover any expired domain name registration.

 

  1. Regardless of the reason why a check payment is returned to us void or otherwise unpaid, a $50.00 NON-REFUNDABLE return check fee will be assessed to the Critihost Account for each check payment returned to us void or otherwise unpaid. This fee is in addition to any monies owing on the Critihost Account, and any fees assessed by the bank or financial institution. This fee will not be waived, so please do not ask. Upon receipt of notice that a check payment has been returned to us void or otherwise unpaid, we will immediately, and without prior notice, re-assess the related (and now unpaid) charges and suspend the Critihost Account until full payment of the balance and return check fee is received by us. We may also collect or attempt to collect payment of the outstanding amount owed (including all associated fees) from any alternate Payment Method on file for the Critihost Account. Going forward, you must pay via certified funds – cashiers check or money order only. Make cashiers check or money orders payable to Critihost, LLC. Include your name and Critihost Account number on the face of the payment.

 

n.Regardless of the reason why a credit or debit or PayPal payment is retracted by a bank or financial institution, a $25.00 NON-REFUNDABLE chargeback fee will be assessed to the Critihost Account for each chargeback we receive related to any Payment Method associated with the Critihost Account. This fee is in addition to any monies owing on the Critihost Account, and any fees assessed by the bank or financial institution. This fee will not be waived, so please do not ask. Upon receipt of any chargeback, we will immediately, without prior notice, re-assess the related (and now unpaid) charges and suspend the Critihost Account and all Service until such time as you have fully complied with the instructions set forth in our notice to you regarding the chargeback. We may refuse to allow credit or debit, PayPal or automated payment from you in the future. Upon our receipt of any third chargeback, we will immediately, without prior notice, close the Critihost Account; we may also collect or attempt to collect payment of the outstanding amount owed (including all associated fees) from any alternate Payment Methods on file for the Critihost Account.

 

  1. NOTICES AND COMMUNICATIONS

 

1)     Method of Communications

You consent to receive electronic communications (email) from Critihost concerning your use of the Service and concerning Critihost product and service offerings (“Communications”). The Communications may be those that Critihost is required to send to you by law concerning the Services (“Required Communications”). The Communications may also be those that Critihost sends to you for other reasons. Critihost may provide these Communications to you by sending an email to the email address you provided in connection with the Critihost Account or by posting the Communications to our Website. You also consent to receive Communications by telephone or postal mail sent to any postal address or telephone number you provided in connection with the Critihost Account, though we are not obligated to use these mediums to send Communications to you. You may change the email, postal address or telephone number Critihost has on file for the Critihost Account through the Client Center. You may, without payment of any additional fee, withdraw your consent to receive Required Communications via email by sending notice to the Customer Service Address that identifies your full name, account number, primary domain name, primary email address and a valid Security Question or by sending a request to Critihost at P.O. Box 452, Arnold, MD 21012, Attention: Customer Service (the “Customer Service Address”). However, if you withdraw such consent, understand that Critihost reserves the right to close the Critihost Account. Any notice Customer wishes to send Critihost must be in writing via either Support Request or to the Customer Service Address.

Critihost is not responsible for and shall not be liable for any late, lost, misdirected, intercepted, unsuccessful or otherwise failed efforts to send any Communications or Required Communications to you or any other person or party.

 

2)     Common Courtesy

 

a.To avoid interruption of the Service, and possible closure of the Critihost Account, you are required to act in accordance with the terms of any of the Communications or Required Communications we may send to you, within the time-frame specified in such communications. If we make three or more attempts to reach you concerning any matter that requires your attention or action, and we do not receive a response from you within 24 hours of any third attempt, we may suspend or close the Critihost Account without prior notice. Notwithstanding that, we may suspend or close the Critihost Account if you fail to respond to any Communications or Required Communications sent to you by our Abuse Department, within 48 hours of any such Communications.

 

b.As a courtesy, we may store a copy of certain Communications and Required Communication inside the Client Center under the “Support Requests” area. In no event should you rely on Communications or Required Communication appearing there. You are responsible for checking Support Requests on a regular basis to ensure there are no issues that require your immediate attention or action.

 

  1. TERM AND TERMINATION

 

1)     Your Right to Close your Critihost Account

You can close your Critihost Account. As long as the Critihost Account is open, though, everything in this Agreement applies, and certain terms continue even after the Critihost Account is closed.

 

a.This Agreement shall be effective as long as our records indicate the Critihost Account is open, regardless of whether or not the Service are being used by you or any other person or party. This Agreement and all Service on the Critihost Account will automatically renew and you will be charged for additional terms equal to the previous term until and unless the Critihost Account is closed by you or Critihost in accordance with this Agreement. You may close the Critihost Account or any of the Service at any time by submitting a Request to Close through the Client Center. The Client Center is the only means through which you can submit a Request to Close the Critihost Account or a Service. All fees due through the closure date are completely NON-REFUNDABLE. Terms set forth herein that govern the Critihost Account, payment of fees for the Service, resolution of any disputes between us, and other such terms that are surviving in nature, continue to apply even after you close the Critihost Account.

 

b.With the exception of closure by Critihost pursuant to this Agreement, the Account Owner is the only person authorized to close the Critihost Account or any of the Service associated with it. Account Contacts or other third parties are not permitted to close the Critihost Account nor any of the Service associated with it.

 

  1. In some cases, the earliest available close date presented to you in the Client Center may not be soon enough for you. For example, if the earliest available close date is your next Billing Date, but you wish to close sooner than your next Billing Date, we can help you with that. If you would prefer to have your Service or Critihost Account closed sooner, you must simply choose the earliest available close date given in Client Center and submit the Request to Close. Following your submission, you will simply need to send us a Support Request asking us to disregard your chosen close date in favor of a more desirable close date. In order to be considered valid, your Support Request must also contain your unambiguous acknowledgement that you are aware that all Content associated with any closed Service or Critihost Account will be deleted upon closure and we will not have backups of the Content. We may refuse to process any request to expedite closure that does not explicitly and unambiguously include this acknowledgement. Requests are processed in the order in which received and may take anywhere from 24-48 business hours to process.

 

2)     Our Right to Close your Critihost Account

 

a.Critihost reserves the right, in its sole discretion, to close the Critihost Account, without prior notice, for any one or all of the following: (i) if you or any of your Account Contacts, whether intentional or unintentional, breaches any section of this Agreement, any supplemental rules and guidelines, any of the terms and conditions of the respective service providers, or any rights of Critihost; (ii) if we receive notice that you or your company will be or is subject to insolvency proceedings; (iii) upon our receipt of any third party chargeback associated with any Payment Method tendered as payment on the Critihost Account; (iv) if we do not receive a written response from you within 48 hours of any notice sent to you by our Abuse Department; (v) if, in our judgment, your use of the Service has the potential to pose any harm to Critihost, any of our affiliates, partners, service providers or customers; (vi) if the Critihost Account becomes past due and is not paid within twenty days of becoming past due; (vii) if a hacked script or otherwise compromised website is discovered on our systems at the Service in use by you; (viii) if an unusual spike in resource usage is detected by our systems resulting in an account far outstripping the allotted resources; (ix) if you fail to cure any suspension of the Critihost Account or any individual Service, to our satisfaction, and within the time frame we specify; or (x) if, in our judgment, we have received too many complaints about your Content. In the event of any such closure of the Critihost Account, you will not be eligible for a refund of any fees and you may be prohibited from reopening the Critihost Account, opening a new Critihost Account or accessing any existing Critihost Account. You agree that Critihost shall not be liable, in any way, for any closure pursuant to this section of this Agreement.

 

3)     Effects of Closure and Suspension

 

a.Upon any closure of the Critihost Account: (i) this Agreement and all rights granted under this Agreement shall cease immediately (except those expressly surviving or which by their nature would survive); (ii) all access to the Service and Critihost Account will cease immediately; (iii) you will be billed for, and we may automatically attempt to collect from your Payment Method, any outstanding amount owed; and (iv) all Content will be deleted from our servers and backup systems and we may not have or keep backup of the Content. We recommend that you run very regular backups. As well, we also recommend that you ensure you have retrieved all Content and made all necessary backups before submitting any Request to Close the Critihost Account or any of the Service. You agree to hold Critihost harmless from and against any and all claims, losses or damages arising from any closure of the Critihost Account. Any and all sections in this Agreement which impose obligations continuing in their nature shall survive closure or otherwise continue to remain in full force and effect even after account closure. You are not permitted to access the Critihost Account or any of the Service formerly associated with the Critihost Account following any closure.

 

b.Upon any closure of an individual service: (i) all access to the Service shall cease immediately; (ii) you will be billed for, and we may automatically attempt to collect from your Payment Method, any outstanding amount owed for the service; and (iii) all Content will be deleted from our servers and backup systems and we may not have or keep backup of the Content. We recommend that you run very regular backups. As well, we also recommend that you ensure you have retrieved all Content and made all necessary backups before submitting any Request to Close a service. You agree to hold Critihost harmless from and against any and all claims, losses or damages arising from any closure of any service. Any and all sections in this Agreement which impose obligations continuing in their nature shall survive closure or otherwise continue to remain in full force and effect even after termination of this Agreement. You are not permitted to access any closed service following any closure of the service.

 

  1. Upon any suspension of the Critihost Account, all Service associated with the Critihost Account will be suspended or otherwise made inaccessible until and unless all issues are addressed and resolved by you, to our satisfaction, and within the time frame we specify. During any suspension of the Critihost Account or any individual Service, you will not be permitted to: (i) add, upgrade, downgrade or modify any of the Service; (ii) request an emergency restoration; (iii) transfer any Service, including but not limited to domain name registrations; (iv) access any of the websites, email accounts or Content associated with the suspended Service or account. You agree to hold Critihost harmless from and against any and all claims, losses or damages arising from any suspension of the Critihost Account or the individual Service.

 

4)     Reopening a Service or Account

 

a.Unfortunately, once closed, most of the Service may not be reopened; you will need to place a new order and have new Service provisioned. The only service that may be reopened is an unexpired domain name registration, if the Critihost Account is open and in good standing. To reopen an unexpired domain name registration, simply send us a Support Request asking us to reopen the domain name registration.

 

b.The Account Owner is the only person authorized to re-open the Critihost Account. To reopen the Critihost Account, the Account Owner must email our Billing Department and Authenticate. If the Account Owner is unable to Authenticate, he/she must complete the Profile Update Request form found here in order for us to proceed with the re-opening of the Critihost Account. Any unpaid or otherwise outstanding balance must be paid before we will complete any re-opening. Re-opening an account does not mean that we are willing or able to restore your Content.

 

  1. DOMAIN NAME REGISTRATION SERVICE

 

1)     General Information

 

a.You may register through our Website any available .com, .org, .net, .info, .biz, .co or .me domain name (“Accepted TLDs”). Critihost is able to accept transfers for Accepted TLDs only. Any other TLDs (“Non-Accepted TLDs”) are not permissible. You may host upon our systems any Accepted TLDs you own or maintain control of. Critihost does not represent or warrant that it has the certifications or authorizations necessary to host Non-Accepted TLDs.

 

b.You are responsible for carefully reviewing your order for any domain name before submitting the order on our Website. Once your order for the domain name is submitted, the order is NON-REFUNDABLE. Renewal fees are also NON-REFUNDABLE. New customers may receive a discounted rate for their first domain name registration when activating new Service. If the newly activated Service is later closed (for whatever reason), and you wish to retain the domain name registration only, you will be required to pay the full recurring price for that individual domain name registration.

 

  1. We offer domain name renewals and registrations through Tucows, Inc.We offer the service of domain name registration renewals and registrations via a third party provider, Tucows, Inc. When you renew or register a domain name through our systems, you are agreeing to be bound by both this Agreement and the Tucows Registration Agreement (“Exhibit A”). The Registrar of record for any domain name you register will be listed in the Registration Record as Tucows, Inc.; Critihost will be listed in the Registration Record as the Registration Service Provider. In no event may you or any other person or party remove or otherwise hide Critihost or Tucows Domains contact information from the domain name’s record.

 

d.The Uniform Domain-Name Dispute-Resolution Policy (“UDRP”) rules govern all domain name disputes. When you register or transfer a domain name into our systems, you agree to be bound by the terms of the Uniform Domain Name Dispute Resolution Policy (UDRP), which may be viewed here. It is our policy to adhere to any rule issued by ICANN. If we receive notice that a UDRP, World Intellectual Property Organization (WIPO) or US state or federal complaint has been filed against you in reference to your use of the domain name, you may not be permitted to make changes to the domain’s Registration Record until we are ordered to permit you to do so, or otherwise receive confirmation that the dispute has been resolved. You acknowledge that if your use of the domain name is challenged by a third party, you will submit, without prejudice, to any rule or order issued by ICANN or any administrative body, such as WIPO.

 

e.If we receive a request from a person or party (“the requesting party”) claiming to be Registrant of a domain name associated with the Critihost Account, and if said person seeks to remove or otherwise disassociate the domain name registration or DNS zone file from the Critihost Account, upon receiving what we consider to be sufficient proof that the requesting party is the domain name’s Registrant, we will, with immediate effect and without prior notice, remove or otherwise disassociate the domain name registration and/or DNS zone file from the Critihost Account. We will promptly provide notice to you following any such action.

 

2)     Domain Transfers

 

a.When you initiate the transfer of any domain name to Critihost, you represent and warrant that you are listed as the Registrant or Administrative contact for the domain name in the WhoIs database. You will be required to pay Critihost the first year’s registration fee upon initiating the domain name transfer to Critihost. Domain name transfers to Critihost generally take five business days to complete, unless the request is denied by your current registrar. It is your responsibility to timely address any issue that may arise concerning the transfer of any domain name to Critihost to complete the transfer. Once a domain name transfer to Critihost is complete, and Critihost becomes the new Registration Service Provider of record for the domain name, you will not be able to transfer the domain name to another registrar for at least sixty days, unless in accordance with a decision or rule issued to Critihost by ICANN, the governing body for domain names. By transferring or attempting to transfer any domain name into Critihost systems, you are reaffirming your unconditional acceptance of all of the terms of this Agreement.

 

b.The time frame for completing domain name transfers away from Critihost to another registrar vary depending on a variety of factors. It is your responsibility to timely address any issue that may arise concerning the transfer of any domain name from Critihost to complete the transfer. We reserve the right to deny outright any request to transfer a domain name from Critihost received while the Critihost Account is past due or otherwise not in good standing.

 

3)     Domain Registration Management

 

a.When you register a domain name through our Website or transfer a domain name into our systems, by default, domain privacy will be disabled/off and the Account Owner’s Registration Data may be used to populate the Registrant, Administrative, Technical and Billing contact fields (the “Registration Record”) for the domain name. The default information we use for the Registration Record may not necessarily reflect the desired information and it is your sole responsibility to update the Registration Record whenever necessary. Your willful provision of inaccurate or unreliable information, your failure to keep the domain’s Registration Record up-to-date, or any failure to respond to inquiries by us addressed to the email address of the Registrant, Administrative, Billing or Technical contact shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name. If you need to verify or change the domain’s Registration Record, log in to the Client Center. Critihost is not responsible for lapsed registration due to outdated Registration Record data, payment failure or any other issues. Any reminder notices we may send you for domain name renewals are sent as a courtesy only. It is your responsibility to ensure your domain name registration is current. Critihost is not responsible for your failure to renew a domain name or failure to remind you to renew a domain name.

b.Domain Privacy

If you wish to privatize or otherwise keep your personal information from appearing in the Registration Record, you may do so at the time you place your order for or transfer the domain name into our systems; otherwise, you will need to login to the Client Center to enable domain privacy later. When domain privacy is enabled, Critihost will use a third party’s contact information to populate the Registration Record. As with all DNS changes, changes in domain privacy must propagate. There may be a period when, even after enabling domain privacy, the previous Registration Record is still visible to the public. You must wait until the DNS completes propagation before your changes take effect. Remember, we have an obligation to provide your information should we be legally required to do so, regardless of whether or not you have enabled domain privacy. Critihost Domain Privacy private registration is fulfilled by Tucows, Inc. and their terms and conditions shall apply.

 

  1. You are solely responsible for ensuring that all domain name registration fees are paid when due. If you fail to pay domain name registration fees when due, your domain name registration will expire and be suspended by Critihost and you can and will lose ownership of the domain name if you do not take action to renew it. Once a domain name registration has expired, the domain name (including, but not limited to the website, email and other services associated with the domain name) will be completely inaccessible until and unless renewed or re-registered. Generally, when a domain name registration expires, it goes into a post-expiration grace period commonly known as a “Redemption Grace Period.” The Redemption Grace Period lasts for up to thirty days from the date of expiration, and during that time, the status of the domain name registration in the WhoIs database will likely be displayed as “Redemption Period” or “Pending Delete – Restorable.” During the Redemption Grace Period only, it is possible for the last known Registrant (as according to the Registrar or Registration Service Provider’s records) to re-register the domain name. If you wish to renew an expired domain name registration that is within the Redemption Grace Period and Critihost is the Registration Service Provider of record for that domain name, you must contact us during the Redemption Grace Period, pay a NON-REFUNDABLE fee and complete any other necessary requirements indicated by Critihost at the time of your request to complete the renewal. Please note that, generally, it may take 7-10 business days for the domain registration to be updated once it has been redeemed. Once the Redemption Grace Period lapses, the domain name will enter a 5-day “Pending Delete” phase, and during such time, no one (including Critihost) will be able to renew, re-register, redeem or otherwise gain ownership of the domain name. At that point, there is nothing we can do to help you get your domain name back. Following the “Pending Delete” phase, the domain name will be deleted at the registry and released back into the public pool of available domain names.

 

d.Upon any expiration of any domain name registration for which Critihost is the Registration Service Provider of record, Critihost may direct the domain name to an IP address designated by Critihost, which may contain a parked, coming soon or other such page (“Temporary Page”) that may include advertisements, promotions, links and other content designated by a third party or Critihost, including, but not limited to, content promoting the Service. 100% of all revenues generated, or other economic or noneconomic benefits received, from any such Temporary Page belong solely to Critihost and a third party designated by Critihost, if any. Critihost reserves the right, in its sole and absolute discretion, to modify or disable the content and/or appearance of any Temporary Page at anytime, for any reason or no reason, and without notice.

 

e.Any domain name for which Critihost is the Registration Service Provider of record, and which does not resolve to an active website or otherwise contain an “a record,” may resolve to a Temporary Page that may include advertisements, promotions, links and other content designated by a third party or Critihost, including, but not limited to, content promoting the Service. 100% of all revenues generated, or other economic or noneconomic benefits received, from any such Temporary Page belong solely to Critihost and a third party designated by Critihost, if any. Critihost reserves the right, in its sole and absolute discretion, to modify or disable the content and/or appearance of any Temporary Page at anytime, for any reason or no reason, and without notice.

 

  1. PREMIUM SERVICES

 

1)     Site Migration

 

a.We offer, for a fee, a website migration service (“Site Migration”) which is currently available for most PHP and HTML powered websites that are migrated to, from or between Critihost hosting Service. Each Site Migration order covers the migration of a single website with its single database (a “Web Application”) and is generally, though not always, managed by a dedicated specialist. The amount of time it takes for us to complete the migration is largely dependent on whether you’ve satisfied your obligations prior to the migration and how much content is being moved and where. Notwithstanding the foregoing, we are unable to make any guarantees regarding the availability, possibility or amount of time required to complete any Move a Site order.

 

b.The Site Migration service includes only migration of the Web Application. Exclusions apply. Once Critihost initiates any migration, all fees paid are NON-REFUNDABLE. We reserve the right, in our sole and absolute discretion, to close any Site Migration order, at anytime, for any reason or no reason, without prior notice. Notwithstanding anything to the contrary, in the event we close any Site Migration order, in our sole discretion, we may refund all or a portion of the Site Migration fee. Once a Site Migration order has been closed, for whatever reason, it may not be reopened; a new Site Migration order will need to be placed if the desired service is requested again. Customer must, within fourteen days of any migration, notify Critihost if there are any issues with the migration. Critihost is not responsible for and will not provide assistance with any issues that arise beyond fourteen days of any migration.

 

  1. After we receive your Site Migration order, we will contact you via a Support Request (generally within two business days) to gather any specific information we’ll need from you to migrate your website (“our notice to you”). Some of the information we’ll need to migrate your website includes, but is not limited to, login information, information pertaining to the current settings on your website, etc. If we do not receive a response from you within seven days of our notice to you, we will not be able to proceed with your order, and your Site Migration order will be closed.

 

d.Site Migration does NOT include assistance with nor migration of any of the things on the following list. Please note that this list is not exhaustive and there may be other things you want help with that we can’t do. Without limitation, you bear sole responsibility for addressing the migration and management of all of the following:

 

  • Email accounts (including, but not limited to email data and content);
  • SSL certificates;
  • Design and formatting changes;
  • Updates to the Web Application;
  • DNS changes or modifications;
  • Domain name registration updates (including, but not limited to unlocking the domain at the Registrar or disabling domain privacy);
  • Security audits;
  • Any Content that was created or added to Web Application after the time Critihost began migration;
  • Any Content not related to the Web Application.

 

 

  1. SHARED “WEB HOSTING” SERVICE UPTIME GUARANTEEWe offer a Service uptime guarantee of 100% (“Service Uptime Guarantee”) of available time per month for the Hosting service. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for each ½ hour services are down that month; limit 100% of the monthly bill. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

 

  1. PROGRAM OFFERINGS

 

1)     Beta Program

From time to time, we may offer programs or otherwise make available services or products that are still in the early stages of development or otherwise not yet completely developed. By participating in any of our beta programs, you understand, acknowledge and agree that Critihost makes no guarantee, whatsoever, as to the usability, feasibility or functionality of the services or products made available through the beta program. Your participation in the Beta Programs is completely at your own risk. Restrictions and limitations apply. Participation in the Beta Program is dually governed by this Agreement and the Beta Program Participation Agreement found here. In the event of any conflict between this Agreement and the Beta Program Participation Agreement, the Beta Program Participation Agreement shall govern.

 

2)     Affiliate Program

The Critihost Affiliate Program offers you a chance to get commission on the new customers you send to us. Restrictions and limitations apply. Participation in the Affiliate Program is dually governed by this Agreement and the Affiliate Terms and Conditions Agreement found here. In the event of any conflict between this Agreement and the Affiliate Terms and Conditions Agreement, the Affiliate Terms and Conditions Agreement shall govern.

 

  1. CONTENT

 

1)     Content Made Available for Inclusion on the Service

 

a.We’re not responsible for any of the Content you, your Account Contacts or your users post on or via the Service; you are. You, not Critihost, agree to assume all responsibility for and risk associated with all Content you and your party submit, transmit, email, upload, link to, display, disseminate, facilitate access to or otherwise make available through or for inclusion on the Service, including any reliance on the accuracy, completeness, truthfulness, appropriateness, legality or usefulness of such Content. You warrant and represent that you possesses all legal right to, or have obtained all necessary permissions to use any and all Content you make available, use in connection with or provide to Critihost in connection with your use of the Service, and none of the Content you make available, use in connection with or provide to Critihost in connection with your use of the Service infringes on any right of any person, firm, entity or party. You are solely responsible for protecting your assets as well as your rights to any of the intellectual property you provide to Critihost, and Critihost shall have no responsibility, whatsoever, with regard to it.

 

b.You understand and agree that Critihost is solely acting as a common carrier in its capacity of providing the Service hereunder, is not a publisher of any material or information and has no right to edit or censor the material at the Servers in use by Customer (unless pursuant to any local, state or federal law, or any section of this Agreement). Critihost is not responsible nor pre-screens any of Customer’s website content. All material submitted for publication through the Service will be considered publicly accessible. Critihost does not endorse nor screen in advance material submitted to Critihost for publication via the Service.Critihost’s publication of material submitted by Customer does not create any express or implied approval by Critihost of such material, nor does it indicate that such material complies with the terms of this Agreement.

 

  1. We do not guarantee backup services. We are not responsible for Content residing on or about the Service. In no event shall Critihost be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions, and in certain circumstances, with absolutely no obligation and only as a courtesy, upon a Customer submitting an emergency restoration request, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we have backed up data for our own purposes. Critihost makes no guarantee that the data you need will be available. An emergency restoration is intended for data recovery of specific files and/or databases, and will NOT restore your server or website to a previous version. We may reject any emergency restoration request, at anytime, for any reason or no reason. We may reject any emergency restoration request received during any period when the Critihost Account is past due, suspended, closed or under investigation for any breach of any section of this Agreement. Backups are as-is and are not designed for litigation purposes.

 

d.Any mistakes, accidents, omissions, interruptions, delays, errors or defects in transmission or Service which are caused or contributed to, directly or indirectly, by an act or omission of the Customer or by the use of Customer-provided facilities or equipment, or by the use of facilities or equipment furnished by any other person using Customer’s facilities which are connected to Critihost’s facilities, shall not result in the imposition of any liability upon Critihost and Customer shall pay to Critihost any reasonable costs, expenses, damages, fees or penalties incurred by Critihost as a result thereof, including costs of local exchange company, labor and materials.

 

e.If we receive three or more complaints (of any variety) concerning any Content hosted on or otherwise displayed via your Service, we reserve the right, in our sole discretion, to either close the Critihost Account or suspend the Critihost Account and require you to permanently cease hosting any specific website or Content on our systems. If we elect not to close the Critihost Account, directive as to remedy will be given in our Communications to you concerning the matter. If you do not adhere to the said directive, the Critihost Account may be closed without prior or further notice.

 

2)     Digital Millennium Copyright Act (DMCA)

 

a.You may not use the Service in any manner that infringes upon any copyright. Such infringement may include, but is not limited to selling counterfeit goods, unauthorized copying of photographs, books, music, videos, or any other copyright protected work. It is our policy to promptly investigate compliant notices of alleged copyright infringement that are provided to us in writing regarding Content hosted on or otherwise displayed via our systems. Our response to such notices may include removing or disabling access to the Content or website claimed to be the subject of infringing activity, without prior notice, and without regard to the complaint’s substance or merit (or lack thereof). Critihost reserves the right, in its sole discretion, to close any Critihost Account for which Critihost receives three or more copyright infringement complaints, without prior notice and without a refund of any fees.

 

b.Any person or party who wishes to file a claim of copyright infringement regarding Content hosted on or otherwise displayed via our systems may file notice via either email or postal mail. Any person or party who requires assistance filing a claim of copyright infringement should consult or hire a lawyer or other legal professional for assistance. NOTE: Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including, but not limited to costs and attorney’s fees) incurred by the alleged infringer, the copyright holder or its licensee, or the service provider.

To email, send to legal@critihost.com
To send via postal mail, send to:

Critihost, LLC.
Attention: DMCA Compliance
P.O. Box 452
Arnold, MD 21012

  1. The law requires very specific language be present in any notice of alleged copyright infringement. As set forth in the DMCA, in order to be effective, a notice of copyright infringement must include all of the following:The physical or electronic signature of complaining party;Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

    Identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the content (i.e. the specific URLs where the allegedly infringing activity is said to be taking place);

    Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

    A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

    A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

d.A counter notification is a legal request for Critihost to re-enable or otherwise restore access to the material claimed to be the subject of infringing activity. The law requires very specific language be present in any counter notice. As set forth in the DMCA, in order to be effective, a counter notice must include all of the following:

The physical or electronic signature of the alleged infringer or an agent authorized to act on behalf of the alleged infringer (such as an attorney);

Identification of the material that was removed (or to which access was disabled) and the location at which the material appeared before it was removed or access to it was disabled;

A statement under penalty of perjury that the alleged infringer (or his/her authorized agent) has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

The alleged infringer’s (or his/her authorized agent’s) name, address, and telephone number, and a statement that the alleged infringer (or his/her authorized agent) consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s (or his/her authorized agent’s) address is outside of the United States, for any judicial district in which the service provider may be found, and that the alleged infringer (or his/her authorized agent) will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

 

e.Upon receipt of an infringement counter notice that substantially complies with the counter notification requirements set forth in the DMCA, the DMCA requires us to provide the complaining party with a full copy of the counter notice provided to us by the alleged infringer or his/her authorized agent. The DMCA also requires us to permit the alleged infringer to restore access to the material claimed to be the subject of infringing activity, within no less than ten business days and no more than fourteen business days following our receipt of a compliant counter notice, unless we first receive notice that the complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity. Be advised, regardless of whether or not the complaining party files an action seeking a court order to restrain the alleged infringer from engaging in infringing activity, the complaining party may still maintain the right to seek relief in a court of law. It is our policy to adhere to all orders of the court. Any court order issued in connection with a complaint that has been filed against the alleged infringer with which we are served will, with immediate effect, supersede any allowance we may have made permitting the alleged infringer to re-enable or otherwise restore the access to the material claimed to be the subject of infringing activity. A filing of a copyright infringement counter notice may result in litigation between and among the parties.

 

3)     Trademark Infringement Claims

 

a.You may not use the Service in any manner that infringes on the rights of any person or party. Such infringement may include, but is not limited to selling counterfeit goods, unauthorized copying of photographs, logos, designs or other lawfully protected works. It is our policy to promptly investigate compliant notices of alleged trademark infringement that are provided to us in writing regarding Content hosted on or otherwise displayed via our systems. Our response to such notices may include removing or disabling access to the material claimed to be the subject of infringing activity, without prior notice, and without regard to the complaint’s substance (or lack thereof). Presently, there is no counter notification process in place for trademark law. If you wish to object to the complaint filed against you, you will need to take matter up with the trademark owner in a court of law. In any case, you hold Critihost completely harmless in all matters concerning our action with respect to any trademark infringement complaint. Critihost reserves the right, in its sole discretion, to close any Critihost Account for which Critihost receives three or more trademark infringement complaints, without prior notice and without a refund of any fees.

 

b.Any person or party who wishes to file a claim of trademark infringement regarding Content hosted on or otherwise displayed via our systems may file notice via either email or postal mail. Any person or party who requires assistance filing a claim of trademark infringement should consult or hire a lawyer or other legal professional for assistance. NOTE: Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including, but not limited to costs and attorney’s fees) incurred by the alleged infringer, the trademark owner or its licensee, or the service provider.

To email, send to legal@critihost.com
To send via postal mail, send to:

Critihost, LLC.
Attention: DMCA Compliance
P.O. Box 452
Arnold, MD 21012

 

  1. In order for us to investigate any claim of alleged trademark infringement, the notice of trademark infringement must include, substantially, all of the following:The trademark or service mark (“the mark”) claimed to be the subject of infringing activity;
    The registration number of the mark;
    The country of origin of the mark;
    The contact information of the owner of the mark, including name, address and telephone number;
    The goods or services associated with the mark;
    A complete description of the manner in which the complaining party believes the mark has been or is being infringed upon;
    The precise location of the allegedly infringing activity, specifically, the URLs;
    A statement, under penalty of perjury, that the complaining party has a good faith belief that use of the mark in the manner complained is not authorized by the owner of the mark, and use of the mark by in the manner complained infringes upon the rights of owner of the mark.

 

4)     Effects of our Actions

 

a.In some cases, when we remove or disable access to material claimed to be the subject of infringing activity or that, in our judgment, breaches any section of this Agreement, that action may cause some elements or areas of your website or the Service to malfunction or become unavailable. In no event shall Critihost be held liable in any case and you are solely responsible for repairing or redressing such an issue.

 

b.If we are unable to immediately access Content claimed to be the subject of infringing activity or that, in our judgment, breaches any section of this Agreement, or if our attempt to remove or disable access to said Content or website is unsuccessful we may immediately suspend the website or Service upon which the Content is displayed. In any such case, you will not be permitted to re-enable or otherwise restore access to the website or Service until you have complied with all of the terms set out in our notice to you concerning the issue.

 

  1. If any Content or website is disabled or removed pursuant to Critihost’s obligations as a service provider under the DMCA, or pursuant to any section of this Agreement, re-enabling or otherwise restoring access to that Content or website is prohibited until and unless you are otherwise notified by Critihost, via Support Request. In any event where the Content or website is re-enabled or otherwise restored (whether on the original Critihost Account or a different Critihost Account), absent Critihost’s express authorization as set forth in this Agreement, the Critihost Account will be closed with immediate effect and without prior or further notice.

 

d.You must immediately remove or disable access to any duplicative or derivative works of any Content or website Critihost may disable pursuant to any section of this Agreement, whether or not such Content has the same title, name or label as the offending Content, is in any other format, form, size or is in or on any other directory or location on our systems. Your failure to do so could subject you to civil liability pursuant to U.S. federal law, and could also result in the suspension or closure of the Critihost Account.

 

5)     Reselling and Online Stores

 

a.Reselling space. If you are reselling space within the Service to others or using the Service to sell or offer goods or services to any person or party (“Your Users”), please note that you are solely and fully responsible for and to Your Users. We will not provide support to Your Users. In no event shall Critihost be held responsible for or to Your Users. In no event will Critihost mediate any dispute or controversy arising between you and Your Users or any other person or party. Your Users may not contact us directly to support the Service. You agree that we may terminate this Agreement, and create a direct contract relationship with Your Users, should we determine that you are not providing adequate support to Your Users. We agree to give you at least 60 days prior notice of such a determination, and will include information reasonably designed to help you provide adequate support. If one of Your Users contacts us, we reserve the right to suspend the Critihost Account until you assume responsibility for Your Users. You are responsible for all Content stored or transmitted by Your Users and any other actions of Your Users. We will hold you responsible for any of Your Users violations of law or the terms of this Agreement. You are not permitted to represent to Your Users or potential customers of yours that you are Critihost or have any relationship with Critihost other than a user of Critihost’s services. Without Critihost’s prior written consent, you may not use Critihost’sname or trademarks on your website or use our domain names in any fashion. You agree to enter into a contract with Your Users containing terms no less protective of our interests than this Agreement, Acceptable Use Policy, and Privacy Policy. Your limitation of liabilities, warranties and privacy policy must be similar to those that we include in our Agreements. You agree to make your contract available to Your Users before you enter into a contract with them. We have no contractual relationship with Your Users. You agree to indemnify and hold us fully harmless from any claims made against us by Your Users based on the Service we, or any party providing services through us, provides. This paragraph does not give you any exclusive or territorial rights. We still have the right to enter into reseller relationships with other entities on terms that may differ from our terms with you. Other companies, including Critihost and our other resellers, can and will compete against you. We encourage you to actively market our Service. However, you must first submit any marketing materials to us for pre-approval. Upon written approval you are permitted to use our name, logo and trademarks (collectively, the “Marks”) for all proper purposes related to the performance of your duties hereunder only so long as this Agreement is in effect. Your use of such Marks shall be in accordance with our policies. You will have no right in the Marks, and agree to take no action that might jeopardize our rights in the Marks, or appropriate them for your own use, or those of another. You are not authorized to make any representation, contract or commitment on our behalf except to the extent specifically requested or authorized by us in writing. Your authority is specifically limited to the solicitation of orders from leads for the Service. You shall not make written or oral promises or representations to any prospective customer. All orders solicited by you shall be subject to acceptance by us upon such terms and conditions, including prices, as we shall determine in its sole discretion. You understand that you are not assured of any particular level of income, profits or success.

 

b.Sales Practices. In the conduct of your business, you shall safeguard and promote the reputation of Critihost’s Service and business name, and shall refrain from all conduct which might be harmful to such reputation or to the marketing of your Service. You shall strictly refrain from all deceptive, misleading or unethical business practices. You shall comply with all applicable policies and procedures as well as applicable state and federal rules and regulations. Any violation by you of this paragraph shall constitute a material breach of this Agreement and in addition to all remedies available to us, you shall indemnify and hold harmless us in respect to any fee, fine, penalty, or liability imposed against us arising from any activities by you. The prices you charge for the Service you resell shall be solely determined by you. Likewise, you are solely responsible for collecting from Your Users all charges related to the Service, such as applicable taxes. We shall be able to rely and act based on the information you or Your Users provide to us.

 

6)     U.S. Export Laws

This Website, the Service, certain software, related documentation, and technical information made available through Critihost (collectively, “Certain Content”) are subject to United States export laws, administrative acts, and regulations (collectively, “U.S. Export Laws”). Users of Certain Content are not permitted to export or re-export, or allow the export or re-export of, the Service in violation of any U.S. Export Laws. By using Certain Content, you represent and warrant that you are not located in, under the control of, or a national or resident of any embargoed country or country on the U.S. Department of Commerce’s Table of Denial Orders; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws. You agree not to export or re-export, or allow the export or re-export of Certain Content directly or indirectly to any countries that are subject to United States export restrictions.

Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List, or any other denied parties lists under U.S. Export Laws. If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

 

  1. DISCLAIMERS

1)     Disclaimer of Warranties / Limitation of Liability

 

a.The Service is provided “as is” and our exposure to you is limited.

CRITIHOST SPECIFICALLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NO DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY PROVIDER AND PROVIDER DOES NOT WARRANT THAT THE SERVICE OFFERED OR PROVIDED BY PROVIDER IS FREE OF BUGS, ERRORS, DEFECTS, VIRUSES OR DEFICIENCIES. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER’S SERVICE TO CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSS OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND FEES PAID BY CUSTOMER TO PROVIDER FOR SERVICE, DURING THE PERIOD OF DISRUPTION OR MALFUNCTION. YOUR SOLE AND EXCLUSIVE REMEDY FOR DEFECTS IN THE SERVICE IS AS SET FORTH IN THIS SECTION OR IN THE SPECIFIC SERVICE LEVEL AGREEMENT, IF ANY, APPLICABLE TO THE SERVICE YOU ARE USING.

CRITIHOST’S SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CRITIHOST SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY OTHER PERSON MAY SUFFER. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT IN NO EVENT WILL CRITIHOST BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF CRITIHOST’S SERVICE) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF CRITIHOSTSERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF CRITIHOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES BUT IS NOT LIMITED TO ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF THE WEB HOSTING SERVICE, THE USE OF WEB HOSTING SERVICE, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO CRITIHOST’S WEB HOSTING SERVICE SYSTEM, THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND CRITIHOST, EVENTS BEYOND CRITIHOST’S REASONABLE CONTROL, THE NON-RECOGNITION OF THE CRITIHOST WEB HOSTING SERVERS, THE PROCESSING OF YOUR APPLICATION, THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR WEB HOSTING SERVICE, THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE ITS CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.

IN NO EVENT SHALL CRITIHOST’S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO CRITIHOST FOR THE SERVICE DURING THE PRIOR TWELVE MONTHS, OR $500, WHICHEVER IS LESS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, CRITIHOST’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

 

2)     Availability of Service

 

a.You understand and agree that interruptions of Service may occur due to scheduled or emergency maintenance, updates and repair by Critigost, or by strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other causes beyond Critihost’s control, as defined by standard practices in the industry. From time-to-time, it may become necessary for Critihost to stop, reboot, disable, reconfigure, re-route or otherwise interrupt the Service for indeterminate and unpredictable lengths of time. You agree that under no circumstances will Critihost be held liable for any financial or other damages due to such interruptions. In no event shall Critihost be liable to you or any other person or party for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. Such failure or delay shall not constitute a default under this Agreement.

  1. Critihost reserves the right to reset the password used to access a Service and Citihost Account, if, in our judgment, the current password is unsecure or not current. We may also reset the password used to access a Service or Critihost Account in connection with any security audit required by our data centers or any other third party with whom we contract to provide the Service.

 

  1. In our sole discretion, we may limit or otherwise restrict the amount of bandwidth, disk space or storage space available to you. We may also limit or restrict the Service in adherence to any new governmental regulations or policies that may arise, either domestically or internationally.

 

d.We reserve the right to refuse service. Notwithstanding the foregoing, we reserve the right to refuse access to the Service to anyone, at anytime, for any reason or no reason.

 

e.From time to time, it may be necessary for us to update certain software, applications and/or the Service without prior notice. An example of a needed update is an update from one version of PHP to another. The updated version may not be compatible with your Content and/or website(s), and your Content and/or website(s) may cease to function as expected following the update. In most all cases, we are unable to rollback or otherwise reverse the update. You are solely responsible for adjusting your Content and website(s) to and ensuring compatibility with the updated version and you agree that Critihost shall not be liable in any way for any loss or damage you or any other person or party may suffer as a result of our update to certain software, applications and/or the Service.

 

3)     Indemnification

 

a.Customer agrees to defend, indemnify and hold Critihost and its affiliates, directors, officers, agents and employees harmless from and against any and all claims, obligations, losses, damages, costs, liabilities and expenses (including reasonable attorneys’ fees and costs) incurred by Critihost arising from or due to any claim, action, dispute or demand made by any third parties (including customers of Customer) that are related to or arising out of your use of the Service or from your placement or transmission of any materials or Content onto Critihost’s servers. Such liabilities may include, but are not limited to: (a) false advertising claims against Customer (or customers of Customer), (b) liability claims for products or services sold by Customer (or Customer’s customers), (c) infringement or misappropriation of intellectual property rights, (d) violation of rights of publicity or privacy, defamation, libel, slander obscenity, or child pornography, (e) spamming or any other offensive or harassing or illegal conduct (including but not limited to any violation of our acceptable use policy, as set forth in this Agreement), or (f) any other damage arising from your equipment, your business, or your use of the Service.

 

  1. Critihost agrees to indemnify, defend and hold harmless Customer and its affiliates, directors, officers, agents and employees (collectively, the “Customer Group”) from and against any and all claims, obligations, losses, damages, costs, liabilities and expenses (including reasonable attorneys’ fees and costs) incurred by Customer Group arising from or due to any claim, action, dispute or demand (or any member thereof) to the extent arising from (i) any personal injury, death or physical damage to, or loss or theft of, tangible personal property caused by the gross negligence or willful misconduct of Critihost or its employees, agents or subcontractors, or (ii) infringement of any U.S. patent, copyright or other proprietary right resulting from Customer’s use of intellectual property solely developed or wholly owned by Critihost and used to provide the Service; provided, however, that, in addition to the foregoing indemnification, Critihost’s sole and exclusive liability with respect to this Section (K)(3)(b), and Customer’s sole and exclusive remedy with respect to this Section (K)(3)(b), is limited to Critihost making the Service non-infringing or arranging for Customer’s continued use of the Service by license or otherwise, but if either of the foregoing options are commercially impracticable for Critihost, in Critihost’s sole discretion, upon written notice to Customer, Critihost may cancel the directly affected Service, refund to Customer any prepaid fees for such cancelled Service and, if applicable, adjust Customer’s ongoing monthly fees for the continuing Service to account for such cancelled Service. Notwithstanding anything to the contrary in this Section (K)(3)(b), Critihost will have no indemnification obligation to Customer under this Section (K)(3)(b) for any infringement arising from (A) an unauthorized modification of the Service by Customer, (B) Customer’s combination of the Service with any intellectual property not developed or owned by Critihost if the Service would have avoided the infringement but for such combination by Customer, or (C) Customer’s failure to install updates, patches or other similar items provided by Critihost or the licensor of the intellectual property that is the subject of such a claim.

 

4)     Force Majeure

 

  1. Critihost shall not be liable to Customer or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, wars; or lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.

 

  1. MISCELLANEOUS

 

1)     End of Life Policy

 

a.We reserve the right to cease offering or providing the Service at anytime, for any reason or no reason, and without prior notice. Notwithstanding the foregoing, although Critihost makes great effort to maximize the lifespan of all its software and hardware, due to the ever evolving landscape of technology, there are times when a product or service we offer will be discontinued or reach its End-of-Life (“EOL”). In the event that a product or service has reached EOL, that product or service will no longer be supported by Critihost, in any way, effective on the EOL date. A list of products and services that have reached or will reach EOL is available on our Website. It is recommended that you check this list regularly. You are responsible for monitoring the “life status” of any Peripherals you may be using with or otherwise alongside the Service. You are solely responsible for preparing for and adjusting to the EOL of any Peripherals you may be using with the Service (including, but not limited to, updating, removing or replacing any products or services that have reached EOL). Critihost shall not be liable to you or any third party for any modification, suspension, or discontinuance of any of the products and services we may offer or facilitate access to.

 

b.In the event that any product or service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the product or service by migrating to a new product or service before the EOL date, or by entirely ceasing reliance on said product or service before the EOL date. Should you fail to so act, we may, with or without notice, migrate you to the most up-to-date version of the product or service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.

 

2)     Third Party Providers

 

  1. Critihost may subcontract the performance of certain services to third parties, and your use of the third party provided products and services shall be governed by any applicable license agreement, if any, with such third party and the third party’s terms and conditions. Critihost makes no representations or warranties, and shall not be liable for, the quality, availability, timeliness, accuracy or completeness (or lack thereof) of the information, products or services provided by any third party provider.

 

  1. Critihost is not the agent, trustee, representative or fiduciary of you or any third party provider in any transaction. Any transactions with third party providers shall be by and between the visitor and the third party provider. Any and all discounts and special offers of any third party may be subject to additional terms, restrictions and limitations.

 

3)     System Status

 

a.Without obligation, in an effort to be as transparent as possible, the status of our systems is made available on our Website. Our system status page is provided for informational purposes only and only provides information regarding known system issues and maintenance which may affect the Service.

 

  1. Critihost systems may be monitored for all lawful purposes, including, but not limited to: for system management, to facilitate protection against unauthorized access, to check on and verify survivability, operational security, system integrity and security procedures. During monitoring, information and Content may be examined, copied, recorded and used for authorized purposes. Your use of our systems constitutes your unconditional consent to such monitoring.

 

4)     Compliance with Law

 

a.You agree that you will use the Service offered by Critihost in a manner that is consistent with all applicable U.S. local, state and federal laws and regulations, regardless of whether or not you are a citizen of the United States. Customers found to be using our systems for illegal activities, including but not limited to breaking into remote systems, phishing, credit card fraud, theft, will have their accounts closed with immediate effect, without prior or further notice, and without refund of any fees. You are solely responsible for determining what laws and regulations are applicable to your use of the Service.

 

b.It is our policy to cooperate with law enforcement and administrative agencies, but we don’t just roll over and give them all of your info. Upon lawful request from a law enforcement or government administrative agency, Critihost may, without notice to you or your consent, provide the information requested by such agency to that agency.

 

5)     Taxes

 

a.If any federal, state or local governmental entity with taxing authority over the Service imposes a tax, duty or fee directly on the Service provided to you by Critihost under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Critihost may pass the direct amount of such tax on to you, and you shall promptly pay that tax.

 

6)     Severability

Any party’s failure to insist on compliance or enforcement of any section of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that section or of any other section of this Agreement.

 

7)     Relationship of the Parties

The parties intend that an independent contractor relationship will be created by this Agreement, and that no additional partnership, joint venture, employee, employer or other relationship is intended . You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership or venture with, nor as an employee or employer of Critihost, any of Critihost’s affiliates or its respective service providers. In addition to the foregoing:

Nothing in this Agreement is intended nor shall be construed to create any obligation of exclusivity between you and Critihost. Nothing in this Agreement is intended nor shall be construed as limiting or otherwise restrictingCritihost’s right, freedom and/or ability to enter into other, and different, relationships with other persons, firms, entities and parties, and we may, and will, enter into other, and different, relationships with other persons, firms, entities and parties. In addition, neither party undertakes, whether by this Agreement or otherwise, to perform any obligation of the other party, or to assume any responsibility for, without limitation, the other party’s actions, business or operations.

 

8)     Disputes

 

  1. This Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Exclusive venue for all disputes arising out of this Agreement shall be in the state or federal courts in Anne Arundel County, Maryland and we each agree not to bring an action in any other venue. You waive all objections to this venue and agree not to dispute personal jurisdiction or venue in these courts. You agree that you will not bring or participate in any class action lawsuit against Critihost, LLC or any of its partners, employees, subsidiaries, officers, licensors or affiliates. Each of us agrees that we will not bring a claim under the Agreement more than two years after the time that the claim accrued.

 

b.By using the Service, you agree to submit to binding arbitration. In the event any dispute or claim arises against Critihost, such dispute or claim shall be handled by an arbitrator of Critihost’s choosing selected from the American Arbitration Association or National Arbitration Forum in the state of Maryland. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to applicable rules. All decisions rendered by the arbitrator shall be final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, shall govern all arbitration under this Arbitration clause. Otherwise, the laws of the State of Maryland apply to the dispute. The prevailing party in such proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys’ fees and costs that the prevailing party incurred prior to commencing the proceeding.

 

  1. In no event will Critihost mediate any dispute or controversy arising between you and any third party. Critihost is unable to provide any legal advice or assistance. It is not our policy to adjudicate, validate or invalidate the substance, merit (or lack thereof) of any complaint we are served (such as complaints of copyright or trademark infringement, defamation, slander or libel) – such is left to the legal system and courts. Notwithstanding anything to the contrary, we will, without prior notice, remove or disable any Content or website any court of competent jurisdiction has ordered removed or otherwise disabled for whatever any reason.

 

d.If you violate any of the terms of this Agreement, any supplemental rules and guidelines, any of the terms of the respective service providers, or any rights of Critihost, we and any other harmed party reserve the right to pursue any and all legal and equitable remedies against you. If you are aware of any violations of this Agreement, please notify us at legal@critihost.com

 

9)     Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without Critihost’s prior written consent, which consent shall be at Critihost’s sole discretion and without obligation; any such assignment or transfer shall be null and void. Critihost is free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

 

10)  Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes and cancels any other agreements, proposals, communications and understandings, whether written or oral, between Critihost and you, other than as explained or incorporated by reference in the preamble of this Agreement.