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Curve Dynamics Terms and Conditions
Use of Curve Dynamics Web site and services constitutes agreement to these terms of service.
The customer agrees to indemnify and hold Curve Dynamics harmless from any claims resulting
from the use of our services.
30-Day Money Back Guarantee Policy
If you are not satisfied with the services you have received within the first 30 days, you
are entitled to a full refund. Only first-time accounts are eligible. After the first 30-day
period, you must make a normal cancellation request and will not receive a refund. Please contact
the Support Center if you want to request a refund.
99.9% Uptime Guarantee Policy
If you experience a disruption in service during any month that results in less than 99.9%
uptime for that month period, you are entitled to a credit equal to your current month's payment.
Approval of the credit is at the discretion of Curve Dynamics pending proof of service
inavailability. Curve Dynamics will investigate the disruption and utilize the appropriate server's
Apache Web logs to determine the scope and length of the interruption. Third-party monitoring
services and tools will not be accepted as justification. If you believe there has been a
disruption that qualifies your account for a credit, please notify the Support Center.
Content Policy
All services provided can only be used for lawful purposes. The laws of the State of Indiana, State of Florida, the State of Texas, and the United States of America apply. Any use that infringes upon any copyright or registered trademark is prohibited. Curve Dynamics services, including servers and equipment, are for use only by authorized customers. The systems are regularly monitored for lawful purposes to facilitate protection against illegal use. Use of Curve Dynamics constitutes consent for this monitoring. Violations will be reported to the appropriate law enforcement agency.
We reserve the right to refuse or suspend service for any material we judge to be obscene, threatening, illegal, or otherwise violates our terms of service. Accounts of this nature may be removed or suspended with or without notice. Failure to respond to emails regarding abuse within 48 hours may result in suspension or termination of your account. If you are in doubt about whether your content is acceptable, please contact the Support Center and we will assist you.
Spam Policy
The sending of unsolicited email, bulk email, and spam is strictly prohibited. Sites advertised via Spam may not be hosted by Curve Dynamics. No organization listed in the ROKSO may be hosted on our servers. If any client account causes the Curve Dynamics servers to be blacklisted, the client will be held responsible and charged for any clean-up fees incurred for removal, at the full discresion of Curve Dynamics.
Payment Information
Services are billed on a recurring bassis, and you agree to supply the appropriate payment in advance of the time period during which the services are provided. Unless you notify Curve Dynamics of your intent to cancel--including periods during account suspension--you will continue to be billed and held liable to those costs.
To cancel service, please contact the Support Center. You will receive an email to confirm your request, and will be allowed access to your account until the end of the billing period. After the billing period expires, your account and any associated files will be deleted.
Payments that have been sent more than once for a billing period cannot be refunded. They can only be added as credits toward your account and will not be refunded.
Data Loss Policy
Your use of Curve Dynamics services is at your own risk. The backup service included is provided as a courtesy, and Curve Dynamics is not responsible for the content residing on your account.
Resource Usage
You may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy).
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities.
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
h) Run cron entries with intervals of less than 15 minutes.
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc.) on your account uses up 1 inode. Accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.
Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Price Change
We reserve the right to change the prices for services offered. However, your billing amount will not increase from your date of purchase immediately after a price change. The amount you pay for hosting may change at most once every 12 months.
Coupons
Coupon abust will not be tolerated and may result in account suspension or termination. Coupons are reserved for first-time customers only.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Curve Dynamics harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Curve Dynamics, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Curve Dynamics against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Curve Dynamics; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Curve Dynamics's servers.
Disclaimer
Curve Dynamics shall not be responsible for any damages your business may suffer. Curve Dynamics makes no warranties of any kind, expressed or implied for services we provide. Curve Dynamics disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Curve Dynamics and its employees.
Changes to TOS
Curve Dynamics reserves the right to change or revise policies at any time with or without notice.
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