Terms Of Service:
Disclosure to Law Enforcement: Subscriber agrees that HostCherry.com
may disclose all subscriber information to any law enforcement agents
without consent or notification to the Subscriber. In addition HostCherry.com
shall have the right to terminate all services of the Subscriber.
Service Rates: Subscriber acknowledges that the nature of
the service furnished and the initial rates and charges have been
communicated to Subscriber. For Monthly payment terms, fees for
account add-ons begin the next payment term for hosting services and
subsequent payments are due on the anniversary date of the payment
term for hosting services. For all other payment terms, the Subscriber
will be charged for account add-ons for the full months remaining in the current payment
term for hosting services and subsequent payments are due on the next
anniversary date of the payment term for hosting services. Subscriber
is aware that HostCherry.com may prospectively change the specified
rates and charges from time to time.
Payments and Fees: All payments
are final and nonrefundable! Accounts are set up on a
prepaid basis. Subsequent payments are due on the anniversary date of
the payment term for that term's service. Credit/debit cards will be charged
automatically each payment term until a proper request for
cancellation is received. There is a $1 declination fee each time a
credit/debit card is declined regardless of the reason. If you dispute a
charge to your credit/debit card issuer that, in HostCherry.com's sole
discretion is a valid charge under the provisions of the TOS and AUP,
you agree to pay HostCherry.com an "Administrative Fee" of
$100. All payments must be in U.S. currency.
Failure to Pay: Subscribers are responsible to keep their
e-mail address and credit/debit card information up to date with HostCherry.com
to avoid account cancellation if a problem should arise with the
processing of payment. Any account not brought current within 48 hours of e-mail notice or exceeding this time frame in any way is
subject to suspension. Accounts not paid by due date are subject to a
$10 late fee. Service interrupted for non-payment is subject to a $10
reconnect charge. A 10% annually finance charge is assessed to all
outstanding balances until payment has been received. Account may be
turned over to a collection agency if payment has not been received in
full within 30 days. If you desire to cancel your account, please
follow the proper procedure to do this as outlined in this TOS. Such
termination will not relieve Subscriber of responsibility for the
payment of all accrued charges, plus reasonable interest and any
Account Cancellation: All account cancellation requests
must be sent to email@example.com
and include the following information:
reason for cancellation
desire date of cancellation
last 4 digits of the credit/debit card used to pay (use postal code
if paid by e-check)
A cancellation confirmation e-mail will be sent to the primary
e-mail address on the account. Subscriber's account cancellation is
not complete unless Subscriber receives a confirmation e-mail with a
cancellation code. A cancellation code can only be generated if the
billing information for the Subscriber has been removed from our
If the domain name is registered
through a link on the
HostCherry.com website, the domain name will be
registered at Wild West Domains. Wild West Domains will charge the
Subscriber a registration fee for the new domain name. Wild West
Domains must be contacted for all issues relating to domain name
Domain Record Modification: The domain record
modification/transfer process is the complete responsibility of the
the domain owner. If you need assistance modifying your domain record,
please contact your domain registrar for technical support. HostCherry.com
will not provide excessive support resources assisting customers in
the domain record modification process. It is important to understand
that HostCherry.com has no more power to make modifications to a
Subscriber's domain record than a complete stranger would. The domain
name owner is completely responsible for the information (including
the name servers) that is contained within the domain record.
Technical Support Boundaries: HostCherry.com provides support
related to issues of the server not functioning within acceptable
established parameters. HostCherry.com does not offer support for
application specific issues and application/server conflicts with cgi
programming, html, asp, php, mysql, or any other such issue.
Backups: HostCherry.com performs periodic backups of critical
system files for emergency purposes. Subscribers should not rely on HostCherry.com
to perform site/data backups for them. Subscribers are responsible for
backing up their own data. MySQL backups can easily performed by
the Subscriber via the included control panel. Subscribers are
advised to backup all of their own files to their local drives.
Unsolicited Commercial E-mail (SPAM): HostCherry.com takes a
zero tolerance approach to the sending of Unsolicited Commercial
E-mail or SPAM over our network. Very simply this means that
Subscribers of HostCherry.com may not use or permit others to use our
network to transact in SPAM in any way. Violations of this policy
carry severe penalties, including termination of service.
Violation of HostCherry.com's SPAM policy will result in severe
penalties. Upon notification of an alleged violation of our SPAM
policy, HostCherry.com will initiate an immediate investigation.
During the investigation, HostCherry.com may restrict Subscribers
access to the network to prevent further violations. If a
Subscriber is found to be in violation of our SPAM policy, HostCherry.com
may, at its sole discretion, restrict, suspend or terminate
Subscriber's account. HostCherry.com reserves the right to pursue
civil remedies for any costs associated with the investigation of
a substantiated policy violation. HostCherry.com will notify law
enforcement officials if the violation is believed to be a
A violation of this policy will result in an
"Administrative Fee" of $150 and the Subscriber's
account will be terminated. Subscribers who violate this policy
agree that in addition to these "Administrative"
penalties, they will pay "Research Fees" not to exceed
$175 per hour that HostCherry.com personnel must spend to
investigate the matter. Please do not SPAM from your account or
even from an outside account that references a domain name that is
hosted by HostCherry.com.
Personal Account Security: Subscribers are
responsible for any misuse of their account. Subscribers must take
steps to ensure that others do not gain unauthorized access to their
account. It is the responsibility of the Subscriber to keep his/her
keep all scripts within their web space up-to-date and
secure on a daily basis.
Any vulnerable script found in
Subscriber's web space may be disabled or removed from
the server without notice at the discretion of management. If
Subscriber's web space is hacked due to Subscriber failing to keep all
scripts within his/her web space up-to-date and secure on a daily
basis, the account may be permanently removed from the server without
refund at the discretion of management or all files in Subscriber's
web space will be deleted and Subscriber will be required to recreate
and reupload Subscriber's files. If Subscriber's web space is hacked a
2nd time due to vulnerable scripts within Subscriber's web space, the
account will be permanently removed from the server without refund.
Third Party Accountability: HostCherry.com Subscribers will
be held responsible and accountable for any activity by third parties,
using their account, that violate HostCherry.com's AUP and TOS.
Subscribers are forbidden to allow 3rd parties to use
their web space unless the Subscriber is a company reseller.
Company resellers must take caution when allowing use of their account
by third parties. If a user of a reseller violates any of HostCherry.com's
policies, the reseller's account may be terminated without refund.
IP Address Usage: Our allocation of IP addresses is
limited by ARIN's policies. These policies state that use
of IP addresses for IP based virtual hosts will not be accepted as
justification for new IP addresses. What this means to you is that
we must use name-based hosting where possible.
Data Transfer and Disk Space Usage: Subscriber agrees
that data transfer and disk usage shall not exceed the number of
megabytes per month for the services ordered by Subscriber on the
Order Form (the "Agreed Usage"). HostCherry.com shall
have the right to take corrective action if Subscriber's data
transfer or disk usage exceeds the agreed usage. Such corrective
action may include the assessment of additional charges,
disconnection or discontinuance of any and all Services. If HostCherry.com
takes any corrective action under this section, Subscriber shall
not be entitled to a refund of any fees paid in advance prior to
such action. In the event that Subscriber exceeds the included
allocation, HostCherry.com may, at its sole discretion, collect a
deposit, in an amount determined by HostCherry.com, against
Subscriber's credit/debit card on file with HostCherry.com.
System and Network Security: Violations of system or
network security are prohibited, and may result in criminal and
civil liability. Examples include, but are not limited to the
following: Unauthorized access, use, probe, or scan of a systems
security or authentication measures, data or traffic. Interference
with service to any user, host or network including, without
limitation, mail bombing, flooding, deliberate attempts to
overload a system and broadcast attacks.
Suspension of Service or Cancellation: HostCherry.com reserves the right to
suspend and cancel service at any time for any reason without
credit or refund. Any violation of policies which results in extra
costs will be billed to the Subscriber. (i.e. transfer, space
etc.) Prior notification to the Subscriber is not assured. In
extreme cases, law enforcement will be contacted regarding the
Indemnification: Subscriber agrees that it shall defend,
indemnify, save, and hold us harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable attorney's
fees asserted against us, 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. Subscriber agrees to defend,
indemnify, and hold us harmless against liabilities arising out of;
(1) any injury to person or property caused by any products sold or
otherwise distributed in connection with our servers; (2) any material
supplied by Subscriber's infringing or allegedly infringing on the
proprietary rights of a third party; (3) copyright infringement and
(4) any defective products sold to customer from our servers.
Disclaimer: We will not be responsible for any damages your
business may suffer. We make no warranties of any kind, expressed or
implied for services we provide. We disclaim any warranty or
merchantability or fitness for a particular purpose. This includes
loss of data resulting from delays, non-deliveries, wrong delivery,
and any and all service interruptions caused by the hosting company
and its employees. We reserve the right to revise our policies at any
time. Subscriber further acknowledges that the HostCherry.com's
liability for its own negligence may not in any event exceed an amount
equivalent to charges payable by subscriber for services during the
period damages occurred. In no event shall the company be liable for
any special or consequential damages, loss or injury.
HostCherry.com reserves the right to revise its
policies and service(s) at anytime. If you do not agree with any
revision to the Agreement or change in service(s), you may terminate
this Agreement at any time by terminating your account following the
proper cancellation procedure as outlined in this TOS. You agree that,
by not terminating the account following any revision to this
Agreement or change in service(s), you shall be bound by any such
revisions and service changes. The current policy can be viewed 24
hours a day on the
HostCherry.com website at http://www.hostcherry.com/policy.html.
Acceptable Use Policy:
Illegal Use: HostCherry.com's services may not be used for
any purpose that violates any law, whether local, state, federal or
Fraudulent Activity: Use of HostCherry.com to violate any
applicable federal, state, local or international laws is prohibited.
You agree that you will not use HostCherry.com to commit a crime or
fraud, or to plan, encourage or help others to commit a crime or
fraud, including but not limited to engaging in a pyramid scheme, a
ponzi scheme, or sending chain letters.
Forgery or Impersonation: Use of HostCherry.com to
impersonate another user, falsify one's user name, age or identity in
e-mail or in any post or transmission to any newsgroup or mailing list
or other similar groups or lists is prohibited. You agree that you
will not forge any message header of any electronic transmission,
originating or passing through HostCherry.com.
Copyright or Trademark Infringement: Use of HostCherry.com
send or receive any information which infringes the patents,
trademarks, copyrights, trade secrets or proprietary rights of any
other person or entity is prohibited. This includes, but is not
limited to digitization of music, movies, photographs or other
copyrighted materials or software.
Adult Oriented / Objectionable Material: We expressly forbid
anyone from using our servers for the propagation, distribution,
housing, processing, storing, or otherwise handling in any way lewd,
obscene, or pornographic material, or any other material which we deem
to be objectionable, including, but not limited to, pornographic and
swim suit material, racist material, satanic material, and any and
all materials of an adult nature. The designation of any materials as
such described above is left entirely to the discretion of our
Unsolicited Bulk E-mail (SPAM): Even though HostCherry.com
cannot entirely control what e-mail our customers receive, we do take
action against Subscribers that use our servers to send SPAM. If it is
brought to our attention that one of our Subscribers is abusing their
account regarding SPAM, then we will immediately terminate the
offending Subscriber's account under the guidelines of our AUP and TOS.
E-mail / News Bombing: Use of HostCherry.com to send a
crippling number of files across a network is prohibited.
E-mail / Message Forging: Attempting to forged headers or
other identifying information is prohibited. Using deliberately
misleading e-mail addresses (firstname.lastname@example.org.NOSPAM) in news postings
in order to avoid SPAM e-mail address collectors is allowed.
Newsgroup SPAMing: Use of HostCherry.com to post a similar
item to more than three newsgroups or mailing lists is prohibited. All
post to any newsgroup must be in accordance with that newsgroup's
Network Disruptions: Use of the HostCherry.com for any
activity which affects the ability of other people to use HostCherry.com
Services or the Internet is prohibited. This includes denial of
Distribution of Viruses: Use of HostCherry.com to
intentionally transmit computer “viruses,” worms, “Trojan
horses” or other harmful software programs is prohibited. User must
make their best efforts to prevent the unintentional transmission of
such viruses or other harmful software.
Misuse of System Resources: HostCherry.com
hosting accounts operate on shared servers. What this means is there
are many other domains hosted on one server.
Excessive use of shared server resources by one
Subscriber could have a negative impact for all Subscribers hosted on
that server; therefore, we have certain restrictions regarding system
resource usage. Our intent is to provide web hosting for web pages to
our Subscribers for convenience of not having to worry about web space
and data transfer usage. Subscribers are prohibited from excessive
consumption of CPU and memory. Subscribers may not use
resource-intensive programs which negatively impact other customers or
the performance of the server. If the server performance is seriously
deteriorated by Subscriber's use of account resources,
may take corrective action which may, at
sole discretion, include the assessment of additional
charges at the rate of $1 per minute of downtime, disconnection,
and/or termination of any and all services.
Excessive Resource Usage: Resources are
defined as CPU usage, disk read/write usage, disk space usage,
bandwidth usage, and memory usage. This policy is only used in
extreme cases to prevent misuse and is in effect to keep our
servers fast and stable at all times. Subscriber's site shall not
use more than 15 simultaneous processes. A single process from a
Subscriber's site cannot use more than 10% of CPU or memory
resources for longer than 60 seconds. The sum of all processes of
a Subscriber's site cannot use more than 10% of CPU or memory
resources at any time. Binary files such as images, video and
sound (i.e. MP3, WAV, RA, GIF, JPG but not limited to those file
extensions) may only account for a maximum of 50% of the bandwidth
used by the Subscriber before Subscriber must upgrade to a higher
Background Running Programs: We do not allow programs to
run continually in the background. Port forwarders are not allowed
under any circumstances.
Unauthorized Processes: Subscribers may not run
unauthorized processes from their account due to adverse effects
on server load, invitations to hackers/spammers/criminal activity,
etc.. This includes but is not limited to:
IRC bots, bouncers, clients
Shell, SSH, Telnet Scripts and Alternatives
ICQ clients or any form of instant messaging service
Any script that uses & processes a massive number of flatfiles
or large flatfile databases
Multiple Accounts: Subscribers are not allowed to use
multiple accounts to avoid overages. (Example: A download company
orders two accounts. The company places some files on each account
to avoid paying for additional disk space. This is not allowed.)
Chat Rooms: We do not allow Subscribers to install chat
rooms. Chat rooms tend to use an excessive amount of systems
resources and we cannot allow
it as an account option on our shared servers. The chat rooms that
we provide are ok to use.
Forums: Subscribers are prohibited from installing
forums without approval from HostCherry.com. There is generally no
cost to run a forum. If the forum uses an excessive amount of
system resources, an extra charge will be incurred based on system
resources used by the forum. Forum software using flat-file
databases (e.g. UltimateBB, YaBB, IkonBoard flat-file version) are
Forums configured to allow visitors to post without
logging in are not allowed under any circumstances.
Comment Scripts: Scripts that allow
visitors to post comments on your site are allowed only under the
Subscribers must monitor all comments
and take corrective actions within 24 hours for all
that violate our
Terms of Service and Acceptable use policies.
Subscribers must delete all comment spam within
24 hours from the time the spam was posted.
Subscribers that receive more than 10 instances
of comment spam per day must implement a CAPTCHA or remove the
Disk Space: All (90%) of Subscriber's web pages
must be 'linked' with files stored on the server. Sites that
are being used as storage for backups are prohibited.
Sites with massive amounts of automatically generated
are prohibited; this
includes but is not limited to pages created for the purpose
of search engine spamming.
to contain no html documents, a large number of unlinked files, or
sites being used as mirrors are prohibited. Sites used for the purpose of being a repository for graphics, cgi
scripts, multimedia files, or any other type of file
cancellation without refund at the discretion of management.
Multimedia repository sites
are deemed to be sites whose
disk space usage for storing binary files exceed 50% of its total
usage, either in terms of total size or number of files.
Sites with files running from their domain used on other
E-mail: Maximum mailbox size is 10 MBs. Spam from
mailboxes must be promptly deleted. Important e-mails must be
downloaded. Sites cannot send more than 100 e-mails per hour
nor more than 1,000 per day. Sites that need to send between 1,000 and 5,000
non-SPAM e-mails per day will need to upgrade to a mail server for
an additional $40/month. Sites that need to send more than 5,000
non-SPAM e-mails per day must contact the sales department to make
special arrangements. Sending a single email to more than 10
recipients is endangering the overall server performance;
each individual e-mail sent by the Subscriber must not
have more than 10 recipients.
Unauthorized Access: We will strongly react to any use or
attempted use of an Internet account or computer without the owner's
authorization. Such attempts include "internet scamming"
(tricking other people into releasing their passwords), password
robbery, security hole scanning etc. Any unauthorized use of accounts
or computers by a user, whether or not the attacked account or
computer belongs to us, will result in action against the attacker.
Possible actions include warnings, account suspension or cancellation,
and civil or criminal legal action.
Collection of Personal Data: Use of HostCherry.com to
collect, or attempt to collect, personal information about third
parties without their knowledge or consent is prohibited.
Harm to Minors: Use of HostCherry.com to harm or attempt to
harm a minor, including but not limited to using HostCherry.com to send
pornographic, obscene or profane materials is prohibited.
Threats And Harassment: Use of HostCherry.com to transmit any
material that threatens or encourages bodily harm or destruction of
property or which harasses, abuses, defames, or invades the privacy of
any other person or entity is prohibited.
Unfriendly Activities: HostCherry.com users must be courteous
and respectful at all times. Refrain from obscene, offensive, or rude
language. Abusing or harassing other users or staff members by any
method is prohibited and will result in cancellation of Subscriber's
account. Please respect the rules, others with whom you share the
service, and the staff members who work hard to improve upon and
provide you these services. Adherence to these guidelines will help to
make use of the service a positive experience. If an issue arises that
simply infuriates you, please consider canceling your account.
Personally Identifiable Information: Privacy
concerns center on information that can be associated
with a particular individual or entity. This information
is often referred to as "personally identifiable
information" and includes, for example, such things as a
customer's name, address, telephone number, or e-mail
- Disclosure: HostCherry.com will not
disclose to outside parties any personally identifiable
information obtained from the registration for or use of
HostCherry.com's services without the consent of the
customer (except as required by subpoena or other legal
process, cases where HostCherry.com suspects fraud, or in
the case of imminent physical harm to customers or
others). When HostCherry.com uses agents, contractors or
other companies to perform services on its behalf,
HostCherry.com will require that they protect your
personally identifiable information consistent with this
- Collection and Use of Personally Identifiable
Information: HostCherry.com collects and uses
personally identifiable information obtained from you
and from other sources for billing purposes, to provide
and change service, to anticipate and resolve problems
with your service, or to identify, create and inform you
of products, services or special offers that better meet
your needs. HostCherry.com will not sell or disclose any
of your personally identifiable information to other
companies or organizations without your consent, unless
compelled by a court order or subpoena. We reserve the
right, however, to convey any information we collect
from or about you to a successor-in-interest or business
partner. In accordance with the Federal Children's Online
Privacy Protection Act of 1998 (COPPA),
will never knowingly request personally identifiable
information from anyone under the age of 13 without
first requesting verifiable parental consent.
- Collection of Internet Usage Data:
HostCherry.com's network gathers information about
Internet usage such as IP address information of users
connecting to your site, IP address information of FTP
transfers, number of e-mails sent, and data transfer
- E-mail: HostCherry.com will not read your
outgoing or incoming e-mail except in cases where
HostCherry.com suspects a user is violating Terms of
Service and Acceptable Use Policies.
HostCherry.com or its
agents may store e-mail messages for a brief period of
time and could be compelled to disclose the messages in
order to comply with a court order or subpoena, if it is
necessary to disclose this information to protect
HostCherry.com's network or an individual's safety or
- Security: HostCherry.com has in place security
measures and policy guidelines to protect your customer
identifiable information from unauthorized access.
- Improper Conduct: HostCherry.com may also use
customer identifiable information to investigate and
help prevent potentially unlawful activity or activity
that threatens the network or otherwise violates the
Terms of Service and Acceptable Use Policies.
- Updates: HostCherry.com may at any time, without
notice to you and in its sole discretion, amend this
statement from time to time. Please review this
statement periodically. Your continued use of
HostCherry.com services after any such amendments
signifies your acceptance thereof.
- Customer Concerns: If you have questions or
provides cheap personal web hosting while providing the very
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is fully meshed and redundant with 8 backbone providers for a
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the leading cheap personal web hosting provider in the industry,
our goal is to provide our customers comprehensive resolutions to problems
in a quick timeframe. Our help desk system routes technical support
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your issue. Our current average help desk response time is 9 minutes 58 seconds.