Green Ham Solutions, Inc.

Hosting Terms and Conditions

Last Updated: December 1st, 2010

Green Ham Solutions, Inc. ("Company") agrees to provide you ("Client") with shared web hosting ("Services") for a monthly, quarterly, or annual fee. Company will never require clients to advertise for Company on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Clients are allowed to use the service for business, commercial, or personal websites or content. Company reserves the right to change this agreement at any time without notice.

All services provided by Company may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statute. The subscriber agrees to indemnify and hold harmless Company from any claims resulting from the use of the service which damages the subscriber or any other party. Violation of indecency and obscenity laws can result in criminal penalties.

Banned Scripts

You are free to use any scripts you wish provided they do not affect the normal operations of the server. In the event a script affects normal server and/or administrative operations, Company reserves the right to disable your Services pending client cooperation and resolution.

Intellectual Property Rights

Material accessible to you through the Services may be subject to protection under the United States of America (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Services in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Services. If you use a domain name in connection with the Services or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Defamation

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service

Company reserves the right at its sole discretion to refuse or cancel service. Violation of any of Company's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.

Spam or Unsolicited E-Mail

You must not use the Services in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Services. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, Company reserves the right to disable your Services without warning. In addition, Company may impose a $50 penalty for each spam policy violation. Company solely reserves the right to refuse or cancel service to known spammers. Lastly, Company reserves the right to determine what violates this policy. As such, any violation may result in cancellation of the Services without refund.

Abuse

Any attempts to undermine, slander, libel, threaten, or cause harm to a Company server, customer, employee, or the Company directly is strictly prohibited and is grounds for immediate termination of the Services without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Staff Abuse

Company has a zero tolerance policy for abuse directed towards our staff. Use of foul or offensive language, threats, or any other actions we may find offensive is grounds for immediate suspension or termination of the Services without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or chargeback.

Indemnification

Client agrees that it shall defend, indemnify, save and hold Company (or its employees/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Company, 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 Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Company against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Company; (2) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement. Client agrees to limit the liability of Company to the amount paid for service.

Refund and Cancellation Policy

For payment, Company accepts payments via PayPal, a 3rd party payment processors. Company invoices exclusively via e-mail. Company does not send out invoices via postal services.

You may cancel your account at any time and receive a full refund (excluding any setup fees or domain name registrations fees incurred) if canceled within thirty (30) days of your initial purchase. To receive this refund, you may not be on a custom package of any sort. You must be on one of the pre-created packages by Company that is listed on our site. You may cancel for any reason. Refunds are not available if the account has violated any of these Terms and Conditions.

If after thirty (30) days of your initial purchase you wish to cancel your Services, you will receive no refund of any monies already paid to Company.

The Client may cancel service by providing no less than forty-eight hours (48) hours prior notice by sending e-mail notice to hosting@greenhamsolutions.com. Company does not accept cancellations via telephone, live chat, or any other method except e-mail. If cancellation notice is not received within the required timeframe, the Customer will be billed for the next Billing Term and responsible for payment as set forth.

No refunds are available on SSL Certificates.

Late Payment

Please note all payments are done automatically monthly, quarterly, or annually.

Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, clients are given a 10 day grace period after which the account is put on suspension. Once the invoice is late a late fee of $10 will be automatically added to the invoice.

You will receive a payment reminder every day from the start of your payment due date. If after thirty (30) days payment has not been received or we have not been contacted regarding payment, your Services will be terminated without any further notice. Reactivation of closed accounts due to delinquency incurs a $25 reactivation fee as well as payment of the balance due in full. For late payments please e-mail hosting@greenhamsolutions.com to arrange payment.

Disclaimer

Company will not be responsible for any damages your business may suffer. Company makes no warranties of any kind, expressed or implied for services we provide. Company disclaims 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 Company and its employees. Company makes no uptime guarantee.

Company keeps daily backups. While Company tries its best to keep recent working backups, we are unable to provide any guarantee for the accuracy, date, or integrity of its backups. Company can accept no responsibility for any loss of data or consequences arising from this. Company always advises clients to back up their site data regularly for their own protection.

Company furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of Company. A Client's failure to comply with those laws will violate this policy. If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Company then Company will not be responsible for maintaining hosting for the resellers customers.

Finally, Company wishes to emphasize that in accepting services, you, the Client, indemnify Company for the violation of any law or Company policy, that results in loss to Company or the bringing of any claim against Company. This means that if Company is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Company, plus costs and reasonable legal fees.

Failure to comply with any of our Terms & Conditions will result in grounds for immediate account deactivation and termination of Services.

Changes & Amendments

Company reserves the right to change, edit, or update the policies contained in this document, along with the content on our website at any time for any reason without notice.

IP Address Limits

Due to a shortage of IP addresses around the world, each dedicated IP must be requested via e-mail to hosting@greenhamsolutions.com and will only be given if the requester has a complete and valid reason. Dedicated servers will be charged a one time fee of $10 for each order.

"Unlimited" Terms

The use of the any unlimited disk space or bandwidth package is subject to the following terms:

All accounts must have valid, working websites, and not violate any previously subscribed terms.
Accounts are not for use of mass storage of backups, files, audio, video, zip files, or similar.
Accounts are not for the use of mass distributing of files such as torrents or mirrors.
Any accounts found to violate these terms may be suspended without notice until the account holder agrees to resolve the issue.

Server Limits

25% CPU and/or memory usage for 3 minutes.
Combined 5% CPU & RAM over 24 hours.
250 email limit per domain per hour.
50 concurrent database connections at one time.
Apache threads to be open no longer then 999 seconds.
PHP upload limit of 15 MB.
Max PHP session time of 300 seconds or less.

Limits are subject to change at anytime.

Full-service, custom web solutions.

"Not only did we receive software designed to our specifications, Green Ham Solutions made many important suggestions which resulted in an application that was even better than we initially envisioned."

"Green Ham Solutions met the exact specifications of our quote system project and turned it around to us in a very timely manner. Professional through and through!"