1.) Account Setup / Contact Email
We will setup your account after we receive payment and we and/or our payment processor has screened the payment for possible fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up. If we need to contact you, we will use the primary email address on file. It is your responsibility to ensure that the email address on file is up to date at all times. Providing false contact information of any kind may result in the termination of your account. In certain situation it may be necessary for you to provide a copy of your government-issued ID and/or a copy of the credit card used for the purchase. If you fail to meet these requirements, the order may be denied.

Transfers
Our transfers team will make every effort to help move your site to our servers; however, we can not guarantee it will happen. We provide this as a courtesy service and can not make guarantees regarding the availability or the amount of time it may take. We will try our best; however, in some cases we may be unable to assist you in the transfer from another host.

2.) Content
All services provided by CheapStuff may only be used for lawful purposes. The laws of the State of Wyoming and the United States of America apply.

The customer agrees to indemnify and hold harmless CheapStuff from any claims resulting from the use of our services.

Use of our services to engage in copyright or trademark infringement is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@CheapStuff.com with the information required. We may require further documentation to prove you are the legal holder of the copyright or trademark.

Examples of unacceptable material on all Shared and Reseller servers include:

 

Examples of unacceptable material on Dedicated servers include:
 

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice. If you have any questions over the acceptability of your site or service, please contact abuse@CheapStuff.com and we will be happy to assist you.

Failure to respond to an email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via a trouble ticket or email and will receive a response within 48 hours.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita). Any site found to be hosting child pornography or linking to child pornography will be suspended immediately without notice and without refund.

Resellers: we will suspend the site in question and notify you so you may terminate the account. We will further monitor the activity of websites under your service.  More than one infraction of this type will result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

 

3.) Zero Tolerance Spam Policy
We hake a zero tolerance policy against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

CheapStuff reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

CheapStuff reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of CheapStuff.

4.) Payment Information
You agree to supply appropriate payment for the services received from CheapStuff, in advance of the time period during which such services are provided. You agree that services will be billed on a recurring basis unless you notify us of your intention to cancel the service no less than 48 hours before the next billing cycle.

Cancellations must be submitted by email. Click here to cancel your service.  Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.

As a client of CheapStuff, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. CheapStuff provides a 5-day grace period from the time the invoice is due and when it must be paid. Any account that is overdue more than 5 days will be suspended.  Accounts not paid within 30 days of the original due date will be cancelled and removed from our servers.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact support@CheapStuff.com.

CheapStuff reserves the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss
Your use of the service is at your sole risk. CheapStuff is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on CheapStuff servers.

6.) Cancellations and Refunds
CheapStuff reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.  This includes using profanity in support tickets, emails or online Help messages.

Customers may cancel at any time by emailing us.  Service fees are not refundable.

We do not issue refunds for hosting services, administrative fees, install fees for custom software, or domain name purchases. You may cancel your service at any time but no refund will be issued.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

7a.) Resource Usage
User 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) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing or peer-to-peer activity.
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
h) Run cron entries with intervals of less than 15 minutes.
 

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

7b.) INODES
The use of more than 50,000 inodes on any shared account may result in suspension of your account. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, 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.  The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, messages build up and eventually push the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: "No such user here."

8.) Bandwidth Usage
All of our hosting packages now come with unlimited bandwidth.  Accounts are set up with an initial allotment of 1Mb bandwidth.  If your account exceeds 1Mb we will automatically increase your allotment without charge.  We reserve the right to terminate any website that uses a disproportionate amount of bandwidth.  While we do reserve this right, we have not yet had to terminate anyone's account for excessive bandwidth usage.

9.) Uptime Guarantee
If your reseller server has a physical downtime that is not within the 99.9% uptime you may receive a credit on your account. Approval of the credit is at the discretion of CheapStuff dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact support@CheapStuff.com with appropriate documentation. All requests must be submitted by email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. CheapStuff does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. CheapStuff will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

11.) Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semidedicated servers are not backed up. You must maintain your own backups.

12.) Dedicated Servers
CheapStuff reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. CheapStuff reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact sales@CheapStuff.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

13.) Price Change
The amount you pay for hosting will not increase after the date of purchase. You will always pay the same amount as when you signed up.  We reserve the right to change prices listed on CheapStuff.com, and the right to increase the amount of resources given to plans at any time.

14a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold CheapStuff harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against CheapStuff, 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 CheapStuff against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with CheapStuff; (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 CheapStuff's server.

14b.) Arbitration
By using any CheapStuff services, you agree to submit to binding arbitration. If any disputes or claims arise against CheapStuff or its subsidiaries, such disputes will be handled by an arbitrator of CheapStuff's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

15.) Disclaimer
CheapStuff shall not be responsible for any damages your business may suffer. CheapStuff makes no warranties of any kind, expressed or implied for services we provide. CheapStuff 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 CheapStuff and its employees.

16.) Disclosure to law enforcement
CheapStuff may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.  We will fully cooperate with law enforcement agencies.

17.) Changes to the TOS
CheapStuff reserves the right to revise its policies at any time without notice.