CaboHosting | CaboHosting (“The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of CaboHosting Service constitutes acceptance and agreement to CaboHosting’s AUP as well as CaboHosting’s TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of CaboHosting and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
Customer warrants, represents, and covenants to CaboHosting that
(a) You are at least eighteen (18) years of age;
(b) You possess the legal right and ability to enter into this Agreement;
(c) You will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines;
(d) You will be financially responsible for the use of your account;
(e) You have acquired or will acquire all authorizations necessary for hypertext links to third-party Web sites or other content;
(f) You have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted;
(g) Your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
The following are NEVER permitted on any CaboHosting servers at any time, for any reason:
(a) Nudity of any kind or description is not permitted. There are no exceptions.
(b) Sex sites, sex-toys, Pornography, Pornographic Web pages, Web Sites, URL’s (links to sex, porn sites, etc) are never permitted. This includes Soft Porn, and Sex/Porn Games or links to any off the items mentioned in (b).
(c) Warez, Pirated, Hacked, Cracked software or programs or serial numbers/keys/programs used to violate copyrighted software, or links to sites that provide any information including scripts, programs, or downloads. Violators will be reported to the appropriate authorities or software companies.
(d) The express information, links, files that are used to Hack, Crack, Phreak, and any other form of malicious activity that will violate the privacy or property of any individual. This includes but is not limited to instructions for obtaining private information, for instructions on how to disrupt, destroy, damage the personal property of any individual, organization, or company.
(e) The storage of commercial software, video, motion picture, music, ebook, or any item that is licensed/copyrighted/trademarked, for download, this way the piracy prohibition cannot be abused. (The only exceptions are software companies who sell their software and show proof of ownership, OR licensed vendors, who must show proof of licensing.)
(f) The storage of any Music, Motion Pictures, Videos, Pictures, Photographs, Books, E-books in any file format that is copyrighted and not owned by the Account Owner. This includes, but is not limited to: mp3’s, oog’s, wav’s, mid’s, wma’s, mpeg’s of any format, avi’s and any other multimedia file format not mentioned here.
(g) The use of any graphic, logo, trademark’s that are copyrighted and/or are protected by law.
(h) Free email services. This means you can give email accounts away to clients/friends. What you cannot do, is offer free email accounts from your website to anyone.
(i) No File Servers: This means you can keep your files and your files that are backed up. What is not permitted are massive file libraries like those for gaming backgrounds, etc. If you think you may conflict with this, contact us with a description of what you wish to store on the server.
1- Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition CaboHosting shall have the right to terminate all service set forth in this Agreement.
2- Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
3- Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service. If the subscriber used a Credit Card or another subscription method (paypal subscription) to make the payment in the signup process, they agree that our system will attempt to charge the amount every period automatically. If you desire to cancel your service, please follow the proper procedure to do this as outlined in this TOS. The above applies to all accounts and services provided by CaboHosting.
4- Payments and Fees: Service will be interrupted on accounts that reach 10 days past due. If your account is suspended for thirty days (30) for non-payment, the thirtieth (30th) day your account will be deleted. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
5- Refund and Disputes: All payments to CaboHosting are nonrefundable. This includes domain name registration/renewal/transfer fee, the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer or to Paypal that, in CaboHosting’s sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay CaboHosting an “Administrative Fee” of not less than $50 and not more than $150.
6- Failure to Pay: CaboHosting may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. If the service is paid through subscriptions, the user agree this subscription has been created by the user and he/she agree the payment processor will automatically charge for the service. Any chargeback or dispute of a subscription payment is a violation of this policy and give CaboHosting all the rights to suspend all the services of the user until the situation is clarified and any payment and administrative fees has been settled.
7- Account Cancellation: Requests for canceling accounts may be made in writing with at least 10 days notice but not more than 60 days prior written notice.
CaboHosting’s method of cancellation is via the Client Area. Please log into your Client Area and you can request to have your account cancelled.
Please note if you request an account closure this will be closed immediately, if you wish we close it at the end of the current paid term, please clarify it in your request. If there are any domain name registered for free as a special package with your hosting service and linked to the hosting account this will be also marked as canceled and will not be renewed unless you specify in your closure request. We do not give refunds for unused time.
8- Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. In no event shall the company be liable for any special or consequential damages, loss or injury.
9- Support Boundaries: CaboHosting, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: CaboHosting provides support related to your account functioning. CaboHosting does not offer tech support for application specific issues such as cgi programming, html or any other such issue. CaboHosting does not provide technical support for YOUR customers. If you are able to get online and have other questions, the answers may be on our home page, we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting tech support.
10- SPAM and Unsolicited Commercial Email (UCE): CaboHosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of CaboHosting may not use or permit others to use our network to transact in UCE. Customers of CaboHosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
11- Violation of CaboHosting’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, CaboHosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, CaboHosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, CaboHosting may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, CaboHostingreserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. CaboHosting will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an “Administrative Fee” of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $175 per hour that CaboHosting personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
12- SPAM sent from a hacked account continue being the customer responsibility. Based in our vast experience, an account is hacked and many times used to send spam from the server due to a weak passwords, an outdated script/module (Wordpess, Joomla, etc.) in the account or a trojan in the user’s computer disclosing the hosting account access credentials and then gaining access to it to send SPAM. As we have clarified, this continue being the customer responsibility, to avoid it, simply keep your passwords strong and change it frequently, keep your installed scripts and its modules updated and scan your computers for virus/trojan frequently. We have zero spam tolerance which means any spam sent from your account with or without your consent continue being your responsibility and is a policy violation, consequently we have the rights to suspend and cancel your account anytime.
As our Customers are ultimately responsible for the actions of their clients over the CaboHosting network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
IMPORTANT NOTICE: Anyone hosting websites that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately removed from our server.
Network
1- IP Address Ownership: If CaboHosting assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to CaboHosting, and Customer shall have no right to use that Internet Protocol address except as permitted by CaboHosting in its sole discretion in connection with the Services, during the term of this Agreement. CaboHosting shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by CaboHosting, and CaboHosting reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new 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 you must use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
2- Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). CaboHosting will monitor Customer’s bandwidth and disk usage. CaboHosting shall have the right to take corrective action if Customer’s bandwidth 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, or termination of this Agreement, which actions may be taken is in CaboHosting’s sole and absolute discretion. If CaboHosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation.
3- System and Network Security: Users are prohibited from violating or attempting to violate the security of the CaboHosting Network. Violations of system or network security may result in civil or criminal liability. CaboHosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
– Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
– Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization and can result in immediate suspension of all services.
– Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing” or ANY activity that disrupts the normal service at any time.
– Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
– Taking any action in order to obtain services to which such User is not entitled.
– Selling services that are the property of CaboHosting is strictly forbidden and will result in immediate suspension of service.
Notification of violation:
1- CaboHosting is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
2- First violation: Any User, which CaboHosting determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at CaboHosting’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
3- Second Violation: Users that CaboHosting determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
4- We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
5- Suspension of Service or Cancellation: CaboHosting reserves the right to suspend network access to any customer if in the judgment of the CaboHosting network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which CaboHosting chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.
6- Indemnification: CaboHosting wishes to emphasize that in agreeing to the CaboHosting Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies CaboHosting for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to CaboHosting or the bringing of any claim against CaboHosting by any third-party. This means that if CaboHosting is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against CaboHosting, plus all costs and attorney’s fees.
7- Miscellaneous Provisions: You must provide us with, and keep current, good contact information. E-mail, fax, and telephone contacts are used, in that order of preference, and are the users/clients responsibility to update and maintain as current.
Subscriber shall not transfer or assign this Agreement without the prior written consent of CaboHosting. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
CaboHosting takes no responsibility for any material input by others and not posted to the CaboHosting Network by CaboHosting. CaboHosting is not responsible for the content of any other websites linked to the CaboHosting Network; links are provided as Internet navigation tools only. CaboHosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
CaboHosting is not responsible for any damages or loss of data that results in loss of income. CaboHosting will never reimburse any person, persons, organization or business for downtime or loss of data. CaboHosting does not make implied or written warranties for any of our services. CaboHosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by CaboHosting.
8- Responsibility for Content: You, as CaboHosting’s customer, are solely responsible for the content stored on and served by your CaboHosting server. Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.
9- Denial of Service: CaboHosting reserves the right to refuse service to anyone at any time for any reason.
CaboHosting reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of CaboHosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
Special offers
Some of our hosting accounts come with a domain name registration/renewal for Free if the hosting service is paid for one year in advance. If the domain expires because the client did not follow the necessary steps to transfer, register or renew the domain, CaboHosting will not be responsible for it.
This offer is only available if the domain and hosting account are purchased in the same order and/or the domain name registration date and the hosting renewal date are the same. The registered domain must be the main hosting account domain name without exception. If in the future the client decides to change the main hosting account domain name, the old domain name Free registration will be switched to a paid one. The client can contact us to work out the new domain name registration for Free. Note as explained above, the domain registration date and the hosting renewal date must be the same, if they are not, a prorated invoice for the hosting service can be generated to match the date so we can provide you with the Free domain registration with your yearly hosting service. If you have signed up and paid for hosting and you got the free domain registration and then you have requested cancel your hosting account based in our 45 days money back guarantee policy then the domain cost plus administrative fees will be deducted from your total payment refund.
30 days money back guarantee
Each CaboHosting web hosting plan carries a 30 days money back guarantee.
If you are not completely satisfied with our services within the refund time period specified for your plan, you will be given a full refund of the contract amount excluding setup fees, domain fees and overages.
This policy is for new clients testing for first time our services, do not apply for additional accounts for existing clients.
This policy does not apply to any additional services such as overages, disk space, bandwidth, domain registration/transfer, etc. It does not also apply to Dedicated Servers accounts, or any fees associated with these accounts.
Accounts cancelled/terminated by CaboHosting for violating our Acceptable Usage Policy or Service Policies do not qualify for the 45-days money back guarantee. For example, if your account is cancelled due to spamming, warez, you will not be given any refund.
To receive a full refund you must let us know why you are not satisfied. This collation of information is used to improve and provide the highest quality service possible for our present and future customers. To receive a full refund, please open a ticket at the Sales department and let us know the reason and send us your account information (username, password, etc). Any cancellation request will be effective upon receipt and must contain the account information (domain name, username, password). Without these information the account closure will not be completed.
The 45 days money back guarantee is available only one time per client or per account.
Aditional point for resellers
Our company works as a team with yours, poor or rude behavior will not be tolerated.
Programming and software support will require hourly rates to be charged to your account.
It is your responsibility to make sure you charge your clients accordingly. You may charge what you like.
Email spamming will result in shut down of any of your clients domain producing the effect.
You must provide all Direct Support to any resold packages under your account including billing. CaboHosting will not provide direct support to anyone other than the reseller designated contact.
It is the reseller’s responsibility to take care of his/her customer, unless the problem can’t be solved by the reseller.
Resold accounts can’t exist without the reseller’s accounts. So if the reseller’s account is cancelled for some reason, resold accounts either have to be cancelled or must be moved to fully paid accounts.
We are not responsible for any fraud made by the reseller’s customers. Please make sure of the validity of any account you are reselling.
We are not responsible if a client of a reseller finds out that CaboHosting is the ultimate provider of the service. This includes placing the name of CaboHosting (or any other identifying information) by error in the control panel of resold accounts, if the customer finds out about us with a network tools, and other events.
Only resellers are allowed to use our tech support sections in their pages, and they must be expunged if the resellers cancel their account with CaboHosting. If any person, client or not, is found using our content without our permission, we will pursue the issue legally.
It is the reseller’s responsibility to watch over his/her customer’s correct usage of their accounts.
CaboHosting’s technical support limitations
Please be aware that CaboHosting does not provide support for:
– Web site design questions.
– HTML, CGI, Java or other programming “how-to” questions.
– Client control panel management, account creation, email address creation, etc.
– Software installation.
– Upload/Download files.
– CaboHosting is not responsible for teaching you how to use another company’s products. Example: CaboHosting will assist you with the settings for using MS Frontpage™, but we will not teach you how to actually use the product itself. You need to contact the software maker in such a situation, who provides tech support for how to use their product. We cannot even attempt to support all the thousands of software products on the market.
– CaboHosting is not responsible for assisting with your own programs and cgi scripts. If you choose to install your own programs and cgi scripts on your site, you are responsible fully for installing them.
– CaboHosting is not responsible for designing, nor developing, your website, including HTML and/or images. We will attempt to give a quick look at your design/development problem, and offer a suggestion if it is a small issue.
Account Removal Policy on Shared Hosting
Any account that is 10 days past the payment due date will be suspended.
This means if your account payment is not received on or before the ten (10) day from the payment due date, will be suspended.
Any website that has been abandoned/suspended for lack of payment will be deleted after 30 days.
If your account is suspended for thirty days (30) for non-payment, the thirtieth (30th) day your account will be deleted.
Once an account is deleted, it is gone, there is no undelete. Payment is your responsibility, not CaboHosting’s. No exceptions will be made.
Account Removal Policy on Virtual and Dedicated Servers
We have no grace payment period for virtual and dedicated servers. Any account/server that is 1 day past the payment due date will be suspended/disconnected.
This means if your account/server payment is not received on due date, will be suspended.
If after 48 hrs from your due date we receive no reply nor notice from you the account/server will be removed and all the data deleted.
If you have any exceptional problem paying on time, contact us before the due date.
Once an account/server is removed, it is gone, there is no undelete. Payment is your responsibility, not CaboHosting’s. No exceptions will be made.
Backup policy on Shared Hosting
CaboHosting backup all the servers in case of a catastrophic data loss. Aditionaly CaboHosting could recover specific account data by clients request from these backups. If you are interested in our Data Recovery Service please contact us and we will provide you with all the information and the fees.
CaboHosting also provides a backup utility in the Control Panel. The client could backup his/her website(s) using the Control Panel Backup utility or using FTP program to make local backups in his/her computer.
CaboHosting keep backups in case of a catastrophic data loss. Keeping in mind these backup systems also could fail, CaboHosting is not responsible and do not provide any guarantee of data recovery in case of a disaster.
CaboHosting reccomends that all clients backup their website(s) at least once per month for average website traffic. Clients with large databases from Forum, Bulletin Board, or BLOG websites should consider a weekly backup.
CaboHosting reccomends that clients download their website(s) backups to their local computer located in their business or home. In the event of catastrophic data loss the entire site(s) can be restored from the backup you make for your site(s) after a successful upload of the data to the CaboHosting server. If you do not make a backup your data could be lost in the event of catastrophic data loss.
Definition: Catastrophic Data Loss The loss of any part or all of the data that is stored on hard drive as the result of mechanical failure of Hard Drive and/or Hard Drive Controller, and/or mechanical and electrical failure of any part of the server internally and/or externally. The loss as the result of human error resuiting in the partial or complete loss of data by means of accidental deletion and/or initial software conflict and/or software upgrade and/or Operating System installation/Upgrade. The loss of data as the result of a criminal server penetration by hacker(s) resulting in the contamination and/or deletion of any file(s). The loss of data as the result of a client’s malicious server actions that causes any damage and/or deletion of any file(s) and/or Operating System.
Backup Policy on Virtual and Dedicated Servers
CaboHosting DO NOT backup your virtual o dedicated server unless you bought the backup service which let you restore your entire virtual/dedicated server using Bare Metal restore or allows you restore individual files If you are interested in our Backup and Data Recovery Service please contact us and we will provide you with all the information and the fees.
If your virtual/dedicated server includes cPanel software then you have the cPanel backup functionality. Your clients/users could backup his/her website(s) using the Control Panel Backup utility or using FTP program to make local backups in his/her computer. The cPanel backup system is provided as is, is part of the cPanel software and any problem with it should resolved with cPanel developers/support.