Violations, queries, and information regarding our Terms and Conditions should be addressed to abuse@SaratogaHosting.com.
TERMS OF SERVICE AND ACCEPTABLE USE POLICIES
This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting and other Internet-related services provided by Saratoga Hosting, (the "Services"). As used in this Agreement, the terms "SaratogaHosting.com" and "Saratoga Hosting" mean the web hosting service provider Saratoga Hosting, and "Client", "you", or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have read this Agreement, and you agree to its terms and conditions and all policies posted on the SaratogaHosting.com site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "SaratogaHosting.com Site" refers to the Site located at the URL http://www.saratogahosting.com, or any other successor Sites (http://www.SaratogaWebHosting.com, https://www.saratogahosting.net, http://www.SaratogaWebHosting.net, etc...) owned or maintained by Saratoga Hosting.
1. APPROPRIATE USE OF THE SERVICES:
SaratogaHosting.com provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
2. PAYMENT OBLIGATIONS and INFORMATION:
- Client Content.
Client agrees that it will not distribute, electronically transmit or
display any materials supplied by Client - or through Client by a third
party - to any SaratogaHosting.com server in connection with Client's
use of the Services which:
- Violate any state, federal or foreign laws or regulations;
- Infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of SaratogaHosting.com or any third party;
- Are defamatory, slanderous or trade libelous;
- are threatening or harassing;
- are discriminatory based on gender, race, age or promotes hate;
- violate any SaratogaHosting.com policy posted on the SaratogaHosting.com Site including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy), UCE (SPAM) Policy, and CGI Abuse Policy.
- contain viruses or other computer programming defects which result in damage to SaratogaHosting.com or any third party.
- No "SPAM". Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at SaratogaHosting.com, or otherwise, that mentions or reference any domain hosted on SaratogaHosting.com servers or parked on SaratogaHosting.com DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined! Refer to our UCE (SPAM) Policy). We have a zero
tolerance for spammers. If you send spam / unsolicited email, your
account will be terminated immediately and your files removed from our
- No Bulk Mailings - Saratoga Hosting does not allow bulk emailing. If you have the need to service a legitimate large mailing list please contact us for alternative options, as we do not allow large list mailings to be sent from our servers.
- PHP.INI Files - Using Custom php.ini File In Your Account is normally PROHIBITED but some exceptions are made:
If you run PHP scripts on your site you might require, in some cases, a php.ini file to be present in certain folders. HOWEVER you must not use any directives that bypass our server's intended PHP configuration, security settings, and maximum resource limits. Doing so can cause excessive resource usage, security risks, and your account may be terminated. All php.ini files discovered that violate our terms WILL BE DELETED WITHOUT NOTICE. If you believe you have a valid need for your own php.ini you must contact us first.
- Using Custom .htacess File In Your Account -
Certain custom .htaccess files ARE allowed on the server, BUT if they attempt to bypass our server / security settings the files will be deleted from the server without notice, to prevent security breaches and resource issues. NOTE - .htaccess files cannot contain any PHP directives or your site will not function.
- No Live Chat Servers Run Locally. Due to the frequent abuse and exploitation of live chat server software and the strain they put on system resources, you may not install live chat software on your hosting account. You can, however, use one of the many remotely hosted chat plugins that are available out there, such as http://www.parachat.com, which provide you with a simple code to copy/paste into any page of your web site to have your own live chat room.
- PHP Scripts - If you install a script on your site, such as a gallery or a message board, it is important that you keep it updated / upgraded with the latest releases from the developer for security purposes. Scripts with security holes left un-patched will be locked down for the safety of our network and other customers.
- Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
- Termination. SaratogaHosting.com reserves the right to refuse service to anyone. SaratogaHosting.com, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the prohibited activity outlined in this agreement and in our Acceptable Use Policy . To report any unacceptable behavior by a third party using the Services, please contact abuse@SaratogaHosting.com.
- Back-Up Files. SaratogaHosting.com does back-up server files and user accounts nightly. However, as with any technology, due to the possibility of hardware failure or file corruption Saratoga Hosting cannot guarantee the accuracy or accessability of backups and, therefore, Client is responsible for making back-up files (such as using FTP to copy your site files down to your computer)in connection with its use of the Services.
- Bandwidth. Client may occupy only the amount of disk space on the SaratogaHosting.com Server and utilize no more than the network bandwidth that is allotted by SaratogaHosting.com according to the hosting plan that Client has purchased. When Client's account approaches the bandwidth limit defined in the particular hosting plan that Client purchased, Client will have the option to upgrade to a hosting plan that provides more bandwidth.
3. CLIENT LIABILITY AND INDEMNIFICATION:
- MISSED PAYMENTS, LATE PAYMENTS, and FAILED SUBSCRIPTION PAYMENTS
Preface - We understand that sometimes a payment might be missed due to extenuating cirumstances and we do everything possible to work with you. We will initiate contact with you by email (and, at our discretion, by phone in some cases) in an attempt to get a response and to discuss your options. If you're responsive, interruption of service may be postponed to an agreed upon date. All customers have the email address and phone number to contact Saratoga Hosting and are encouraged to make immediate contact to avoid suspenstion (site can be brought back online) and/or termination (account and all files deleted).
HERE IS WHAT WILL HAPPEN WHEN A PAYMENT IS MISSED:
1 Day Past Due (Billing CONTACT) - When a Client payment fails to process and/or arrive on it's due date the account is considered to be past due. Saratoga Hosting (and/or the Payment Processor acting on Saratoga Hosting's behalf) will contact Client by email within 24 hours of the missed payment, and will provide options that the Client can use to make payment / reinstate subscriptions. We may, our sole discretion, also contact Client by phone.
7 Days Past Due (Account SUSPENSION) - If Client does not respond to our emails within 7 days of the missed payment; the Client's account will be suspended. Services such as Website, FTP, cPanel, and Email will not work while an account is in suspension. Another attempt to contact the Client via email (and possibly phone) will be made in attempt to collect past-due payment.
14 Days Past Due (Account TERMINATION) - One final attempt to contact Client will be made, and the Client will be offered a final 24 hours to make payment. If payment is not received, on day 15 the account will be terminated. Account termination means that all website software, files, databases, and emails are permanently & irretrievably deleted from our servers.
HOTSTING SERVICE LATE FEES - The late fee is $5.00 USD per week in addition to normal billing cycle amount.
HOSTING ACCOUNT RESTORATION FEES - If an account goes goes into suspension the fee to bring it back online in-tact is $20.00 USD plus the $5.00 USD per week late fee. NOTE - The account files are only kept in-tact during suspension, and if an account is terminated then the files are deleted and cannot be restored unless Client can provide their own backup copies of files (and databases if applicable).
SaratogaHosting.com shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to SaratogaHosting.com. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to SaratogaHosting.com and agrees to pay any and all fees incurred by Client.
If Client has retained the Services for one (1) year and has pre-paid SaratogaHosting.com for such Services, refunds will be NOT issued for any unused months as ANNUAL SUBSCRIPTIONS ARE NON-REFUNDABLE.
- Monthly or Annual Service Fees:
Payment Methods - All payments are handled 100% online via our online merchant processing account, and customers can make payment with Credit Card, Debit Card, or PayPal. We do not accept any form of paper payment such as cash or checks. Saratoga Hosting utilizes PayPal's secure online payment gateway to process payments, but customers are not required to have a PayPal account. Customers can use all major Credit Cards and most Debit Cards to make payment without the need for a PayPal account.
Billing Correspondence and Statements - All billing communications are 100% paperless. Web services are clearly a 100% online business and therefore it is a reasonable expectation that all customers are able to make payment online using common tools such as computers, tablets, and smartphones. Since all billing is handled online and it is impossible to obtain hosting service here without email correspondence, it is also a reasonable expectation that all customers are able to send and receive email communications regarding their billing.
Client must make payments for services in a prompt and timely fashion.
Monthly Customers on monthly billed hosting plans are required to make their payments no further than 31 days apart. Automatic reucrring payments for monthly subscriptions occur once per month based on the date and day of month signup. (E.G.: If client starts subscription on 2nd day of month, automatic billing occurs on 2 day of each month thereafter). Email receipts are sent each month to subscribers who use a PayPal account. Subscribers who do not use a PayPal account will simply see billing on their Credit Card / Debit Card statement each month. If Client requests cancellation of service beyond 30 days of the initial engagement of Service then Client will be responsible for Service fees for the current month regardless of which date Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the remainder of the month and such fees will NOT be pro-rated or refunded. See Section 4 below for more details regarding Service Termination, Cancellations, and Reinstatements.
Yearly Customers on annually billed hosting plans are required to make their payments no further than 365 days apart. Automatic reucrring payments for annual subscriptions occur once per year based on the date and day of month signup. (E.G.: If client starts subscription on January 2nd, automatic billing occurs on January 2nd of each year thereafter). Email receipts are sent each year to subscribers who use a PayPal account. Subscribers who do not use a PayPal account will simply see billing on their Credit Card / Debit Card statement each year. See Section 4 below for more details regarding Service Termination, Cancellations, and Reinstatements.
4. SERVICE TERM, TERMINATION, CANCELLATION, & REINSTATEMENT:
- The parties agree that in no event shall SaratogaHosting.com be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless SaratogaHosting.com from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you sign up for the Services, and shall continue in effect on a month-to-month or year-to-year basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party.
If Client is terminating this Agreement and Cancelling Service - Client must contact SaratogaHosting.com directly by phone at 518-615-4678 to confirm. This is for your security and to prevent unauthorized individuals from cancelling your service by sending a false email.
Client will receive full cooperation with cancellation requests and are under no obligation to provide any further explanation. SaratogaHosting.com will not attempt to hinder Termination requests by any means. All requests for Termination / Cancellation are immediately honored. A very brief phone call confirmation and email exchange will take place between Client and SaratogaHosting.com to simply confirm each request to Cancel / Terminate Services.
All cancellation requests must be received by the end of the respective month of cancellation. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 2 - 8 shall survive termination or expiration of this Agreement.
- If Client cancels the hosting subscription (or account suspended for non-payment), Client shall be allowed to re-instate Client's use of the Services within Seven (7) business days of cancellation. Client shall pay a fee of Twenty Dollars ($20) prior to any re-instatement of Client's account. Once payment has been received, Client's account will be activated within Forty-Eight (48) business hours. SaratogaHosting.com will maintain an archival copy of Client's Web site for Seven (7) days after SaratogaHosting.com receives notice of cancellation, and if Client does not re-subscribe for services by the 7th day then the entire account will be deleted from our serveres. Thereafter, Client will need to place a new order if it wishes to subscribe to the Services. (It is the Client's responsibility to maintain their own backups of their web site files and databases).
6. DISCLAIMER OF WARRANTY:
- Client will pay and indemnify and hold SaratogaHosting.com harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
7. LIMITATION OF LIABILITY:
- THE SERVICES, THE SARATOGAHOSTING.COM SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE SARATOGAHOSTING.COM SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. SARATOGAHOSTING.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SARATOGAHOSTING.COM SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
- IN NO EVENT SHALL SARATOGAHOSTING.COM BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE SARATOGAHOSTING.COM SITE OR ANY SARATOGAHOSTING.COM PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL SARATOGAHOSTING.COM BE RESPONSIBLE LEGALLY OR MONETARILY FOR ANY CIRCUMSTANCE THAT RESULTS FROM YOUR USE OF ANY OF THE SERVICES THAT WE PROVIDE.