This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of web hosting, e-Commerce and other Internet-related services provided by Sustainable Hosting (the “Services”). This Agreement is imposed to protect you, other Sustainable Hosting customers, and us against harm.
As used in this Agreement, “Sustainable Hosting” means Sustainable Hosting, LLC (and it’s managers), and “Client”, “you”, or “your” means you and any organization you represent. By clicking on the “Submit Order” button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Sustainable Hosting site. As referred to in this Agreement, “Site” refers to a World Wide Web site or Internet service and “Sustainable Hosting Site” refers to the Site located at the URL https://www.sustainablehosting.com, or any other successor Sites owned or maintained by Sustainable Hosting.
Sustainable Hosting reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. Sustainable Hosting strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. Any such unlawful activity or abuse of servers negates any kind of guarantees or chance for a refund.
1. APPROPRIATE USE OF THE SERVICES Sustainable Hosting 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. 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 Sustainable Hosting server in connection with Client’s use of the Services which:
o infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Sustainable Hosting or any third party;
o violate any provincial, state, federal or foreign laws or regulations;
o are defamatory, slanderous or trade libelous;
o are threatening or harassing;
o are discriminatory based on gender, race, age, or promotes hate;
o violate our Acceptable Use Policy;
o contain viruses or other computer programming defects which result in damage to Sustainable Hosting or any third party.
Bandwidth: Client may occupy only the agreed-upon amount of disk space on the Sustainable Hosting server(s) and utilize no more than the network bandwidth that is allotted by Sustainable Hosting. Additional fees may be charged for exceeding the network bandwidth allowance.
CGI Scripts Policy: Each account comes with its own cgi-bin. You are free to use any allowable CGI scripts you wish; however, we reserve the right to disable any CGI script that affects normal server operation or service to other Sustainable Hosting customers. Examples of these kind of scripts include message boards based off a flat text database or scripts running as background processes consuming a large amount of resources. No chat room or similar scripts allowed.
Resource Utilization: Each account is allowed unfettered access to server resources. You are allowed to do whatever you want with the resources; however, we reserve the right to suspend any account that affects normal server operation or service to other Sustainable Hosting customers.
Prohibited Scripts: Below you will find a list of scripts you may not run with our services due to their poorly written utilization of server resources as well as for security purposes.
o UltimateBBS (all versions)
o Ikonboard (all versions)
o IRC Egg Drops
o Proxy Servers
o nph-proxy
o The Anonymizer
o any soap mailer
o any malware or spam-generating software
o any software known for run-away resource use (ie, LLM’s and crypto miners)
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 Sustainable Hosting, or otherwise, that mentions or reference any domain hosted on Sustainable Hosting servers or parked on Sustainable Hosting DNS servers. Clients found to be using Sustainable Hosting resources to send spam will be subject to a fine of $150.
Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.
1. TERMINATION: Sustainable Hosting reserves the right to refuse service to anyone. Sustainable Hosting, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact Customer Support.
2. PAYMENT OBLIGATIONS: Full payment is required from Client before any Service is rendered, which includes renewals. Payment will be automatically collected at the beginning of Client’s billing cycle using billing information provided by client during signup or subsequent update, if possible. Prompt Payment: Client must promptly remit payment to Sustainable Hosting when it is due. If payment or credit authorization is not received by the date due, Sustainable Hosting reserves the right to delete all content from the Client website and make it inaccessible to Client. Furthermore, Sustainable Hosting may utilize the services of collection agencies to collect amounts due and also reserves the right to report delinquent accounts to credit bureaus.
3. CLIENT LIABILITY AND INDEMNIFICATION: The parties agree that in no event shall Sustainable Hosting 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 Sustainable Hosting 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. You agree to use all Sustainable Hosting Services and facilities at your own risk. Sustainable Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Sustainable Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Client agrees that it shall defend, indemnify, save and hold Sustainable Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Sustainable Hosting against liabilities arising out of: any injury to person or property caused by any products sold or otherwise distributed in connection with Sustainable Hosting Services; any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective products sold to customer from Sustainable Hosting’s servers. Sustainable Hosting shall be the sole judge of what violates this Policy.
4. CLIENT DATA: WHILE SUSTAINABLE HOSTING WILL MAKE EVERY EFFORT TO MAINTAIN BACKUPS OF CLIENT DATA, CLIENT AGREES AND ACCEPTS THAT SAID BACKUPS ARE MEANT FOR INTERNAL USE. ALL RESPONSIBILITY FOR BACKUPS LIES WITH THE CLIENT, UNLESS OTHERWISE AGREED IN WRITING.
5. TERM, TERMINATION & CANCELLATION Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services (“Billing Cycle Date”), and shall continue in effect for a period of no less than one (1) year unless otherwise specified by separate agreement or unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement, however, notification of termination must be received at least FOURTEEN business days prior to your Billing Cycle Date in order to avoid charges in full for the next Billing Cycle. If Client is terminating this Agreement, Client must request cancellation by emailing the Sustainable Hosting billing department. Sustainable Hosting will respond with a cancellation phone call and email, which Client shall retain as proof of termination. It is the Clients Responsibility to secure email confirmation from Sustainable Hosting that account has been cancelled. If the Client has not received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If Client has a balance due at the time of termination, this balance must be paid in full. Termination does not absolve Client of any outstanding financial obligations. All Client cancellation requests will become effective within 30 days after termination notice has been provided to Sustainable Hosting. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 – 8 shall survive termination or expiration of this Agreement. In case that the Client’s continuing usage of the service is jeopardizing the stability of Sustainable Hosting’s service to other clients, Sustainable Hosting reserves the right to immediately terminate this agreement.
6. TAXES: Client will pay and indemnify and hold Sustainable Hosting 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. DISCLAIMER OF WARRANTY: THE SERVICES, THE SUSTAINABLE HOSTING SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE SUSTAINABLE HOSTING SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. SUSTAINABLE HOSTING 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, SUSTAINABLE HOSTING SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (a) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (b) DEFECTS WILL BE CORRECTED; (c) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (d) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
8. LIMITATION OF LIABILITY: IN NO EVENT SHALL SUSTAINABLE HOSTING BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE SUSTAINABLE HOSTING SITE OR ANY SUSTAINABLE HOSTING 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. Sustainable Hostings policies are subject to change by Sustainable Hosting without notice. Continued usage of the Services after a change to this Agreement by Sustainable Hosting, or after a new policy is implemented and posted on the Sustainable Hosting Site constitutes your acceptance of such change or policy. Again, we encourage you to regularly check the Sustainable Hosting Site for any changes or additions.
9. Client recognizes that any liability upheld in spite of this agreement will be that of Sustainable Hosting’s alone, holding harmless it’s members and managers. If any portion of this agreement is determined to be void or non-applicable, the remaining clauses (and parts thereof) shall persist.
