Terms of Use

This Web Hosting Agreement ("Agreement") is between cddhost, and the person (individual or legal person) whose signs cddhost' service order and set up form (the "Order") incorporating this Agreement by reference ("Customer"). This Agreement governs Customer's use of cddhost' Web hosting service. Please read this page carefully prior to ordering services from us, and make sure you understand what it says. It's a binding contract between cddhost and you. If you have any questions about what you see on this page, please feel free to contact us at [email protected].

SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN YOU AND US, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING OUR ACCEPTABLE USE POLICY AND OUR PRIVACY POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

The Services We Provide
In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process. For clarity, on this page, the term "services" refers to the web hosting services that we will provide to you and, if you are an Affiliate, the services we provide to you in connection with that program.

cddhost may provide one FREE domain name with a new purchase on select hosting plans. This domain will be included for the lifetime of your hosting account. The domain name will be registered in your name and is yours to keep. The free domain name applies only to standard TLD's (.com, .net, .org, .info, and .biz) when signing up for a new hosting plan. The free domain does not apply to domain transfers. Should your hosting account become inactive at any time during the domain registration year, you will be charged for that year's domain registration.

Permission to Host Your Content
For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.

When the Services Will be Available
We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service. However, as a customer of cddhost, you have our promise of a 99.9% monthly uptime guarantee. The uptime guarantee excludes scheduled maintenance, server upgrades, or any customer caused server downtime including site suspension for CPU and memory overages. If you feel that cddhost has failed to deliver 99.9% uptime for your paid month of hosting, then you must contact us directly by email or in writing before compensation will be issued. If the downtime results in compensation, it will be credited to your next bill and will not exceed the amount you had paid for that month of hosting - which excludes domain registrations and add-on services.

Personal Information
When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. We take your privacy very seriously, and as such, will not sell your personal information to third party. Read more in our Privacy Policy.

Term

The initial service term of the Agreement shall begin on the date that cddhost generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for up to three successive renewal terms of the same length as the Initial Term (each a "Renewal Term") unless cddhost or Customer provides the other with written notice of non-renewal at least fifteen (15) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."

Payments

Fees are payable in advance from five (7) days prior to the beginning of, to the first day of a new billing cycle. Customer's billing cycle shall be monthly, quarterly, semi-annually or annually as indicated on the Order, beginning on the Service Commencement Date. cddhost may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes cddhost to bill subsequent fees to the credit/debit card up to 7 days prior to, on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise cddhost will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees will be issued five (7) days prior to the 1st day of each billing cycle, and the fees shall be due on the first day of the new billing cycle.

Payments must be made in United States dollars. Customer is responsible for providing cddhost with changes to billing information (such as credit card expiration, change in billing address) At its option, cddhost may accrue charges to be made to a credit/debit card until such charges exceed $10.00. cddhost may charge interest on overdue amounts at the rate of 15% or $10 whichever is higher. cddhost may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay cddhost' reasonable reinstatement fee following a suspension of service for non-payment, and to pay cddhost' reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.

• Fee Increases

  cddhost may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section "Term" above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).

• Taxes

  At cddhost' request Customer shall remit to cddhost all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on cddhost), regardless of whether cddhost fails to collect the tax at the time the related services are provided.

• Early Termination

  Customer acknowledges that the amount of the fee for the service is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event cddhost terminates the Agreement for Customer's breach of the Agreement in accordance with Section "Termination", or Customer terminates the service other than in accordance with Section "Termination" for cddhost' breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.

• Late Fees

  Customer acknowledges that any invoice that is not paid within five (5) days of the due date will be subject to a minimum $10.00 late fee or 15% of the Invoice amount.
  
  Accounts that are 30 days past due will be automatically deleted from our servers, if you wish to activate an account over 30 days past due, there will be a $25.00 fee to restore your account from backups (if available). Any special pricing you had on your old account will not transfer to the new account, all new accounts will pay current prices on our website.

• Refunds and Disputes

  All payments to cddhost are non-refundable. This includes the one-time setup charge (if applicable) and subsequent charges or fees regardless of usage. All overcharges or billing disputes must be handled directly via the cddhost Billing Team within 10 days of the overcharge or dispute. Initiation of a formal complaint or chargeback for services from cddhost is a strict violation of this TOS. A "formal complaint" or "chargeback" shall be defined as initiation of any complaint, dispute, or chargeback with PayPal and/or your credit card issuer. Upon receipt of a formal complaint or chargeback, cddhost will take immediate action against the offending account including suspension or termination at our sole discretion. Further, such a complaint or chargeback will result in deactivation of all services on your account whether you disputed one or all of the services on your account. Chargebacks will also result in being reported to debt collection agencies. You will be responsible for all debt collection fees as well as all owed fees to cddhost Internet Services.

  Any chargebacks against cddhost will occur a $250 chargeback fee.

Special Offers/Coupons

Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. Future invoices will be billable at regular contract term pricing. One coupon per account. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account.
Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price, unless specifically mentioned. If you have any questions about promotions, please contact our Sales Department prior to placing your order.

Law/AUP

Customer agrees to use the service in compliance with applicable law and cddhost' Acceptable Usage Policy (the "AUP"), which is hereby incorporated by reference in this Agreement. Customer agrees that cddhost may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to the AUP are effective on the earlier of cddhost' notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with cddhost' reasonable investigation of any suspected violation of the AUP. In the event of a dispute between cddhost and Customer regarding the interpretation of the AUP, cddhost' commercially reasonable interpretation of the AUP shall govern.

Customer Information

Customer represents and warrants to cddhost that the information he, she or it has provided and will provide to cddhost for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to cddhost that he or she is at least 18 years of age. cddhost may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contact.

Indemnification

Customer agrees to indemnify and hold harmless cddhost, cddhost' affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.

Disclaimer of Warranties

cddhost DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW. cddhost DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

Limitation of Damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF cddhost AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

Suspension/Termination.

• Suspension of Service

  Customer agrees that cddhost may suspend services to Customer without notice and without liability if: (i) cddhost reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) cddhost reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay cddhost' reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection. It remains the sole discretion of cddhost if an account is eligible for reinstatement.

• Termination

  The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if cddhost fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by cddhost prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon thirty (30) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within five (5) days of a written notice from cddhost describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

Cancellations and Money Back Guarantee.

• Cancellations

  Customer is free to cancel their account at any time by filing a cancellation request within the cddhost Customer Portal. Cancellations MUST be filed before the invoice is generated for renewal of the services to avoid payment liability for the next calendar month. Similarly, cddhost reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the AUP.
  
  Cancellations filed after the invoice is generated will be applied to the month after the next calendar month. The customer assumes responsibility for payment of the next month’s due invoice.

• Money Back Guarantee

  If an account with a thirty (15) day money-back guarantee is purchased and canceled within thirty (15) days of sign up, the Customer will, upon request, receive a full refund of all hosting fees. Requests for these refunds must be made through our Billing Department of our helpdesk. Refunds made for a thirty (15) day money-back guarantee will not include domain registration fees, License Fee, setup fees, or any fees for additional services that are purchased in the first thirty (15) days.

  Money back guarantee only applicable to those products and services that specified with this offer. Any other products or services with no specification in money back guarantee are not entitling to any money back or refund. Under the money back guarantee, only first-time accounts/customers are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. cddhost reserves the right to determine the definition of first-time account. If you cancel your account after the first 15 days have passed, or after your account is renewed then unfortunately we will not be able to issue any refunds. Please note: upgrades to hosting service, dedicated ips, domain registration/ transfer and SSL certificates are non-refundable.

  Free Domain Names: If Customer registers any domain name as part of a "Free Domain Name" promotion with their web hosting plan, Customer's refund will be reduced by $15.95 per domain name. Customer will retain full ownership and control of any such domain names.

Requests for Customer Information

Customer agrees that cddhost may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that cddhost believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Support Abuse

Abuse towards our staff will not be tolerated. If you use foul language, threaten us, or anything else we may find offensive, we reserve the right to suspend or terminate your account at our sole discretion. Per this TOS, we offer no refunds in the event a termination results from your abuse of our staff. When submitting a ticket via our online help desk, you are to specify an appropriate status for your request. Urgent status tickets are only to be used when an urgent matter is at hand, which usually includes only a service outage. Customers who submit non-urgent tickets with an urgent status are subject to having their ticket closed without reply, their account suspended, and/or upto a twenty-five dollar ($25 USD) administrative fee to cover the costs incurred by our technicians receiving pager alerts if the support desk is abused consistently. We strongly advise only submitting tickets with a maximum of high priority to avoid any problems with violating this clause.

Reseller Customers

Reseller Hosting Customers are responsible for supporting their clients. cddhost 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. cddhost will hold any reseller responsible for any of their clients actions that violate the law or these terms of service.

Transfer your Hosting

This is an optional service for the transferring of Web content from a previous Web host to cddhost. cddhost offers this service FREE of charge to customers who have purchased a new web hosting account with cddhost. However, cddhost does not guarantee that transfer is possible in all cases. It is recommended that you have a backup of all your files before the transfer process begins. cddhost will not be held responsible or liable for any damaged or lost content in relation to this service. All transfers are subject to our Terms of Service and disclaimer of liability.

Disproportionate loads placed on the server

The use of your account must be reasonable and you may not place excessive burdens on our servers. While our shared services are suitable for the bulk of our customers, there comes a time that your website(s) are better suited for a larger hosting package, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that uses a high amount of server resources (such as, but not limited to, CPU Time, Memory Usage, and Network Resources). At our election, you will be given an option of either upgrading the service level or reducing the resource usage to an acceptable level, otherwise we reserve the right to limit your use of our servers or take your site offline. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.

Back Up and Data Loss

Your use of the service is at your sole risk. cddhost 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 cddhost servers. While cddhost does maintain backups of your files and/or data on our Shared, Reseller, and Semi-Dedicated platforms, we accept no responsibility should backups be unavailable for any reason including but not limited to data corruption, hardware failure, or negligence. Any account larger than 5 gigabytes or reseller accounts with 10 or more sites may, at our discretion, be excluded from our backup systems with or without notice. All cPanel backup files, backup-*.tar.gz and cpmove-*.tar.gz, older than 72 hours will be removed from the server automatically and we suggest downloading said backups to an off-server location.

Changes to the cddhost Network

Upgrades and other changes in cddhost' network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. cddhost reserves the right to change its network in its commercially reasonable discretion, and cddhost shall not be liable for any resulting harm to Customer.

Notices

Notices to cddhost under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on http://www.cddhost.com. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on cddhost unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without cddhost' prior written consent. cddhost' approval for assignment is contingent on the assignee meeting cddhost' credit approval criteria. cddhost may assign the Agreement in whole or in part.

Right to Refusal With Out Cause.

cddhost may refuse to accept any customer or any website for participation in the cddhost hosting network as determined by cddhost at its sole discretion.

This Agreement together with the AUP and Privacy Policy constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral. This agreement becomes effective once you submit your order with us or open an account with us for any of the service provided on http://www.cddhost.com. If you are an existing customer, and you do not agree with the terms herein, please cancel your account. Otherwise, if you sign up for or continue to use the services, you agree to what is written here. If you have any questions regarding these terms of service, feel free to Contact us for clarification.

By using the services by cddhost you agree to the above terms of service.