Terms and Conditions

1849WebHosting Terms and Conditions ("TC") is provided to give our customers a clear understanding of what 1849WebHosting expects of them while using the service. Use of 1849WebHosting.com Services constitutes acceptance and agreement to these Terms and Conditions.

(1) Account Setup / Email on file
It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. It is your responsibility to ensure the email address on file is current at all times.

(2) Content
All services provided by 1849WebHosting may only be used for lawful purposes. The laws of the State of California and the United States of America apply.

The customer agrees to indemnify and hold harmless 1849WebHosting from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited.

Examples of unacceptable material on all Shared and VPS Servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, hate sites, hacker focused sites/archives/programs or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.

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.

Failure to respond to our emails within 3 days may result in the suspension of your services.

If in doubt regarding the acceptability of your site or service, please contact us.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography.

(3) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account terminated without notice.

Any account which results in our IP space being blacklisted will be suspended and/or terminated and without refund.

(4) Payment Information
You agree to supply appropriate payment for the services received from 1849WebHosting. You agree that until and unless you notify 1849WebHosting of your desire to cancel any or all services received, those services will be billed on a recurring monthly basis.

Cancellations must be done via email. 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. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.

(5) Backups and Data Loss
Your use of the service is at your sole risk. 1849WebHosting 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 1849WebHosting servers.

(6) Cancellations and Refunds
1849WebHosting reserves the right to cancel your account at any time with or without notice.

Customers may cancel at any time via email. 1849WebHosting gives you an unconditional 30 day money back guarantee on shared and VPS hosting solution's. There are no refunds on administrative fees, installation fees for software (SSL, etc.), or domain name purchases. After your 30 day period if you cancel, your payment for that month becomes your last payment regardless of the date that you cancel. We will cancel your recurring billing for the following month forward.

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.

(7) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level hosting package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

(8a) Money back Guarantee
Each of 1849WebHosting's shared and VPS servers carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this refund does not apply to administrative fees, installation fees for software including SSL Certificates purchased or domain name purchases.

(8b) Uptime Guarantee
If your shared / VPS server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of 1849WebHosting 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 of the server which may differ from the uptime reported by individual services. To request a credit, please contact us.

(9) Shared / VPS Servers
Shared and VPS accounts may not resell web hosting to other people.

(10) Server Audits / Passwords
1849WebHosting reserves the right to audit servers as needed and to perform administrative actions to keep your website running at peak performance. Therefore, you must provide us with your new password if you change it.

(11) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on 1849WebHosting.com and the right to increase the amount of resources given to plans at any time.

(12a) Indemnification
Customer agrees that it shall defend, indemnify, save and hold 1849WebHosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against 1849WebHosting, 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 1849WebHosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with 1849WebHosting; (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 1849WebHosting's server.

(12b) Arbitration
By using any 1849WebHosting services, you agree to binding arbitration. If any disputes or claims arise against 1849WebHosting or its subsidiaries, such disputes will be handled by an arbitrator of 1849WebHosting's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

(13) Disclaimer
1849WebHosting shall not be responsible for any damages your business may suffer. 1849WebHosting makes no warranties of any kind, expressed or implied for services we provide. 1849WebHosting 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 1849WebHosting and its employees.

(14) Disclosure to law enforcement
1849WebHosting 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 cooperate fully with law enforcement agencies.

(15) Changes to the Terms and Conditions:
1849WebHosting reserves the right to revise its policies at any time without notice.

(16) **************** EMAIL LIMITS ****************:

There is a 200 hourly email limit per domain. If you send over this amount in any hour most of the e-mails will bounce back with a undeliverable error.

Any mailing list larger than 5,000 will require a VPS hosting solution from us.

Mailing Lists Rules

1. Anytime you're sending a message no matter how large your e-mail list, you must throttle it. If the mailing list software you're using does not allow you to throttle you must switch to something else. We recommend phplist which can be found in your control panel under fantastico.

2. Any mailing list over 900 emails is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday and 1am - 8 am central time M-F.

3. You are not allowed to mail to a mailing list you were given or purchased. This is spamming because they never agreed to you sending them mail. We do not care how you justify it. This is spam and will result in termination of the offending account.

4. Any mailing list MUST comply with all guidelines set forth by the United States.
These can be found at: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm

5. No Direct SMTP mailers are allowed. An example of this is DarkMailer. Any mail should be relayed through the local MTA (localhost:25) for further delivery by the server and not done directly by scripts.