Last update: 25th Jan 2010

Visitors / Customers MUST agree with our Acceptale Use Policy (AUP) and Terms of Use with our services before subscribing or ordering our product and services by CAREFULLY READ this policy and terms of use. Existing customers are bind to this legal policy. Customer agrees to the following terms of service: describe the proper kinds of conduct and prohibited uses of CH Hosting hosting services (the "Services"). This AUP is not exhaustive and CH Hosting reserves the right to modify this AUP at any time without any prior notice, effective upon posting of the latest modified AUP at CH Hosting (Please refer to the last update date). By registering for and using the Services, and thereby accepting the terms and conditions of this AUP, you agree to abide by these conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination (without refund) of your account or such other action as CH Hosting deems appropriate.

IMPORTANT NOTE - CH Hosting has the right to suspend, cancel or discontinue any client's access to any portion or all of CH Hosting services, or deny access to anyone who violates our Policies or the Terms and Conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to violation of the terms outlined below.

Your Responsibilities
You are agree to provide CH Hosting accurate, complete and latest information required by the subscription/ordering of the CH Hosting service not limited to your legal name, address, telephone number(s), and payment data such as credit card number and expiration date. Failure to comply fully with this terms and conditions may result in immediate suspension or termination of your services.

Third-Party software available via the CH Hosting may be governed by individual software end user licenses. By using the the third-party software, you agree to be bound by the terms of such end user licenses regarding the applicable third-party software.

Your use of the CH Hosting services are subject to all applicable local, state, national, and international laws and regulations, Without limiting the other rights available to CH Hosting, CH Hosting reserves the righst but not the obligation, in its sole discretion and without prior notice or liability, to restrict and/or terminate your accounts if you violates any such laws or regulations.

CH Hosting Prohibits Sites Engaged In:
Any form of Illegal activities including but not limited to storing, distributing copyrighted software, video, music and other copyrighted materials illegally, warez sites, violations of copyrights & trademarks, violations of U.S. laws, selling and/or distributing illegal contraband, Proxy Scripts and or websites / Anonymizers, IRC Bots, image hosting only sites without a domain name, Escrow Sites, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites and or archives,programs.

Internet abuse including but not limited to spamming - mass unsolicited Emailing, distribution of mass emailing programs, cross-posting messages to large number of usenet groups, posting obscene or inflammatory messages, threatening other Internet users, mail bombing Internet users, running packet sniffers or port scanners, and spamming our support staff. Spammers are held responsible for a USD1,000 clean up fee. Systems abuse including but not limited to use of excessive CPU resources, use of excessive email storage space, hacking our systems, installing continuously running programs, such as IRC bots, and reselling CGI scripts.

All type of Hosting Services
CH Hosting server admin or staffs have the right to manage the servers by adding, removing server functions, software and hardware components without customers' (clients) consent.

CH Hosting DO NOT own any data including database, applications, web and e-mail that are hosted in our servers. CH Hosting do not monitor closely and review individual files that are uploaded and serve to the public. Therefore, we DO NOT take any responsibility and are not liable for any illegal Internet activities hosted on our server that is causing damage and losses. Illegal Internet activities includes but limited to spamming, phishing or any other forms of illegal activities were not accepted by the US Laws and International Laws.

CH Hosting staffs have the right to suspend or terminate accounts or files that are illegal to be hosted or files that will cause high server load process. High server load process means data were processed consuming high CPU usage causing server to be slow and causing service downtime to the server. Illegal files includes Pornography materials (movies, pictures, wallpapers, sound clips), Gambling or Betting materials (scripts or any data), copyrighted Music and Video files (MP3, MTV, Flash, etc.). Accounts will also be suspended or terminated if we believe payment has not been made or is found as fraud order.
(If you need personalized bandwidth or customized server services, please buy our VPS or Dedicated Server!)

Your Website content will remain under your domain; your domain will not be made available to any other entity unless you specifically request it. You have the right to retain files that you seek to hold on your Website as long as they do not violate our terms and conditions. You are not allowed to publish any material that under CH Hosting' discretion: violates local, state, federal, or international laws; has obscene or pornographic material, threatens the Internet community, encourages criminal mischief, or material that could give rise to civil liability. You are responsible for all activities and charges resulting from the use of the CH Hosting Services and agrees to pay all fees, bandwidth charges, surcharges, and other charges incurred by your account and will charge in the monthly billing statement.

CH Hosting reserves the rights to move your site to a different server, to reduce the load on the server you are currently hosted.

Email & Newsgroups Related
Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, chain letter, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.

Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").

Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in immediate account termination. CH Hosting takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in immediate account termination.

Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.

Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or immediate account termination.

Note: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a web site hosted by or through CH Hosting (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

We do not allow clients to send more than 30 pieces of e-mail per hour from a shared & reseller hosting account. If you do send more than 30 pieces of e-mail per hour, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 720 per day please contact chhost@chhost.net to make alternative arrangements for your email account. We consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them

Depending on the severity of your SPAMMING, CH Hosting reserves the right to charge you between $10.00 - $100.00 PER SPAM (PER EMAIL SPAM SENT) sent through our network OR a flat fee of $500.00 (Fee charged at the discretion of CH Hosting). Your web site content will also be confiscated and it will be NEVER returned to you. If credit card card charge is unsuccessful for penalty fee CH Hosting will appoint a credit collection agency to collect penalty applied in which the offender will be liable for all charges incurred to CH Hosting from the collections agency.

Warez Sites & Adult Related Websites
We NOT allow any kind of adult content on our server/network. If we found any adult content hosted on our network, your account will be terminate immediately at any time for any reason without refund. Warez Sites are sites that are typically used by "hackers" to trade (upload/download) illegally pirated copies of software programs with one another. CH Hosting has a ZERO-TOLERANCE policy on all Warez Sites. Sites that become a trading post for "warez" programs will be reported to any and all regulatory, administrative, and/or governmental authorities for prosecution. In addition to your account being deleted from our servers, you may face legal action that can be taken against you by the programmers/software companies of the copyrighted software. CH Hosting HAS A ZERO-TOLERANCE POLICY FOR WAREZ, HACKS, CRACKZ, AND PORN. If you are caught uploading these types of content to our web server YOU will be held responsible, not CH Hosting. Large fines and penaltys may apply depending on the severity of your crime(s). You will be billed at $200.00 per hour for a Technician to restore the system!! DON'T DO IT!

Other Unacceptable Content
Illegal Material or material that is against public policy, material that may be detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, etc., or anything else that may be considered detrimental or illegal.) CH Hosting will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to terminate an account at any time for any reason without refund.

We NOT allow IRC, IRC clients or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.

Most of the content available on the Internet is protected by copyright, trademarks, trade secrets and other rights of the independent third parties or their licensers who make such content available on the Internet. You are responsible if you publishing to the Internet or posting on your site copyright or other material of any kind which is subject to rights of any person or entity without the express permission of the right's holder is prohibited and will result in termination of your account and possible civil and /or criminal liability. CH Hosting reserves the right to request you remove any material which we deems offensive, hurtful, or otherwise objectionable. Failure to do so may result in suspension or termination of services.

Server Resource & Network Abuse
Shared server accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning.

Shared or reseller hosting accounts, as the name implies operate on shared network resources. This means that there are several hosting accounts per server. Excessive use or "abuse" of these network resources by one customer have a negative impact on all other customers. In all fairness, you are not allowed to deliberately consume network resources in an excessive manner, this includes but is not limited to: CPU time, memory, and disk space. You are also not allowed to use resource-intensive programs that can negatively impact other customers or the performance of our systems. High Network traffic and throughput is not a problem for CH Hosting, but extreme network traffic or uploading and downloading can sometimes create problems.

Resource Usage
Users may not:
1) Use 20% or more of system resources for longer then 80 seconds.
2) Run IRCD or standalone server side unattentded processes.
3) Run cron jobs that in intervals of less than 15 minutes.
4) Run gaming servers, process game server stats, teamspeak, ventrillo or any other voice application, torrents, torrent related sites, trackers or applications.
5) Run any processes related to or that interface with IRC programs and or networks.
6) Run any kind of web indexer or web spider.
7) Repeatedly create and delete large numbers of files on a regular basis causing system damage.

Excessive Use/Overages
You shared and reseller hosting account will not exceed the bandwidth, except for VPS and hybrid server package, storage and E-mail usage limits outlined by your particular web hosting package as our system is designed to put your account on hold until you have made arrangements to purchase additional bandwidth for that month, each are reset at the beginning of each month. CH Hosting will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges. Bandwidth overages are currently billed at $1/10GB/month. Disk space overages are currently billed at $1/GB/month. For VPS and hybrid server, bandwidth overages will be calculation per 10GB basis and will be billed by different invoice.

Network Security
Customers may not use the CH Hosting network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. CH Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, CH Hosting will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting CH Hosting or any of its other customers.

Electronic Commerce
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

Payment, Termination/Suspension/Cancellation & Refund Policies
All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. CH Hosting reserves the right to change prices at any time, unless other terms have been agreed upon. All services are notified and invoiced 14 days in advance, and must be paid in full before the first day of the new service period. Any account not brought current before overdue or exceeding this time frame in any way is subject to suspension.

The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies CH Hosting at Our client area to request for termination or cancellation of services. All payment is in U.S. currency. CH Hosting will bill each client $50.00 per returned check, per wire transfer received and per credit card chargeback received. In addition, if your credit card declines for any reason CH Hosting will charge your account an additional $1.00 service charge every time your card is declined.

Your particular billing cycle corresponds to the contract length that was initially chosen during ordering/setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. Any account that is not brought current prior to deactivation will be a 1% late charge, per domain deactivated. CH Hosting may impose a debt service charge equal to 1% ~ 1.5% of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of CH Hosting ) shall be paid by Customer.

If any hosting services (including Shared & Reseller Hosting, VPS and Hybrid Server and Dedicated Server) under your account violated our policies, data center policies, or late payment / overdue invoice, your account will be suspended entirely. If a service is suspended, you will be required to pay a reactivation fee of $60.00 (Dedicated Server) / $10.00 (Shared & Reseller Hosting, VPS and Hybrid Server), and any other charges associated with any of the offenses/violations.

CH Hosting reserves the right to cancel/terminate service at any time. All fees paid in advance of cancellation/termination, for unused service periods, will NOT be pro-rated and will NOT be refunded. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.). If you wish to cancel/terminate any hosting service provide by CH Hosting, you MUST request service cancellation in client area before the new service period. If you wish to cancel service, you MUST request service cancellation in client area 3 days before the new service period. We does NOT accept cancellation requests via email or support ticket. Not using the service, non-payment, or moving your service elsewhere, is NOT a valid method of cancellation. We also does not prorate current service periods, for cancellations occuring mid-service period. For any hosting service provided by CH Hosting, except VPS, hybrid server and dedicated server, generally the files will be remove from our server after 7 days, but we no guarantee on the retrieve of your files after cancellation/termination. Any request of file transfer/download will be charge at flat processing fee of $10.00. In any case of refund involved (example: cancel order by you or CH Hosting, downgrade of services, etc), $5.00 processing fee will be charge to you.

"14-Day Money Back Guarantee" This is the period in days after signup when users can get back 100% of all their recurrent fees for all resources they've used if they decide to cancel CH Hosting services, EXCEPT for VPS, Hybrid Server and purchase of dedicated servers. All payment to CH Hosting VPS, Hybrid Server and Dedicated Servers Plans are Non-Refundable, except the delivery time exceeded the delivery time as stated in the Dedicated Server paragraph. We don't offerred trial period or money-back guarantee on VPS Hosting, Hybrid Server and Dedicated Server.

Domain registration, setup fees, and/or bandwidth overage charges / payments are will charge to clients and NOT refundable. ClientExec licenses are also billed at $10.00 each month the license was active if canceled within the first 30 days. If client has retained the services for one year and has pre-paid CH Hosting for such services, refunds will be issued for any unused full month of the services, upon client's request. Therefore, if client's account is cancelled at any point during the one-year term, client will be entitled to a refund for the months remaining.

If the Agreement expires or is cancelled for any reason, CH Hosting is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, CH Hosting will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to CH Hosting under this Agreement.

All domain name registrations are due and payable upon registration. No refunds will be available on domain names under any circumstances once such domain is registered as per ICANN rules (Internet Corporation for Assigned Names and Numbers.) CH Hosting cannot guarantee any name will be available at the time of registration. CUSTOMER AGREES TO HOLD CH Hosting FREE AND HARMLESS FROM ANY LIABILITY OR LITIGATION THAT CAN ARISE FROM ANY DOMAIN NAME RESERVATION.

Dedicated Server
Generally, the delivery of dedicated server to client is within 96 hours or less after receive the first payment and passed our verification. In any circumtances, we reserve the right to extend delivery times if required. If the delivery time exceeded the above time frame, customer will be offer the option for refund, if the client decided to select the refund option, cancellation request must be send via our client area and the cofirmation of cancellation will be send to the client before the account or service served as cancelled. Refund amount is the amount after deducted all the administration fees & payment gateway charges and subject to our billing department decision.

Unacceptable content include, but are not limited to copyrighted media, without authority to distribute or display Unlicensed applications/software,cracking programs or key generators,child pornography or kidnapping material, fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation, terrorist propaganda, racist material, or bomb/weapon instructions, virus/Virii, Spyware, Malware, or other infectious material and material protected by trade secret or other statute.

CH Hosting also prohibits IRC and associated programs, scripts commonly used for abuse, attacks, or flooding Threatening, harrassing, or obscene content, any proxies which do not require authentication (including open mail proxies, unprotected anonymous web surfing proxies, etc...).

Legal adult content is permitted on all dedicated server located at Scranton, PA data center. The viewing/downloading or possession of such information/data is not governed by CH Hosting policy, and is at your own discretion, and may be governed by your state/federal government.

Links to unacceptable content, as defined above, are also prohibited.

Interruptions of Service & Data Backup
Due to the nature of the service provided, an interruption could occur for many reasons beyond CH Hosting' negligence. Damages resulting from any interruption of service are too difficult to ascertain. CH Hosting shall not be liable for any damages that arise from such causes. CH Hosting's liability for its own negligence may not in any event exceed an amount equivalent to charges payable for your specific hosting plan during the period damages occurred. CH Hosting does not guarantee that our services will be uninterrupted or error free. CH Hosting will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions.

It is your responsibility to maintain a current back up of your files and folders. CH Hosting does provide a back up service at extra cost and will take a current back up of your site at your chosen interval. Although CH Hosting shared & reseller hosting servers are equipped with daily backup features and services, customers must make their own backup and are fully responsible for their own data hosted in the server. In case of system failure (hard disk failure either master, secondary or backup, processor, memory, etc.), CH Hosting are not liable of any damages and losses caused by hardware failure, natural disaster or foulplay at the datacenter. CH Hosting have the right to add, remove or replace hardware anytime without customers' (clients) consent. However, daily data backup is not applicable to VPS Hosting, hybrid server and dedicated servers, the VPS, hybrid server or dedicated server user responsible to backup their own data.

Limitation of Liability
In no event shall CH Hosting be liable for damages resulting from loss of data, profits, or for any incidental, indirect, punitive or consequential damages in connection with these terms and conditions or in connection with any web hosting account. In no event CH Hosting cumulative liability exceed an amount equivalent to charges payable for your specific dedicated hosting plan during the period damages occurred.

Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD CH Hosting HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST CH Hosting, 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, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CH Hosting AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH CH Hosting'S SERVER; (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 CUSTOMER FROM CH Hosting'S SERVER.

Disclaimer
CH Hosting WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. CH Hosting MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. CH Hosting DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY CH Hosting AND ITS EMPLOYEES. CH Hosting RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME WITHOUT PRIOR NOTICE.

In no circumstance will CH Hosting be liable for any claims resulting from the use or inability to use CH Hosting's services - including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorized access to CH Hosting servers, InterNIC problems, DNS caching, Internet bandwidth congestion, power failures, vandalism, and natural disasters or act of God.

ALL SUB-NETWORKS, RESELLERS OF CH Hosting MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.