Terms
IMPORTANT NOTE: Some of these rules come directly from our data
center.
Be aware that these terms can change at any given time.
When major changes are made, there will be announcements about them posted.
TERMS OF SERVICE (TOS)
ACCEPTABLE USE POLICY (AUP)
RESOURCE ABUSE POLICY (RAP)
SERVICE LEVEL AGREEMENT (SLA)
TERMS OF SERVICE (TOS)
SATISFACTION GUARANTEED
If for any reason you are unhappy with the services you receive from CART
during the first 30 days of service, you may request in writing via email
that your services be discontinued at which time you will receive a full
refund. You must also state a detailed reason as to why you are cancelling
(as we request for any cancellation, no matter the time frame). We are the
sole arbiter as to if your reason is a valid reason and if all possible
steps were taken on your side and on ours to correct the situation causing
the interest to cancel.
NEW ACCOUNTS
All new web hosting accounts purchased are set up in a timely fashion,
usually within 24 hours of sign-up. Your account term begins when the setup
email is sent to you by our staff. You will receive an e-mail with all of
the details for connecting to the server, including your login name,
password and DNS settings..
DOMAIN NAMES
In order to set up your domain name to point to the server, you must update
your domain's DNS settings to reflect the ones that will be included in your
Welcome e-mail. This process is not known as a domain transfer. CART
Enterprises will take necessary steps to register domain names on behalf of
the client when requested. However, clients are responsible for renewing
their domain names. CART Enterprises does not take responsibility for
failing to renew domain names. If your domain name was registered via our
company, you must check and take appropriate actions to renew a domain that
is about to expire. We do not handle renewals unless specifically asked for
by sending a ticket to our helpdesk.
PAYMENTS
When you subscribe to our services, you are subscribing to a pre-paid
service. Renewal
notices are sent via email 30, 14 and 7 days before the renewal date.
Accounts 3 days past due will be disabled. Accounts 15 days past due will
require a $15.00 USD fee to re-activate. We only accept credit cards and
check (debit) cards through PayPal for payment of services.
Yearly plans renew automatically and are charged to the most recently
updated credit card on file. In the event that your yearly charge is denied
and we are unable to contact you, then the aforementioned fees to enable
your account shall apply.
CANCELLATIONS
If you wish to cancel your services, you must email us.: If you cancel your
account and your payments still continue for any reasons such as
1) by fault of CART Enterprises staff
2) by fault of the credit card processor
3) by fault of any other payment collection company,
we are not responsible for any overdraft fees that may be issued by your
financial institution. Our only responsibility is to refund incorrect
charges.
OVERAGE CHARGES
Our service plans are designed to accommodate the majority of usage
scenarios given the needs of our customers. However, your usage may vary and
require additional allocations, specifically in the areas of storage or
traffic (bandwidth). We will never charge your card automatically if your
account requires more resources. You must keep your email address updated
within your cPanel, so that you may receive an email when your account
reaches certain limits determined solely by our system, ie. bandwidth
warning at 80%, at which time you may contact us to purchase a higher
transfer quota for your account, or emergency one-time bandwidth. If you do
not contact us, the system will suspend your site if your allotments exceed.
REFUNDS/ ACCOUNT TERMINATION
If, for any reason, CART Enterprises fails to deliver said services, a
prorated refund will be issued. No refunds will be issued if abuse of our
stated policies forces CART Enterprises to suspend or terminate your
services prematurely. In the event you request account cancellation, once
your service has been cancelled your account will be suspended from use. It
will then be deleted within 30 days. If for any other reason your account
becomes suspended (i.e. for non-payment) and remains suspended it will be
deleted after a 30-day period.
CONTENT
CART Enterprises believes in freedom of speech; however, any content
(written, visual, or implied) in the following areas will not be tolerated
and is grounds for immediate termination of service: racism or prejudice due
to color, creed, or belief; profanity or obscene language towards anyone but
yourself; any content not suitable for minors. We prefer that you
self-govern your content and are responsible as to what your website
provides. We do not have the resources and time needed to govern our servers
constantly which have growing and evolving content. However, if CART
Enterprises is made aware of any questionable content on a hosted site, we
will address the concerns directly with you and seek an amiable resolution.
Adult content sites must have age verification capabilities, and in no case
may any site host material that is illegal in the
OPT-IN EMAIL MARKETING AND SPAM
If you choose to engage in marketing your site and/or services via email
please heed the following. The only permitted form of email marketing is
that in which the list is "opt-in". By definition, opt-in is where people
provide you with their email address specifically requesting to be on your
email list for information about your site and/or service. If we find your
account trasnmitting email to persons that did not authorize such activity,
that is grounds to suspend and terminate your site. Note: The joining of an
opt-in email list does not guarantee the legitimacy of such a list. Please
contact us before taking any steps so that you will not be a victim of spam
from second and third parties of such lists.
UCE, UBE
CART Enterprises has a zero tolerance policy regarding unsolicited
commercial email (UCE) and unsolicited bulk email (UBE) also known as
"spam". An electronic message is "spam" IF: (1) the recipient's personal
identity and context are irrelevant because the message is equally
applicable to many other potential recipients; AND (2) the recipient has not
verifiably granted deliberate, explicit, and still-revocable permission for
it to be sent; AND (3) the transmission and reception of the message appears
to the recipient to give a disproportionate benefit to the sender. Upon
confirmation of abuse, any CART Enterprises customer engaging in this
practice will have their service terminated immediately without refund. Not
only does spam place a strain on the server that can negatively effect that
server's uptime record and performance record, you subject that server to be
blacklisted, effecting any other sites hosted thereon.
You will be cited with "UCE/UBE Abuse" if you send any email to persons who
have not specifically asked to receive email from you. The sending origin of
such email is irrelevant.
If your site will be sending mailings out to subscribers, this is a
checklist of what you are required to do:
*You must not try to hide, forge or misrepresent the sender of the e-mail
and sending site of the e-mail.
*Bulk mailings must specifically state how the persons' e-mail addresses
were obtained and must indicate the frequency of the mailing.
*Bulk mailings should contain simple and obvious unsubscribe mechanisms. We
recommend that this be in the form of a working link to a one-click
unsubscribe system; however, a valid "reply to:" address may be used
instead.
*All subscription based e-mail must have valid, non-electronic, contact
information for the sending organization in the text of each e-mail
including either a phone number or physical mailing address.
*All bulk e-mail must be solicited, meaning that the sender has an existing
and provable relationship with the e-mail recipient and the recipient has
not requested not to receive future mailings from the sender. Documentation
of the relationship between the sender and the recipient must be made
available to AOL upon request.
Prohibited Uses of CART Enterprises Hosting Systems and Services Regarding
Spam
*Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of
Unsolicited Bulk Email through CART Enterprises' servers is prohibited.
Likewise, the sending of UBE from another service provider advertising a web
site, email address or utilizing any resource hosted on CART Enterprises'
servers, is prohibited. CART Enterprises accounts or services may not be
used to solicit customers from, or collect replies to, messages sent from
another Internet Service Provider where those messages violate this Policy
or that of the other provider.
*Running Unconfirmed Mailing Lists. Subscribing email addresses to any
mailing list without the express and verifiable permission of the email
address owner is prohibited. All mailing lists run by CART Enterprises
customers must be Closed-loop ("Confirmed Opt-in"). The subscription
confirmation message received from each address owner must be kept on file
for the duration of the existence of the mailing list. Purchasing lists of
email addresses from 3rd parties for mailing to from any CART
Enterprises-hosted domain, or referencing any CART Enterprises Hosting
account, is prohibited.
*Operating an account on behalf of, or in connection with, or reselling any
service to, persons or firms listed in the Spamhaus Register of Known Spam
Operations (ROKSO) database at
www.spamhaus.org.
LIABILITIES
CART Enterprises makes no endorsement, claims, or promises regarding the
services offered by our customers and will not be held liable for any
disputes or claims against said customers. In no event shall CART
Enterprises be liable for any direct, indirect, incidental, consequential,
special and exemplary damages, or any damages whatsoever, arising from the
use or performance of this web site or from any information, services or
products provided through your web site. We are not responsible for any
content on any server in our network and will not take any action against
any questional material or action until the website in question is brought
to our attention by emailing our abuse department.
ACCEPTABLE USE POLICY (AUP)
CART Enterprises is dedicated to providing top quality service at a very
affordable price. The conditions which follow are necessary to ensure that
we may continue to provide the best possible service to all of our customers
whilst at the same time satisfying our legal and ethical responsibilities.
Failure to follow any condition will be grounds for immediate account
deactivation without notice. CART Enterprises will be the sole arbiter as to
what constitutes a violation of any of these provisions.
Activity which results in the suspension or deactivation of an account will
result in a forfeiture of all fees paid. Complaints made regarding abuses of
an account will be investigated and if found guilty will be grounds for
immediate suspension.
To report suspected abuses or any violations of these policies, please
contact our abuse department.
ILLEGAL USAGE
CART Enterprises servers may be used for lawful purposes only. Transmission,
storage, or distribution of any information, data or material in violation
of any applicable law or regulation is prohibited. This includes, but is not
limited to: copyrighted material, trademark, trade secret or other
intellectual property right used without proper authorization, and material
that is obscene, defamatory, constitutes an illegal threat, or violates
export control laws. Examples of non-acceptable content or links: Pirated
software, Hackers programs or archives, Warez sites, MP3, and IRC bots. Any
type of forum/discussion board discussing where to obtain such files or one
that distributes the files is also prohibited. The subscriber to CART
Enterprises Hosting service agrees to indemnify and hold harmless CART
Enterprises from any claims resulting from the use of the service that
damages the subscriber or any other party. CART Enterprises will be the sole
arbiter as to what constitutes a violation of this provision.
ILLEGAL CONTENT
CART Enterprises does not allow background Daemons such as IRC bots; eggdrop;
BitchX; XiRCON; and any other program that interferes with normal server
operation. No warez is allowed. Web proxies are not tolerated. This includes
but is not limited to NPH-Proxy and web proxy. If your site is found to hold
any proxy files, your account will be suspended and the account holder will
be issued a fee of $50 USD. When using an account with shell, you are not
allowed to run ANY servers or services on the CART Enterprises network.
Servers are defined as perlbots, proxies, BitchX, psyBnc, root exploits,
DDoS scripts, Shoutcast servers, etc. Running any of these will face an
immediate suspension, and users will be subject to a fine no less than
$50.00 USD, and no more than $100.00 USD. CART Enterprises reserves the
right to terminate an account for these activities also.
SERVER RESORCES
Any website that uses a high amount of server resources (such as, but not
limited to, CPU time, memory usage, and network resources) will be given an
option of either paying extra to upgrade to a different plan or reducing the
resource used to an acceptable level. If the situation continues, the site
may be subject to suspension. CART Enterprises shall be the sole arbiter of
what is considered to be a high server usage level.
FILE USAGE & STORAGE
CART Enterprises web hosting accounts are not to be used for the purposes of
distributing and/or storing an unusual amount of files. We are a web hosting
company, not a remote file storage company. Any web site whose disk space
usage for storing the files exceed 70% of its total usage, either in terms
of total size or number of files, will be deemed to be using unusual amount
of files. At that point, if we find that those files are illegal or harmful
in any way, you will be notified. If you do not have any negative intentions
such as causing harm to our server or to others with the files you keep,
then you have nothing to worry about.
CHAT ROOMS
CART Enterprises does not provide nor allow chat rooms on shared hosting
enviroments.
IRC
CART Enterprises Hosting does not allow IRC or IRC bots to be operated on
our shared servers.
SECURITY
Users are prohibited from violating or attempting to violate the security of
the CART Enterprises Network. Violations of system or network security may
result in civil or criminal liability. CART Enterprises will investigate
occurrences, which may involve cooperation with law enforcement authorities
in prosecuting Users who are involved in such violations. These violations
include, without limitation:
1) Accessing data not intended for such user or logging into a server or
account, which such user is not authorized to access,
2) Attempting to p
3) Attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading, "flooding", "mail
bombing" or "crashing",
4) Forging any TCP/IP packet header or any part of the header information in
any e-mail or forum posting,
5) Taking any action in order to obtain services to which such User is not
entitled,
6) Attempting to couple many hosting packages together to take advantage of
massive space or bandwidth allocations,
Each hosting package purchased is unique to a do main name and use - you are
not allowed to purchase multiple plans to obtain combined bandwidth & space.
CART Enterprises Hosting will stop such transactions and label them as
deceptive. We have an upgrade path for all services and we can often times
work out special deals for users if they ask us for the assistance.
Violations of system or network security are prohibited, and may result in
criminal and civil liability. Examples include, but are not limited to the
following: Unauthorized access, use, p
SERVER ABUSE
Any attempts to undermine or cause harm to a CART Enterprises Hosting server
or customer of CART Enterprises Hosting is strictly prohibited. Any
sub-networks of CART Enterprises Hosting and dedicated servers must adhere
to the above policies. The failure to meet or follow any of the above
guidelines are grounds for account deactivation. We reserve the right to
remove any account without prior notice.
CLIENT RESPONSIBILITY
The client is responsible for all activity originating from the account
unless proven to be a victim of outside hacking or address forgery. The
client is responsible for securing their username/password. The client
assumes responsibility for all material on their site that may be put on by
a third party (such as the usage of Free For All links pages). Use of CART
Enterprises Hosting's service requires a certain level of knowledge in the
use of Internet languages, protocols, and software. This level of knowledge
varies depending on the anticipated use and desired content of the web space
by the client. The following examples are offered: Web Publishing: requires
knowledge of HTML, properly locating and linking documents, FTPing Web
contents, Graphics, text, sound, image mapping, etc. FrontPage web
publishing: knowledge of the FrontPage tools as well as Telnet and FTP
understanding and capability. CGI-Scripts: requires a knowledge of the UNIX
environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
Mail: a use of mail clients to receive and send mail, etc. The client agrees
that he or she has the necessary knowledge to create and maintain their web
space. Client agrees that it is not the responsibility of CART Enterprises
Hosting to provide this knowledge or support outside matter specific to CART
Enterprises Hosting servers.
BACKUPS
CART Enterprises Hosting takes extreme steps to maintain system integrity.
However, CART Enterprises Hosting shall not be held responsible for loss of
data due to any cause. To ensure the highest level of data protection, CART
Enterprises Hosting recommends that ALL information be backed up on your own
computer. As with any data that you hold a high importance to, it should be
in more than one location at all times. All CART Enterprises Hosting data
backups are designed against hardware failure not customer user error.
ACTIONS TAKEN
The failure by a customer to meet or follow any of the above policies/terms
is grounds for account deactivation. CART Enterprises Hosting will be the
sole arbiter as to what constitutes a violation of the AUP. CART Enterprises
Hosting reserves the right to remove any account without prior notice.
When CART Enterprises Hosting becomes aware of an alleged violation of its
AUP, CART Enterprises Hosting will initiate an investigation. During the
investigation, CART Enterprises Hosting may restrict a customer's access in
order to prevent further potentially unauthorized activity. Depending on the
severity of the violation, CART Enterprises Hosting may, at its sole
discretion, restrict, suspend, or terminate a customer's web hosting account
and/or pursue other civil remedies. If such violation is a criminal offense,
CART Enterprises Hosting will notify the appropriate law enforcement
authorities of such violation.
CART Enterprises Hosting does not issue credits for outages incurred through
service disablement resulting from AUP violations.
CART Enterprises Hosting customers agree to indemnify and hold harmless CART
Enterprises Hosting from any claims resulting from the use of our services
that damages them or any other party. The CART Enterprises Hosting service
is provided on an as is, as available basis without warranties of any kind,
either express or implied, including, but not limited to, warranties of
merchantability, fitness for a particular purpose or non-infringement. CART
Enterprises Hosting expressly disclaims any representation or warranty that
the CART Enterprises Hosting service will be error-free, secure or
uninterrupted. No oral advice or written information given by CART
Enterprises Hosting, its employees, licensors or the like, will create a
warranty; nor may you rely on any such information or advice. CART
Enterprises Hosting and its partners and suppliers will not be liable for
any cost or damage arising either directly or indirectly from any
transaction or use of the service.
MODIFICATION
CART Enterprises Hosting reserves the right to add, delete, or modify any
provision of this policy at any time without notice.
REFUSAL OF SERVICE
We reserve the right to refuse, cancel, or suspend service at our sole
discretion. An example of refusal of service is if an account continues to
abuse our policies after warnings. Refusal, cancellation or suspension of
services especially holds true to issues with spam or any script abuse.
Another example of refusal of service is if a customer becomes very
unreasonable, unprofessional, extremely difficult to work with or
threatening. Said customer's account will be suspended and we will recommend
to the customer to find a new host. A backup of the account(s) will be
provided.
RESOURCE ABUSE POLICY (RAP)
Any website on our shared servers that uses a high amount of server
resources (CPU, memory usage, and network resources) will be given an option
to pay for a higher level plan. The abuse and misuse of system resources is
a serious p
AVERAGE SERVER RESOURCE LIMITS
Memory usage may not exceed 10% per domain/file/application
CPU usage may not exceed 20% per domain/file/application
Apache connections may not exceed 30 connections
15 MySQL maximum user connections allowed
350 emails per hour, per domain
There are special exceptions to these rules to be determined at the time we
discover abuse. There are different combinations of usage that can create p
SERVICE LEVEL AGREEMENT (SLA)
COVERAGE
This web site availability service level agreement (
SERVICE LEVEL
CART Enterprises endeavors to have network connectivity available for http
access by third parties 99% of the time ("web site availability").
CREDITS
Credits will usually be applied within sixty (60) days of your credit
request.In the event that there is no web site availability, CART
Enterprises will credit the monthly service charge for the service as
calculated below and as measured 24 hours a day in a calendar month. The
maximum credit is not to exceed the monthly service charge for the affected
month:
Web site availability credit
95% to 99.4% = 25%
90% to 94.9% = 50%
89.9% or below = 100%
In order for you to receive a credit on your account, you must request such
credit within seven (7) business days after you experienced no web site
availability so that we may check our stats and your stats. You must request
credit by sending an electronic mail message to our billing department. For
security, the body of this message must contain your domain name, the dates
and times of the unavailability of your web site, and such other customer
identification requested by CART Enterprises. Credits will usually be
applied within sixty (60) days of your credit request. Credit to your
account shall be your sole and exclusive remedy in the event that there is
no web site availability.
RESTRICTIONS
Credits shall not be provided to you in the event that you have no web site
availability resulting from (i) scheduled maintenance, (ii) your behavior or
the performance or failure of your equipment, programs or applications, or
(iii) circumstances beyond CART Enterprises Hosting's reasonable control,
including, without limitation, acts of any governmental body, war,
insurrection, sabotage, embargo, fire, flood, strike or other labor
disturbance, interruption of or delay in transportation, unavailability of
interruption or delay in telecommunications or third party services
(including DNS propagation), failure of third party software or hardware or
inability to obtain raw materials, supplies, or power used in or equipment
needed for provision of your Web Site.
LIMITATIONS
Online p
