Last revised SEP-2009

C & R Web Services Terms of Use

By using the C & R Web Services website and associated services, you hereby agree to the following terms of use: 

Your Hosting Account

C & R Web Services will setup your account after payment has been received. Prior to account set-up, orders are investigated and screened for fraud. It is you, the Hosting Account Purchasers, responsibility to provide C & R Web Services with accurate contact information, including a current, working email address. In all instances where C & R Web Services will need to contact you, the contact information you provide will be used for this purpose. It is your responsibility to keep your contact information on file with C & R Web Services current at all times. Providing false contact information of any kind may result in the termination of your account. Please read more about what can happen to your domain if you do not keep your contact information updated with your hosting provider or domain registrar.

Existing Website, Email and/or Database Transfer 

C & R Web Services can provide you with an experienced transfer specialist who will make every effort to assist you in transferring your website to C & R Web Services from another host. Transfer services are provided at an hourly rate. C & R Web Services does not guarantee any time frame for the transfer, space availability, or in some cases the possibility of a website, email account or database transfer. All hosting providers configure their systems differently. Some hosts save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. In the case our Transfer specialists is unable to assist you in a transfer of your data from another host, your purchase will be refunded in full. However, you will be responsible for any hourly charges incurred in attempting the transfer.

Please contact us to receive a quote for Transfer Services.

Content 
All services provided by C & R Web Services may only be used for lawful purposes. The laws of the State of California, the State of Texas, and the United States of America apply.

The customer agrees to indemnify and hold harmless C & R Web Services from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please contact C & R Web Services.

Examples of unacceptable material on all servers include:

IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

C & R Web Services services, including all related equipment, networks and network devices are provided only for authorized customer use. C & R Web Services servers are routinely monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of C & R Web Services servers(s) constitutes consent to monitoring for these purposes.

We reserve the right to refuse service to anyone. Any material that we deem obscene, threatening, illegal, or violates our terms and conditions in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you. 

In the instance that and abuse is found, our services will be terminated with or without notice and any violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. An account with a unsecure password may be suspended until your account is updated with a secure password. C & R Web Services regularly moniters passwords to keep you up to date on your password security. You will always be notified that your password is potentially un secure before your account is suspended.

Spam Policy 
Our policy on spam is this, We DO NOT tolerate sending of unsolicited e-mail, bulk emailing, and spam using our servers. "Safe lists" and "double opt-in" emails will be treated as spam. Any user who sends out anything we classify as spam will have their account terminated with or without notice.

Please read our privacy policy for details on all rights our users are insured.

Sites advertised via SPAM (Spamvertised) may not be hosted on C & R Web Services servers. This includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. If your IP space is blacklisted, we will notify you via email and your account will not be restored until the infraction is explained or remedied. If your account generates more than 2 IP blacklist infractions your services will be terminated without notice.

C & R Web Services reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any modifications to the site an/or account content in an emergency at its discretion.

C & R Web Services reserves the right to charge the owner of the account used to send any unsolicited e-mail(s) hourly for any time spent to remedy the situation and put the account back in good standing. These charges will be charged to the credit card the account holder has on file with C & R Web Services.

Your Payment Information 
You agree to supply appropriate payment for the services received from C & R Web Services, in advance of the time period during which such services are provided. You agree that until and unless you notify C & R Web Services of your desire to cancel any or all services received, those services will be billed on a recurring basis. C & R Web Services requires 30 day notice for service cancellation.

Cancellations must be done in writing via the cancellation form provided in your account. Once your cancellation form is received and C & R Web Services has confirmed all necessary information with you via e-mail, we will inform you in writing via email, that your account has been canceled. Your cancellation confirmation will contain a cancellation number for reference. We will process your cancellation shortly thereafter. If you do not receive a cancellation confirmation number, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of C & R Web Services, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. C & R Web Services provides no grace period from the time the invoice is due and when it must be paid. Any invoice that is not paid will result in account suspension and a fee until the account balance has been paid in full.

Invoices that have been paid more than once can only be added as credit towards the account and cannot be refunded. No payments made via PayPal can be refunded via PayPal.

C & R Web Services reserves the right to change the monthly payment amount and any other charges at anytime 

Backups and Data Loss 
Use of C & R Web Services services is at your own risk. C & R Web Services is not responsible for files and/or data stored 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 C & R Web Services servers.

Cancellations and Refunds 
C & R Web Services reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

All refunds are subject to a 30 day processing period and will be paid by check. All refund checks will mailed to the address you have on file with us.

Customers may cancel at any time via a cancellation form.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account: 
Bank Wire Transfers 
Western Union Payments 
Checks 
Money orders

There are no refunds on administrative fees, install fees for custom software, or domain name purchases.

Violations of the Terms of Service will waive the refund policy.

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, C & R Web Services reserves 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 of package, terminate the account and/or charge you an additional fee for the overages. Unused bandwidth in one month cannot be carried over to the next month.

Uptime Guarantee ****** 
If your account 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 C & R Web Services 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 and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact us with justification. All requests must be made in writing via email.

Price Change 
The amount you pay for hosting will never increase during your payment term. Your hosting account is valid for a one year term. A renewal notice will be sent to the email address we have on file for your account 1 month prior to your account expiration noting any price changes. We reserve the right to change prices listed on sleeplesshosting.com, and the right to increase the amount of resources given to plans at any time.

Indemnification

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

Arbitration 
By using any C & R Web Services services, you agree to submit to binding arbitration. If any disputes or claims arise against C & R Web Services or its subsidiaries, such disputes will be handled by an arbitrator of C & R Web Services's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

Disclaimer 
C & R Web Services shall not be responsible for any damages your business may suffer. C & R Web Services makes no warranties of any kind, expressed or implied for services we provide. C & R Web Services 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 C & R Web Services and its employees.

Disclosure to law enforcement 
C & R Web Services 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.

Changes to the TOS 
C & R Web Services reserves the right to revise its policies at any time without notice.