1.General Terms and conditions

CTBHost provides World Wide Web Site hosting. CTBHost reserves the right to suspend or cancel any customer's access to any or all services provided by CTBHost when CTBHost decides that the account has been inappropriately used, interferes with server stability or breaches the terms of service.

1.1 SERVER USE

Personal accounts are to be used by the primary owner only. Account holders are not permitted to resell, store or give away web-hosting services of their website to other parties without prior written permission from CTBHOST. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads. CTBHost reserves the right to refuse service and/or access to its servers to anyone. CTBHost does not allow any of the following content to be stored on its servers: -

  • Illegal Material - This includes copyrighted works, commercial audio, video, or music files and any material in violation of any Federal, State or Local regulation. -

  • Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of CTBHost. -

  • Warez - Including pirated software, ROMS, emulators, freaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material. -

1.2 SPAM

Spam or unsolicited email, from our hosted mailboxes is strictly forbidden. If we get complaints from anyone that a certain mailbox is sending out spam then that account will be terminated without notice.

1.3 HIGH RESOURCE USER POLICY

Resources are defined as bandwidth and/or processor utilization. CTBHost may implement the following policy to its sole discretion: When a website is found to be monopolising the resources available, CTBHost reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers, as well as runaway scripts.

1.4 PAYMENT POLICIES

All accounts are set up on a prepay basis. Although CTBHost reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year or month following the date the account was established. Customers WILL automatically be billed again 14 days prior to the end of their prepay period . if payment is not received by the due date of the invoice CTBHost will immediately suspend the facility to purchase services online until the outstanding amount is paid in full. In addition, CTBHost reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via e-mail shortly after the online purchase has been made. If paying by credit card, it is at this point the customer's card will be charged automatically.

1.4.1 PAYMENT BY CHEQUE

Payments made by Cheque will not be considered as received until the funds have been cleared by the bank, if paying by cheque, it is advised that the payment be made at least 4 days prior to the due date to avoid service interruptions.

1.4.2 PAYMENT PLAN

A payment plan can be arranged, however the following conditions apply and are not negotiable.

  • A Payment plan is a privilege not a right and can be withdrawn at any time.
  • Any payment plan must be no longer than 3 months.
  • A firm arrangement must be set out in writing
  • Payments MUST be paid as per the arrangement
  • Failure to make any payment as arranged will cause suspension of all services (including hosting)
  • If the arrangement is breached in any way the remaining balance will be payable in full before services will be resumed.
  • No additional services that would incur a charge will be supplied until the payment plan is concluded or the full amount is paid in full.
  • If the payment is for a website design, all FTP access to the server will be disabled for your account until payment is fully received.
  • The ownership of the web site remains the property of CTBHOST until full payment is received.

1.5 ACCOUNT SUSPENSION .

If an account is suspended for non payment, this will include suspending all access to the server, including email, SSH (if available) and FTP. If after 7 days the account remains unpaid, the account will be deleted from the server completely, including all backups of the account. Any amounts outstanding will then be recovered through the normal debt recovery process. If an account is suspended for ANY reason, the client will lose all special discounts on that account and when the account is reactivated, charging will commence on the standard plan charges AT THE TIME OF REACTIVATION, All other discounts and referral bonuses may also be lost.

1.6 CANCELLATION AND REFUNDS

CTBHost reserves the right to cancel the service at any time. Customer refund requests are to be sent via E-Mail to admin@ctbhost.com and will only be processed in the cases of service non-performance that might be caused by CTBHost. Refund requests will be refused if requested for any cause out of CTBHost's control, For example: - Domain transfer failure. - Failure of any third party programs not supported by CTBHost. - Customer's lack of experience in dealing with web basics and communication protocols

1.7 INDEMNIFICATION

Customer agrees that it shall defend, indemnify, save and hold CTBHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against CTBHOST, 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 CTBHost against liabilities arising out of:

  • Any injury to person or property caused by any products sold or otherwise distributed in connection with CTBHost's server.

  • Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.

  • Copyright infringement.

  • Any defective products sold to customer from CTBHost's server.

1.8 BACKUPS (free)

CTBHOST will backup all websites on a regular basis for client security purposes - however it will not guarantee the integrity of such backups and will not be held liable in any way if such backups are corrupt or not complete. The client may at anytime backup their website to their own computer. If a client's website is required to be restored from a backup, CTBHOST will perform such a restore, the cost (if any) for such a restore will be negotiated at the time required. CTBHOST will not be held liable for any loss of data due to server failure, hacker activity or any other event out of its control.

1.9 SERVER SECURITY

CTBHOST will always attempt to secure the server but will not be liable for any security breaches., It is strongly advised that all clients take the following steps to secure their domain as well as the server as a whole:

  • Change access passwords regularly.

  • Ensure passwords are complex and include a combination of letters,  numbers, uppercase and lower case and do not include any normal words or names.

  • Notify CTBHOST if there has been any breach of security so that CTBHOST can ensure that the server itself has not been compromised.

  • Ensure that any scripts run on the server are secure - if CTBHOST discovers any insecure scripts, they will be deleted or disabled then the user will be contacted and advised..

1.10 Client Uncontactable

if the Client cannot be contacted via e-mail, Phone or other means, CTBHOST may at its discretion suspend all services including email and web services in order to prompt a response from the client.

1.11 DISCLAIMER

CTBHost will not be responsible for any damages your business may suffer, CTBHost makes no warranties of any kind, expressed or implied for services we provide. CTBHost disclaims any warranter 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 CTBHost and its employees.

 

2. Web Design Specific terms and conditions

2.1 supply of information

Information supplied must be in a timely manner and preferably in electronic format, being CD, DVD, Email, disk, or upload via FTP. If information is not supplied in a timely manner to CTBHOST then we may invoice the client on a weekly basis for work done.

2.2 payment

A deposit of 10% or $100 (whichever is the largest) is payable on commencement. The remainder is invoiced on completion, excluding the provisions of section 2.1

All invoices are payable within 14 days of issue. Additional fees may be incurred if the invoice(s) are not paid on or before the due date, including collection fees if referral to collection agency is necessary.

2.3 updates

All updates will be performed in a timely manner - usually within 24 to 48 hours. However, complicated updates may take a little longer. updates can be performed in advance and set to take effect on a particular date. Therefore, if you can provide update information prior to the date it is required,  it can then be scheduled to commence on the date required.

2.3.1 client performed updates

The client can, if they prefer, do their own updates. However, it is highly recommended that the client have appropriate programming knowledge in HTML, PHP, JAVASCRIPT, etc, to perform these updates.

If client performed updates cause the website to fail and we are required to return the site to an operational state, the client will be charged the normal hourly fee for this repair.

2.4 domain name registration

If CTBHOST registers a domain for you, we will do so at our normal charge and the domain will be registered in your name. CTBHOST will supply you with all necessary information regarding the domain registration if you decide to leave us and host with another provider.

2.5 completion of work

Upon completion of the web design as requested by the client, CTBHOST will issue an invoice. This invoice will be payable within 14 days.

From the date of completion, the client will have 14 days to assess the website and request any alterations or corrections, after which, any alterations will incur the normal fees.

Minor alterations, for example changing a phone number, may not incur a charge - this will be at the discretion of CTBHOST.

On completion of any paid alterations, the client will have 7 days to confirm the alterations have been completed to his/her  satisfaction, after which, any further alterations will attract the standard fee.

if any work is completed as per clients requirements but not made live due to client not supplying information all due amounts will be payable.

2.6 Maintenance plan

CTBHOST can provide a 12 month maintenance plan for updates. The price of the plan will depend on the website and will be quoted upon request.

The standard maintenance plan will cover a maximum of 2 hours of updates per month (24 hours total per year).

Any additional updates will be charged at the normal rate.

 

 

3. hosting Specific terms and conditions

3.1 pricing

All web hosting prices will be charged on a monthly, quarterly, biannually, or annual period in advance and the price will be guaranteed for the amount of prepayment.

Prices may change from time to time but a minimum of 30 days notice will be given of any change in pricing. Generally speaking, the price you signed up on will be guaranteed for the period you are connected but may be subject to review periodically

Some plans may not be available on a monthly payment basis

3.2 acceptable use

The user agrees to use the web space and facilities in an acceptable manner to:

  • Abide by legal requirements.

  • Abide by all conditions listed in section 1 of these terms and conditions.

  • Not convey or publish any illegal or immoral information

  • Not run any scripts or bots that may cause excessive load on the server. Such bots or scripts will be terminated or removed from the server

  • What is determined to be acceptable use will be at the sole discretion of CTBHOST and any perceived unacceptable use will be discontinued and the user will be contacted to resolve the issue at the earliest possible convenience via email.


Any breach of the above policies can result in termination of the offending account and may also result in other accounts in the company's or individual's name being terminated, as well as possible legal action. CTBHost reserves the right to revise the above policies at any time.

THESE TERMS AND CONDITIONS WERE LAST UPDATED 26 January 2013 04:31 am