Acceptable Use and Indemnification Policy
Same Day Hosting reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt.
Same Day Hosting strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Same Day Hosting customers and us against such harm.
Spam
Same Day Hosting is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any violation of Federal or State laws related to Spam, from being sent either: Over the Same Day Hosting network, by customers or any other users of the Same Day Hosting network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the Same Day Hosting server. We also prohibit the selling products that can be used for spamming.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy.
If you have any complaints or comments regarding Spam on our network, please direct them via email to abuse@SameDayhosting.com.
Account Ownership
Same Day Hosting is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, email address, username, & password. If you give this information to any other party or give access to your email address on your account to another party, you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or Web site.
If you are a Web designer and you are not the person paying for the hosting account we advise you to receive payment for your work before you publish it to our servers. Once the Web site is published to our servers the account owner has retained ownership of that content.
Content Policy
All services provided by Same Day Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Same Day Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography and sex-related links or merchandising is prohibited on all Same Day Hosting servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Same Day Hosting will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to Same Day Hosting servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links:
* Pirated software
* Hacker programs or archives
* Warez sites
* Pornography or Adult Material
Same Day Hosting will be the sole arbiter as to what constitutes a violation of this provision. Same Day Hosting does not host competitor sites or web pages promoting sites of its competitors.
Any deliberate attempt to cause damage to Same Day Hosting or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.
Email Policy:
Same Day Hosting may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email as any email messages sent to more than 10,000 email addresses in one day or more than 10 news groups.
Email accounts should be kept below 10 MB in total. If your email account becomes greater than 10 MB, Same Day Hosting reserves the right to move the email to another server and delete it after 30 days. The owner of the email account will be contacted before we move the mail. If your mail has been moved please contact Same Day Hosting Tech Support via Online chat or email to correct the situation before the emails are deleted. This is normal for most accounts since email is typically accessed on a regular basis using an email client such as Outlook, Outlook Express or Eudora.
Same Day Hosting accepts no responsibility for viruses that may be transmitted to you via email, ftp, http or any other means of electronic transfer. Same Day Hosting does provide some virus scanning on its servers. We are monitoring for viruses that could affect our Linux servers, and not viruses that could affect other operating systems like Windows. Therefore, we cannot prevent the transmission of viruses to your computer system via the Internet. It is the responsibility of the client to ensure they have Virus Software and that it is updated regularly.
Chat Policy:
Same Day Hosting does not allow chat rooms. You can however link your site to a chat provider. Some examples of chat providers are: www.livepersononline.com, www.liveperson.com, and www.boldchat.com.
CGI Scripts Policy:
Each account comes with its own CGI-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effect normal server operation or service to other Same Day Hosting customers. For the protection of all our customers, we also reserve the right to discontinue service to those customers who continue to run scripts that effect normal server operation. No chat rooms or similar scripts allowed.
Sub hosting Policy:
Same Day Hosting allows the hosting of multiple websites on our shared services per the following guidelines. The number of sites is restricted based on the type of shared hosting plan purchased. Check our Compare Plans page to see how many sites are allotted to a particular plan. Additional sites share the transfer, disk space, email, and mySQL allotments granted the initial plan. Only 1 control panel is provided. Subdomains (of the form "subdomain.domain.com") are considered additional sites and deduct from the available site total in the same manner as completely separate domains.
Traffic Policy:
Same Day Hosting imposes very generous traffic limits that most sites never reach, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Same Day Hosting customers are discouraged from storing any files that cause excessive traffic on Same Day Hosting servers. Please contact Same Day Hosting Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.
We reserve the right to charge additional fees for sites that exceed our generous traffic limits. Sites that exceed their traffic limits will be suspended without prior notification if they do not purchase add-on traffic packages.
Backups:
Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and any information on their account including but not limited to clients website, email, databases, mailing lists, and archives. The "Archive Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of Same Day Hosting, we will attempt to recover the data at no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Same Day Hosting will attempt to recover the data from the most recent archive for a $50.00 fee.
Indemnification Policy:
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law. You agree to use all Same Day Hosting services and facilities at your own risk. Same Day Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Same Day Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Same Day Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Same Day 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 Same Day Hosting against liabilities arising out of;
1. any injury to person or property caused by any products sold or otherwise distributed in connection with Same Day 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 Same Day Hosting’s server.
Same Day Hosting shall be the sole judge of what violates this Policy.
Same Day Hosting is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, username, & password. If you give this information to any other party you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information.
Telephone Support:
Client agrees to use the Help Desk located at helpdesk.Same Dayhosting.com for technical support issues. Same Day Hosting does, however, offer telephone support to clients. Client agrees not to abuse this resource. Same Day Hosting shall have sole authority to determine violations of this policy.
Payment Policies and Fees:
By signing up for hosting with Same Day Hosting, you are agreeing that your hosting account will be automatically renewed, and your credit card will be charged (if you are paying by credit card). Payment is due each anniversary (one month, three months, six months, one year, or two years) following the date the account was established. Your credit card will be automatically charged on your anniversary (if you are paying by credit card) unless a cancellation request is submitted by using the cancellation form. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Additional features can be added at any time. Monthly feature prices are not prorated. Same Day Hosting reserves the right to change prices or plans at any time. NOTE: Same Day Hosting charges a $25.00 fee for returned checks as well as charge backs. For international customers: check or money order funds must be drawn in US dollars.
Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.
Cancellation Policy:
You may cancel at anytime. To cancel your account, please read these instructions. As a policy, we do not offer credits or refunds for hosting time already expended. We do give refunds after charging you for months already used calculated on the monthly hosting price for your plan, should you want to cancel prepaid service. Promotion discounts, such as free domains, will be charged at the domain purchase rate if an account is cancelled before the promotional period ends. Setup fees are non-refundable. All monetary transactions are in $US dollars.
Resellers:
* You must follow our steps to becoming a reseller which includes filling out our Reseller Credit Card Authorization form before you may resell for Same Day Hosting. For more information go to our Resellers Page.
* You provide billing to your customers. We do not bill your customers. We bill you for the domain name and space, then you turn around and bill them for your cost from us and your services in addition to that.
* We can only allow you to be a reseller if you are paying by credit card.
* Actual or attempted violations of policy by a customer's end user shall be considered violations of the policy by the customer regardless of intention and will be acted upon accordingly.
* Your customers are given a limited amount of transfer and if we feel that one of your customers are using up more transfer than allocated or are taking up too much of the CPU usage then we will need to pass some of the extra cost on to you and you will need to pass it on to your customer. You will need to put that in your terms and conditions for the hosting. You can monitor your customers bandwidth in their control panel.
* You agree that neither you nor your customers can hold us responsible for services that you offer.
* Your customers have to abide by the same terms and conditions as you do, or we have the right to cancel any of your reseller accounts.
* If you abuse our services, we reserve the right to cancel your account, which will also cancel your customers accounts.
* We reserve the right to remove the link to a reseller's Web site on our Web Design page if it has been determined that the reseller is affiliated in any way with a competitor of Same Day Hosting, if it has been determined that the reseller is not representing Same Day Hosting professionally or appropriately, or if it has been determined that the reseller has violated our Acceptable Use Policy.
Uptime Guarantee/Service Level Agreement:
View our Uptime Guarantee/Service Level Agreement
30 Day Money Back Guarantee:
All Web Hosting plans include a 30 day money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund (minus setup fees and overage charges) if you cancel your account within 30 days of the activation of your account.
Our refund policy does not apply to any additional items or services; this includes but is not limited to Data Storage, Data Transfer, MySQL Databases, FTP Logins, and Sub Domains. Also not included are Domain Registrations as well as Reseller programs. This money back guarantee is not available after 30 days. Any request for cancellation must be received via the web form and you will receive a confirmation upon the cancellation of your account. Cancellations over the telephone and informal email are not accepted.
The 30 day money back guarantee does not apply to reseller accounts, or any fees associated with these accounts.
Accounts cancelled/terminated by Same Day Hosting for violating our Acceptable Use Policy do not qualify for the 30-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.
Please allow 4-6 weeks for refunds of check or money order payments.
We may modify any of the terms and conditions contained in this Acceptable Use Policy, at any time and in our sole discretion, by posting a change notice or a new agreement on our site.
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