1.) Account Setup / Email on file
We will setup your account after we have received payment. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.
2.) Content
All services provided by CasaryWebSolutions.com may only be used for lawful purposes.
The customer agrees to indemnify and hold harmless CasaryWebSolutions.com 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. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.
CasaryWebSolutions.com services, including all related equipment, networks and network devices are provided only for authorized customer use. CasaryWebSolutions.com systems may be 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 CasaryWebSolutions.com’s system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. CasaryWebSolutions.com may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service 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 troubleticket/email and will have a response within 48 hours.
Sites hosted on CasaryWebSolutions.com’s server(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. CasaryWebSolutions.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question. The exception to this rule is any material that is considered defamatory, libelous, or slanderous in nature toward CasaryWebSolutions.com will be removed and your account will be suspended and/or terminated.
The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like CasaryWebSolutions.com and many of CasaryWebSolutions.com’s other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, CasaryWebSolutions.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under CasaryWebSolutions.com’s webhosting service(s).
If in doubt regarding the acceptability of your site or service, please contact us at info@CasaryWebSolutions.com and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography:
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, 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.
CasaryWebSolutions.com 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 such modifications in an emergency at its sole discretion.
CasaryWebSolutions.com reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of CasaryWebSolutions.com.
4.) Payment Information
You agree to supply appropriate payment for the services received from CasaryWebSolutions.com, in advance of the time period during which such services are provided. You agree that until and unless you notify CasaryWebSolutions.com of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, 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 CasaryWebSolutions.com, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify CasaryWebSolutions.com of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by CasaryWebSolutions.com. CasaryWebSolutions.com reserves the right to bill your credit card or billing information on file with us. CasaryWebSolutions.com provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to CasaryWebSolutions.com for services rendered. Access to the account will not be restored until payment has been received.
CasaryWebSolutions.com reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Cancellations and Refunds
CasaryWebSolutions.com reserves the right to cancel, suspend, or otherwise restrict access to 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.
There are no refunds.
6a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold CasaryWebSolutions.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against CasaryWebSolutions.com, 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 CasaryWebSolutions.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with CasaryWebSolutions.com; (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 CasaryWebSolutions.com’s server.
6b.) Arbitration By using any CasaryWebSolutions.com services, you agree to submit to binding arbitration. If any disputes or claims arise against CasaryWebSolutions.com or its subsidiaries, such disputes will be handled by an arbitrator of CasaryWebSolutions.com’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.
7.) Disclaimer
CasaryWebSolutions.com shall not be responsible for any damages your business may suffer. CasaryWebSolutions.com makes no warranties of any kind, expressed or implied for services we provide. CasaryWebSolutions.com 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 CasaryWebSolutions.com and its employees.
8.) Disclosure to law enforcement
CasaryWebSolutions.com 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.
9.) Changes to the TOS
CasaryWebSolutions.com reserves the right to revise its policies at any time without notice.