Cannabis Hosting, a division of Self-Hemployed, provides web hosting to many clients, and it has a responsibility
to protect each client to provide the best services available. The following guidelines were designed to ensure these obligations
are met.
Introduction
This Terms of Service is an agreement between Customer and Cannabis Hosting, a division of Self-Hemployed, ("Agreement")
and applies to Customer's account(s) with Cannabis Hosting. PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future
reference. Please note that the information contained herein is subject to change without notice. Customer agrees to periodically
consult this website for changes or amendments to this Agreement. Cannabis Hosting may, but is under no obligation to, provide
notices of any amendment, modification or update of this Agreement via e-mail to Customers.
General Provisions
While using Services provided by Cannabis Hosting you agree to the following terms and conditions.
Definitions
"We" "Us" "Provider" or "Cannabis Hosting" refers to Cannabis
Hosting, a division of Self-Hemployed, and
"You" "Your" "Client"
or "Customer" refers to each person or entity who applies for internet service or is a designate of any one
who applies for internet service with Cannabis Hosting.
Services Provided by Cannabis Hosting
Cannabis Hosting will rent Internet server space ("Services") to its customers for the purpose of allowing customers to provide
http internet content to the general public. The Services allow Cannabis Hosting customers to maintain internet websites, receive
and maintain e-mail accounts, and access web space via FTP to upload files for their websites. Cannabis Hosting customers
will use the provided Services in a manner consistent with all applicable State and Federal laws. Cannabis Hosting will make
no effort to edit, control, monitor or restrict the content of data other than as necessary to provide Services. If any
of the activities referenced below are committed, Cannabis Hosting may immediately terminate Customer's account(s) without notice.
Cannabis Hosting will be the sole and final arbiter as to what constitutes a violation of the terms and conditions of this
Agreement.
All services provided by Cannabis Hosting of Self-Hemployed may be used for lawful purposes only. Transmission, storage,
or presentation of any information, data or material in violation of any or United States Federal, State or City, or any International
laws is prohibited. This includes, but is not limited to: copy righted material, material we judge to be threatening or obscene,
or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Self-Hemployed
from any claims resulting from the use of the service which damages the subscriber or any other party.
I l l e g a l p o r n o g r a p h y is prohibited on all our servers. This includes equally sites that link to such content.
If you are unsure whether or not your site falls into this category feel free to contact
us with a description before signing up for an account or publish material as an existing customer.
Self-Hemployed 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 Self-Hemployed servers
or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
Pirated software
i l l e g a l p o r n o g r a p h i c sites (such as c h i l d p o r n)
Violations of Copyrights
Hacker programs or archives
Warez sites
Hate propaganda
Spam is a direct violation and will get the site deleted without notice or refund. Selling of software and or bulk email addresses
is not acceptable on our servers. Spamming WILL get your account terminated.
MP3 and other types of sites designed for downloading of material by a mass user group. This includes but is not limited to, Music,
video, audio, Software or Freeware or Shareware, Free Images and backgrounds, and anything else that makes it an excessively
high bandwidth site with the sole purpose to distribute freely products for download.
Self-Hemployed will be the sole arbiter as to what constitutes a violation of this provision.
Disk Space and Client Content
Single-domain hosting accounts: Cannabis Hosting offers varioussingle-domain hosting accounts. Neither disk space nor bandwidth
can be increased. We reserve the right to not host any single website that consumes over 1000 MB of disk space. Each plan
has a 15,000 file limit. Single-domain accounts are to be used by the primary owner only. Single domain account holders are
not permitted to resell web-hosting services of their website to other parties, however. Client agrees that webpages and files
uploaded to our servers will not violate any state, federal or foreign laws or regulations; infringe on any intellectual
property rights of Cannabis Hosting or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be
discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which
result in damage to Cannabis Hosting or any third party. Customers may not run IRC bots or clients. Unacceptable uses of our service
also include: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content or links to adult websites, nudity,
copyrighted MP3s, illegal content, copyright infringement, trademark infringement, warez, cracks, or software serial numbers. Cannabis
Hosting will be the sole and final arbiter as to what constitutes a violation of this policy.
Bandwidth Usage
Cannabis Hosting offers various plans with various data transfer allocations per month. All single-domain plans have a monthly
limit, which are listed in the plan details for each hosting plan. Bandwidth is calculated on a recurring 30 days. Bandwidth
cannot be combined with multiple plans. We reserve the right to not host any website that consumes over 35 GB per month.
Excessive Resource User Policy: Resources are defined as bandwidth and/or processor utilization. A website is considered to be
using "Excessive amounts of resources" when it monopolizes the resources available by using 10% or more of system resources
for longer than 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, PHP,
FTP, HTTP, etc. A site that consumes over 35 GB/month of bandwidth is also considered "excessive resources." This policy
is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. We reserve the rights
to suspend or terminate any hosting account that we feel is jeopardizing our network. Cannabis Hosting will be the sole
and final arbiter as to what constitutes a violation of this policy.
MySQL: Each database has a 3 user limit, 36,000 queries/user per hour and 3,600 connections per hour.
No "Spam": UCE/UBE or "Spam" originating from a Cannabis Hosting account, or associated with a Cannabis
Hosting account, is not tolerated. This includes any e-mail that promotes web sites hosted on a Cannabis Hosting account
but is sent from an e-mail address not associated with that Cannabis Hosting account. Client shall not use their Cannabis
Hosting services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given
specific permission to be included in such a process. Cannabis Hosting reserves the right to deactivate or terminate any account(s)
upon any indication of such activity without notice. There willbe a $140 clean up fee if an account was suspended for policy
violation. There is a 2000 Email limit that can be sent out within a 24 hour period.
False Information: False Information. Client agrees not to post false or inaccurate information to news groups in violation
of the news groups' rules and regulations. If any news groups or service providers contact Cannabis Hosting concerning unethical,
false or unlawful activities by you, Cannabis Hosting reserves the right to terminate your service without notice.
Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use
of the Services.
Back-Up Files: Cannabis Hosting will make every reasonable effort to protect and backup data for Client on a regular basis,
however Cannabis Hosting does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, client
is solely responsible for independent backup of data stored on Providers server and network. There is a one time fee of
$100 for our Administrator to retreive client's individual back-up files. (We like to encourage you to make your own backups —
our plans allow you to do so from the hosting control panel.)
99.9% Uptime: Self-Hemployed have a 99.9% average uptime across the entire network at large, which includes webservers, mailservers,
and more - as a whole. If a single server is temporarily offline, the rest of the Cannabis Hosting servers remain unaffected and
uninterrupted, thus contributing to our overall uptime.
Domain Name Registration: Cannabis Hosting uses eNom for domain name registration. All listed registration and transfer fees
are annual fees. (Note that domains do not need to be transferred to our registrar for the sites to be hosted with Cannabis Hosting.)
We reserve the right to refuse services to anyone engaging in what is generally known as "domain hijacking."
Right to Refuse Service
At its sole discretion, Cannabis Hosting has the right to refuse any and all service or services to any applicant, customer,
client whether it be an individual or legal entity.
Payment Obligations, Renewals, and Cancellations
Payment Obligations: Full payment is required in advance, before hosting service is established. You grant Cannabis Hosting the
right to debit the credit card or bank account via our online billing services 2CheckOut, SWREG, or PayPal, depending on the
form or payment and currency you choose to pay in. You will be billed until the service is cancelled by you in writing (e-mail
or FAX) or is cancelled by Cannabis Hosting according to terms of this Agreement. You warrant and represent that the information
you supply in the Order Form (or other information that Cannabis Hosting may require) is accurate and truthful. All payment-due
notices will be send by electronic mail by 2CheckOut, SWREG, or PayPal. No bills or invoices will be sent by postal mail
or FAX. If payment was not received by the renewal date, your account will be suspended within 10 days after payment due date.
Any suspended account will be terminated within 15 days after payment due date if no payment is received within this time.
Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice
to Cannabis Hosting two (2) days before the renewal date that
you do not wish to renew such account.
Cancellation: You may cancel at anytime. To cancel an account, send a short e-mail message with your name, username, and account
password to: sales@CannabisHosting.com
or fax the same (see Contact Us page for FAX numbers). If you cancel before the first 30 days, please refer to the details
under "Limited 30-day Money Back Guarantee." If you cancel after the first 30 days from the opening of your account,
you will be obligated to pay all fees and charges accrued prior to the effectiveness of the cancellation; this includes the
charges for the then current hosting period. All cancellations must be received in email or FAX as per the deadlines indicated
by e-mail or FAX. Cancellations will be processed by our staff on a daily basis.
Limited 30-day Money Back Guarantee
If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will
be given a full refund on your hosting fee excluding possible setup fees and additional services. If paid by credit card,
refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled
by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration
is non-refundable.
Disclaimer of Warranty
You agree to use the Services and any information obtained through or from Cannabis Hosting at your own risk. You acknowledge and
agree that Cannabis Hosting exercises no control over, and accepts no responsibility for, the content of information passing through
Cannabis Hosting's host computers, network hubs, points of presence or the internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT
ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. Cannabis Hosting MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT
TO THE SERVICES IT PROVIDES. Cannabis Hosting MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT
ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE. Cannabis Hosting EXPRESSLY DISCLAIMS ANY LIABILITY
FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE
SERVICES PROVIDED BY Cannabis Hosting. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY Cannabis Hosting PERSON WILL CREATE
ANY WARRANTY OR MAY YOU RELY ON SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this
Agreement.
Cannabis Hosting is not responsible for any interruption in service or down time that may occur, whether due to external
network disruptions or negligence of Cannabis Hosting. This includes loss of data resulting from delays, non-deliveries,
wrong delivery, equipment failure and any and all other service interruptions caused by Cannabis Hosting.
Limitation of Liability
You agree that Cannabis Hosting will not be responsible for any losses that may incur where Services are accessed by third-parties
through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the
exploitation of security gaps, weaknesses or flaws (whether known or unknown to Cannabis Hosting at the time) which may
exist in the Services or in Cannabis Hosting's equipment used to provide the Services.
Under no circumstances will Cannabis Hosting be liable for any consequential, indirect, incidental, special or punitive
damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in
an action in contract or tort or strict liability or other legal theory. Cannabis Hosting will not be liable to Customer, any
of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the
use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss
of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited
to acts of God, communications failure, theft, destruction or unauthorized access to Cannabis Hosting's records, programs,
equipment or services.
Notwithstanding anything to the contrary in this Agreement, Cannabis Hosting's maximum liability under this Agreement for
all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence,
quasi-contract, statutory or otherwise) will not exceed the actual dollar amount paid by Customer for the Services which
gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred
or the cause of action arose.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown)
that may exist in connection with this Agreement. The terms of this Section will survive any termination of this Agreement.
Indemnification
Customer agrees to indemnify, defend and hold harmless Cannabis Hosting, its officers, directors, employees, shareholders and
agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal
or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed
by a third party arising out of or relating to (i) Customer's use of the Services, (ii) any breach by Customer of this Agreement,
or (iii) any acts or omissions of Customer. The terms of this Section will survive any termination of this Agreement.
Force Majeure
Cannabis Hosting will not be liable for failure or delay in performing it obligations if such failure or delay is due to
circumstances beyond its reasonable control, including but not limited to 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 the Services.
Disclosure of Customer Information and Legal Process
Although Cannabis Hosting maintains strict confidentiality on Customer's information, there are certain exceptions in which
Cannabis Hosting may disclose information in its possession, including but not limited to information about the Customer's
internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute,
regulation or official governmental requests. Cannabis Hosting has no obligation to notify Customer about whom the information
is sought or that Cannabis Hosting has provided the information. Customer acknowledges the above exceptions and agrees to them
without reservation.
Governing Law; Jurisdiction; Arbitration
In the event of recourse to legal action, both parties agree to submit to personal jurisdiction in the state of Cannabis
Hosting/ Self-Hemployed, and the agreement shall be governed by the law of that state. An award rendered in connection with
arbitration pursuant to this Section shall be final and binding upon the parties. The parties agree that the award of the arbitral
tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them
with respect to the subject matter of the arbitrated dispute. The terms of this Section will survive any termination of this
Agreement.
Assignment
Customer will not have the right to assign this Agreement without the prior written consent of Cannabis Hosting.
Entire Agreement; Severability
This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings
or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable,
or void, the remainder of this Agreement will remain in full force and effect.
Customer hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use
and is over 18 years of age, or is a corporation other legal corporate entity, duly organized, validly existing and in good
standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to
accept, execute and deliver this Agreement on behalf of Customer.
If you do not agree to these Terms, then please don't submit an order!
Violations of these Acceptable Uses Policies and Terms of Service should be referred to:
support@CannabisHosting.com.
All complaints will be investigated promptly.
Serious violations of terms or conditions can be ground for immediate account deactivation without refund.