By purchasing any service through The League of Fancy Hats LLC. (hereafter referred to as “Fancy Hats”) or any of its affiliates or sub-brands, you the customer (hereafter referred to as the “Client”) agree to be legally bound by this Hosting Agreement (the “Hosting Terms of Service”). Together, the customer and Fancy Hats are collectively referred to as the “Parties.”
The Parties agree as follows:
1. Account Setup / Email on File / Accurate Details
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. 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 abuse 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. Providing false contact information of any kind may result in the termination of your account or the rejection of your order. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
2a. Account Content
All services provided by Fancy Hats may only be used for lawful purposes. The laws of the state of Indiana and the United States of America apply.
The customer agrees to indemnify and hold harmless Fancy Hats 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.
Examples of prohibited material:
Explicit Adult Content [such as pornography], IRC Bots, ClickJackers, proxy scripts / anonymizers, pirated software / nulled software / warez, public image dumps (similar to PhotoBucket), public file dumps (similar to RapidShare), RapidLeech, game servers, commercial banner ad services, 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 / RPGs, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities, IP scanners, brute force programs, mail bombers, spam scripts, and forums that distribute and/or link to warez content.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email.
If in doubt regarding the acceptability of your site or service, please contact us at hosting@fancyhats.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 (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
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 644 or as restrictive as possible. 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. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
2b. Account Security
The security of your support and billing system, cPanel, WHM, FTP, and SSH credentials are your responsibility. You are required to maintain a strong and secure password for these services and that you do not share these credentials with any other services (i.e. not using the same password for your email as well as your cPanel account). We recommend your password be no fewer than 8 characters, include at least one of each of the following: an upper case letter, lower case letter, a number, and a symbol. We also strongly suggest rotating your password at least once every 3 months.
You are expected to use a secure form of FTP to connect to our servers such as FTPES (FTP Explicit over SSL) or sFTP (Secure FTP). Standard FTP is insecure and transmits your username and password in plain-text which should be avoided. Standard FTP is only available for legacy application requirements.
All software must be kept up to date, including scripts, plugins, and themes, or otherwise be secured against unauthorized intrusion or hacking. In the event that we are made aware of an account that has been compromised or hacked, we may immediately suspend the service pending a full investigation. We may invoice the account holder of the compromised or hacked account an investigation fee at the rate of $75 per hour rounded up to the nearest hour.
2c. Hosting Limits
- All hosting accounts are limited to 250,000 Inodes (Files).
- Hosting is limited to 1 CPU Core, 1 GB RAM, 20 Entry Processes, 100 Processes, 10 Megabytes/second I/O, and 25 Concurrent MySQL Connections.
- Premium Hosting is limited to 2 CPU Cores, 2GB RAM, 40 Entry Processes, 200 Processes, 20 Megabytes/second I/O, and 50 Concurrent MySQL Connections.
Accounts found to be consistently exceeding these limits will either need to optimize to reduce usage or upgrade to a Premium Hosting or VPS plan at additional costs.
3a. Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited email, bulk emailing, and spam. Any account found to be sending spam will be suspended and/or terminated with or without notice at our discretion. All purchased lists even if offered as a “safe list” or “double opt-in” will be treated as spam. Any user who sends out spam may have their account suspended and/or terminated with or without notice.
Sites advertised via SPAM (spamvertised) may not be hosted on our servers. This provision 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.
Fancy Hats 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. We may invoice the account holder of the account responsible for sending spam an investigation and clean-up fee at the rate of $100 per hour rounded up to the nearest hour.
3b. Zero Tolerance Phishing Policy
Any account found to be hosting a phishing page will be suspended and/or terminated with or without notice at our discretion. Phishing is defined as any site that masquerades as another trustworthy site in attempts to acquire sensitive information such as usernames, passwords, credit card information, banking information, pin numbers, or any other personal information.
Phishing pages result in stolen identities, stolen banking information, stolen credit card information, and fraud that can cause the victims of these pages weeks, months, years, or even a lifetime of problems. Due to the serious issues that phishing pages cause, phishing is not something that is taken lightly. In the event that your account is suspended for phishing there is a very good chance that your account will not be re-enabled.
Any account suspended or terminated due to a phishing policy violation will be ineligible for refund. We may invoice you an hourly fee of $100 per hour rounded up to the nearest hour for all time spent investigating any report that results in account suspension or termination.
4. Payment Information
You agree to supply appropriate payment for the services received from Fancy Hats as outlined in Appendix A, in advance of the time period during which such services are provided. You agree that until and unless you notify Fancy Hats of your desire to cancel any or all services received, those services will be billed on a recurring basis.
We accept Visa, MasterCard, Discover, American Express, and PayPal.
Cancellations must be done in writing.
As a client of Fancy Hats, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Fancy Hats provides a 3 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 3 days and is not paid in full will result in account suspension until the account balance has been paid in full. Invoices are assessed a late fee of 10% or $5, whichever is greater, when they become 3 days past due. Any account that is overdue for 30 days and has not paid will be automatically terminated.
Invoices that have been paid more than once are automatically added as credit towards the account and will not be refunded. If you require assistance with this provision, please contact billing@fancyhats.com.
Fancy Hats reserves the right to change the monthly payment amount and any other charges at anytime.
5. Domain Renewal Notices and Domain Renewals (when applicable)
As required by the ICANN we will send a domain renewal notice 30 days and 5 days prior to expiration as well as 5 days after expiration.
We renew domains 7 days prior to their expiration to allow time to resolve any issues that may arise preventing the renewal of the domain such as but not limited to: an expired credit card, insufficient funds in your PayPal account, bank holidays, etc.
If a domain is set to auto-renew we will attempt to renew it automatically on the renewal date. If the domain fails to renew on the renewal date we will try again on the expiration date. If a domain is set to not auto-renew you will still receive the renewal notices 30 days and 5 days prior to expiration as well as the reminder 5 days after expiration although we will not attempt to renew the domain for you. If you do wish to renew a domain that is set to not auto-renew you can do so manually from the domain details in our support system.
6. Backups and Data Loss
Your use of the service is at your sole risk. Fancy Hats is not responsible for files and/or data residing 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 Fancy Hats servers. While Fancy Hats does maintain backups of your files and/or data on our Shared, Reseller, and VPS platforms we accept no responsibility should backups be unavailable for any reason including but not limited to data corruption, hardware failure, or negligence. Any account larger than 5 gigabytes may, at our discretion, be excluded from our backup systems with or without notice. All cPanel backup files, backup-*.tar.gz and cpmove-*.tar.gz, older than 72 hours will be removed from the server automatically and we suggest downloading said backups to an off-server location. Dedicated Server services are not backed up by Fancy Hats.
7. Cancellations and Refunds
Cancellations must be submitted via our Billing and Support system at http://www.fancyhosts.com/support/. Cancellations requested via e-mail will not be honored and directions will be provided to submit a cancellation via our Billing and Support system. Refund requests after the initial 30 days of service will result in a prorated credit being added to your Fancy Hats client account. Prorated credits will be calculated less any promotions or discounts applied to the term being credited. After 30 days a prorated refund may be given at Fancy Hats’ sole discretion for accounts in good standing. Any prorated refunds will be calculated less any promotions or discounts applied to the term being prorated.
There are no refunds for lifetime plans, design services, or domain registrations. All licenses are non-refundable including, but not limited to: cPanel Licenses, Softaculous Licenses, WHMCS Licenses, and LiteSpeed Licenses.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services without refund.
Customers may cancel at any time via the cancellation form in your client dashboard. Fancy Hats gives you an unconditional 30 day money back guarantee on managed solutions. There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund. If you have opened a second account with us, it will not be eligible for refund.
Fancy Hats reserves the right to cancel any account at any time with or without notice.
Violations of these Hosting Terms of Service will waive the refund policy and no refund or credit will be granted.
8a. Resource Usage
Users may not:
- Use 25% or more of system resources for longer than 120 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, MySQL, etc.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Operate any sort of chat box, shout box, or other chat platform that is hosted directly from our servers.
- Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
- Participate in any file-sharing/peer-to-peer activities.
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
- Run cron entries with intervals of less than 5 minutes without prior written approval.
- Use any kind of hosting accounts for the storage of backups or other data not related to active websites.
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”).
When executing a local script via cron, execute it locally via “php -q ~/public_html/the-script-name.php > /dev/null” and not via “wget”. If “wget” is absolutely required, append “-O /dev/null” to the end of the cron.
8b. Backup Generation
The backup process which packages and compresses your account can be very resource intensive and as such all backup processes should be performed during off-peak times as defined in section 7c of this document. Any backup process found to be causing performance issues for others on the server due to backup generation during peak time periods can be disabled and, at our discretion, the account suspended until the account holder contacts our support department.
8c. Backup Generation – Off-Peak Times
Off-peak times which are acceptable for backup generation are defined as:
- Monday through Friday from 10 PM ET to 7 AM ET.
- Saturday and Sunday at any time [12:01 AM ET Saturday to 11:59 PM ET Sunday].
8d. IPv4 Addresses (IP Addresses)
Fancy Hats does not recognize or condone the usage of Dedicated IP addresses in any environment for any purpose other than SSL as required by the SSL Protocol. Any site located on a Dedicated IP without an active SSL certificate can, at our discretion and without warning, be moved to a shared IP address of our choosing.
9. 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 we reserve 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. You will be billed for bandwidth usage beyond your allocated amount at the rate of $0.10 per gigabyte. Unused transfer in one month cannot be carried over to the next month or refunded.
10a. Uptime Guarantee
If your shared server 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 Fancy Hats dependent 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 of the server which may differ from the uptime reported by individual services. To request a credit, please contact billing@fancyhats.com with justification. All requests must be made in writing via email within the 7 days following the calendar month where the uptime guarantee was not met. Uptime guarantees only apply to shared solutions.
10b. Network Availability Guarantee
Our Dedicated Servers and Virtual Private Servers are covered by a network uptime guarantee in which credit is given prorated for the amount of time the network is down. The network availability guarantee only applies to Dedicated Servers and Virtual Private Servers as our Shared, Reseller, and Premium offerings are covered by our Uptime Guarantee.
11. Price Change
The amount you pay for hosting will never increase from the date of purchase without prior notice. We reserve the right to change prices listed on fancyhats.com or outlined in Appendix A , and the right to increase/decrease the amount of resources given to plans at any time.
12a. Indemnification
Customer agrees that it shall defend, indemnify, save and hold Fancy Hats harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Fancy Hats, 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 Fancy Hats against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Fancy Hats; (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 Fancy Hats’ server.
12b. Limited Liability
Under no circumstances, including negligence, shall Fancy Hats, its offices, agents or anyone else involved in creating, producing or distributing Fancy Hats services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Fancy Hats services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Fancy Hats’ records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Fancy Hats’ servers.
12c. Arbitration
By using any Fancy Hats services, you agree to binding arbitration. If any disputes or claims arise against Fancy Hats or its subsidiaries, such disputes will be handled by an arbitrator of Fancy Hats’ choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
13. Disclaimer
Fancy Hats shall not be responsible for any damages your business may suffer. Fancy Hats makes no warranties of any kind, expressed or implied for services we provide. Fancy Hats 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 Fancy Hats and its employees.
14. Disclosure to law enforcement
Fancy Hats may disclose any subscriber information and files, databases, access logs, and other account data 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.
15. Addendum Terms and Agreements
By agreeing to these Hosting Terms of Service you agree to have read and understood not only this document, but also all other relevant documents.
16. Severability
If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
17. Changes to the Hosting Terms of Service
Fancy Hats reserves the right to revise its policies at any time without notice. For the most current Hosting Terms of Service, please check Fancyhats.com. Any Hosting Terms of Service currently existing on Fancyhats.com supercede anything outlined in this contract.
18. Provided Managed Services
If covered under the purchased package, Fancy Hats agrees to provide managed software services including site-wide WordPress updates, WordPress backups, security updates, software updates, back-end general maintenance, SEO conformance and updates, DNS management, regular site-wide backups, or any other specified service. Fancy Hats reserves the right to add to or remove provided services at any time with or without notice.