Terms of Service, Acceptable Use Policy & SLA Guarantee
Terms Of Service

This document was last updated on September 13, 2007

Acceptance of Terms
By signing up for any other our services, you (the user) agrees to what you have read, understood, and will comply with the terms and conditions on this page.

Account Setup
All new accounts are automatically verified and activated by our system. An account(s) cannot be activated until we receive sufficient payment, and the billing information provided has "passed" our fraud screening. It is your responsibility to provide us with the correct information during order. Also, it is your responsibility to provide us with an email other than @yourdomain.com, and not a "free" email address. If we ever need to contact you, we will use the email that was provided during checkout. Providing false contact information, could result in your account(s) being terminated.

Transfers
We will do everything we can to transfer your site(s) to our servers; however we cannot make any guarantees during the transfer process. We provide this service as a courtesy; we cannot guarantee its availability or time-frame. In some cases we may not be able to transfer your files from your old host.

Content
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. Set permissions on most directories to 755. 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. 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.

We reserve the right to refuse service to anyone, for any reason. If we feel that your site is not suitable for our services, we will contact you. If you do not respond to our email within 48 hours, your account may be suspended until further notice.

Sites including child pornography, or links to child pornography, will be terminated and banned from our services immediately, without notice. Violations will be reported the appropriate law enforcement agency.

Spam Policy
We hold a zero tolerance spam policy. We restrict users from sending unsolicited email, bulk email, and spam. Any account sending spam will be terminated without notice.

Payment Information
You agree to pay sufficient payment for services received by Helping Hand Host LLC. Unless you contact our billing department, requesting cancellation of service(s), your will be billed for our services on a reoccuring basis. When requesting cancellation of a service(s) please provide us with all billing information (except payment information) via email. Once we receive your cancellation request, we will notify you when your service(s) has been cancelled.

Any invoice that is overdue for 10 days will result in a $5 late fee, and account suspension until payment is received.

Back-ups
Your use of web site back-ups is at your sole risk. Helping Hand Host LLC is not responsible for data loss. You agree to take full responsibility of the files/date on your account(s). You agree that you will take the appropriate actions to keep an updated "back-up" of your account(s).

Money-Back Guarantee/Refund agreement
Helping Hand Host, LLC gives all NEW customers a 30 day money-back guarantee. Customers may cancel at any time by contacting our billing department, or canceling within the client area. There are no refunds for SSL Certificates, or Domain names, or other addons or services.

Violations that will void refund:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) 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.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers
h) Run cron entries with intervals of less than 15 minutes

Price Changes
We reserve the right to change the price of any of our services, at any time, for any reason, without notice. From date of purchase, the price you paid for a service will never increase.

Domain Names
All domain name registrations are NON REFUNDABLE. We use Enom to register domain names, and the information you provide us will be used when registering. Please be sure to provide us with the correct information.

We reserve the right to change this Terms of Service page at any time, without notice.

Acceptable Use Policy

This document was last updated on September 13, 2007

Helping Hand Host ("The Company") agrees to furnish services to the Subscriber, subject to the following AUP (Acceptable Use Policy). From herewith in this AUP and TOS, the usage of "us", "we", "our", "ours" shall constitute reference to Helping Hand Host, the usage of "you", "your", "they", "them" shall refer to client / customer of Helping Hand Host.

Content :
You are responsible for all content located on your site at all times. All content must be legal. We are not responsible for any illegal content that is placed on or in your website. We do not permit any illegal activity that will damage your site our our network. Links to such materials are prohibited. This also includes, but not limited to Adult sites, pirated software, hacker programs/archives, MP3, Warez, copyrighted material or material protected by trade secrets and other statutes. Helping Hand Host does NOT permit adult content on it's network. Please contact us about dedicated solutions if you wish to have an adult content web site.

Resource Usage :
If our system administrators determine that a customer's account is utilizing an unacceptable amount of system resources, we may temporarily deactivate the account in question. We may contact the client to offer alternative solutions for their accounts and make our best attempt to keep their account active without degredation to other clients services. The Company be the sole arbiter as to what constitutes a violation of this provision.

Fraud :
Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters." Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Attacks and Exploits :
Any activity which affects the ability of other people or systems to use any services or other internet services. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the client's responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems.

Programs :
We do not allow programs to run continually in the background. This is to minimize system resources used and operational maintenance needed. We do not allow any chat or topsite programs on our servers other than the ones we pre-install for our clients to use. IRC: We currently DO NOT allow IRC or IRC bots to be operated on our network.

Commercial Advertising- Email (SPAM) :
Spamming, or the sending of unsolicited email, from one of our servers or using an email address that is maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. We will be the sole arbiter as to what constitutes a violation of this provision. Additionally claims investigated by us about spam from any of our users or users of theirs, will be fined and billed for such work. The fee for such an instance if you are found to be at fault is $.75 per email sent and up to a $750 fine per incident.

Server abuse :
Any attempts to undermine or cause harm to any Company server or customer of ours is strictly prohibited. We hold no responsibility for the use of our clients' accounts. Any account the abuses resources and actions are not taken to desist, calls for immediate de-activation without any refund of payments made thus far. Any site using what we deem to be using excessive cpu cycles or any resources that cause strain to other sites may also be offered new terms. Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity's computer software or hardware, electronic communications system, or telecommunications system.

Back-ups :
We perform daily backups on all of our servers to ensure critical files are never lost. Our server software does create daily backups for users sites that you may download on your own, we do not restore a file any user has accidentally deleted or modified. The back-up restoration is for emergency procedures only. You are advised to backup all of your own files to your local drive. We are not responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups.

Security :
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Sharing your password and account access with unauthorized users is prohibited and you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. You may not attempt to circumvent user authentication or security of any host, network or account. Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Please note that this Acceptable Use Policy may change at anytime. We recommend you read over it periodically to ensure you are following our policies.

SLA Guarantee

Here at Helping Hand Host, we use the best servers and networking equipment available to us. We guarantee that your site will be available 99.99% of the time. If you experience any downtime, make sure you follow the following steps to receive downtime credit.

  • Your account must be active and in good standing
  • Requests must be submitted using out billing ticketing sytem
  • Reqeusts must be made within 5 days of the issue in question
  • You must provide us with the amount of downtime you experienced

Network Guarantee
We guarantee that the network will be available 99.99% of the time in a given month (this does not include functionality of software/services on a server), excluding scheduled maintenance. If network downtime occurs the customer will be refunded 5% of their monthly fee for every 30 minutes of downtime, up to 100% of the customer's monthly fee.

We are not responsible for outages or circumstances beyond our control that hinder access to your site or server. The following are excluded from the monthly calculation of Service Availability:

  • Scheduled downtime or maintenance
  • Traffic conditions on the internet outside our network
  • ISP or local problems such as Browser or DNS caching
  • DDoS, Attacks, Exploits or hacked servers
  • An outage from an upstream facility outside of our network
  • Interruptions or failure of individual service caused by client, their employees, client's customers, friends, or family to their service.
  • Inaccurate installation or configuration of software by the client or non-staff, 3rd party software, client abuse or over utilization of resources.