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Little Fish Hosting Terms and Conditions

By signing up for our service and agreeing to our terms when placing your order, it is assumed that you, the Client, have read and agreed to these Terms and Conditions, Acceptable Usage Policy, and Email Policy as laid out by Little Fish Hosting. Little Fish Hosting reserves the right to amend, modify, or edit, in whole or in part, these Terms and Conditions at any time, without prior notice. Continued use of services assumes that you agree to any such amendments.

SERVICE AGREEMENT

Subject to these Terms and Conditions, Little Fish Hosting agrees to provide the hosting and/or eCart services described in the initial Client order for such services. Services are only provided for those that are 18 years of age and older. The Client therefore confirms to be of age by continuing with placing the order for services.

Little Fish Hosting will provide hosting and client support for the Little Fish eCart Software. This includes security updates when available. Little Fish Hosting shall not be held responsible for providing support for your template or store maintenance, work done by third party designers, nor support for third party scripts or payment processors, including your Mal's E-commerce account. The Client will be solely responsible for any advertising and marketing of their website(s) and Little Fish Hosting makes no guarantees about the success of the Client's websites.

The eCart provided by Little Fish Hosting is the property of Little Fish Hosting. The Client agrees to leave all software code intact and shall not allow a third party to apply any modifications. Should any modifications result in failure of the eCart to function, the Client agrees to pay any applicable fees to Little Fish Hosting to restore such files back to their original settings.

The Client agrees to utilize the site backup functions provided in the eCart or in the cPanel. Little Fish Hosting will coordinate regular backups of files, however the backups may not correspond to the time period that the Client prefers; therefore some information may be lost. If the Client has failed to maintain their own backup, the Client agrees that Little Fish Hosting will not be held accountable for any lost data.

Backup Limit:Any account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

Domain Names: Domains are provided with free DNS management and ID protection. Domains may not be transferred within the first 60 days after they are registered. Domain names will be renewed according to the time purchased during registration for that domain and The Client will be responsible for the renewal costs. The Client is also responsible for keeping contact information current in order to be notified of domain renewal dates. Refunds shall not be given for domain names purchased through Little Fish Hosting for any circumstances. This includes spelling mistakes made at the time of purchase. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final. Little Fish Hosting shall not be held liable for domain names, and shall not bear responsiblity for any domain registration which The Client has let expire whether intentional or unintentional.

SERVICE TERM

The service term is a contract for service and shall begin on the date that the Client makes payment for hosting and/or eCart services. Said service term shall be determined by the billing cycle chosen by the Client and shall continue for the number of months paid for by the Client.

Unless Little Fish Hosting receives a cancellation request for service from the Client at least 30 days in advance, subsequent service terms shall be billed at least 7 days before the paid service term expires. It is the Client's responsibility to ensure that funds are available for subscription payments, or to make payment by the due date, and will hold harmless Little Fish Hosting to any fees or charges imposed by Paypal, bank, or credit card company.

SERVICE PAYMENTS

Service invoices are sent out 7 days in advance and then again 1 day in advance to when the next payment is due. Overdue reminders are sent out when the account is overdue by 1 day, 7 days, and then 14 days. Invoices shall be emailed to the contact email address on record. It is therefore the Clients responsibility to keep the contact record up-to-date to avoid possible problems with their website being available. All payments shall be made in USD.

Hosting and/or eCart fees are payable in advance on or before the first day of each billing cycle. The Client's billing cycle shall be determined by the Client when placing the order for web services. Payment for the first billing cycle is required before beginning service and before any software is installed. The Client may opt for subscription payments, or make a one-time payment, for services provided by Little Fish Hosting.

Subscription payments are an agreement between the Client and Paypal and therefore not the responsibility of Little Fish Hosting. Management of subscription payments is the sole responsibility of the Client. If the Client makes a manual payment on the account, it is the Client's responsibility to cancel the subscription payment to prevent having a duplicate payment made as refunds will not be given at any time, for any reason, if a duplicate payment is made.

Clients that opt for one-time payments must log into their account by the invoice due date and make payment to ensure uninterrupted service.

Overdue accounts are suspended after 7 days of being overdue, and then accounts are terminated after 21 days of being overdue.

Fees for services may change at our discretion at any time. However the Client shall be given notice of fee changes at least 30 days prior to the renewal period. Should the Client continue with the hosting services after the 30 day notice, it is assumed the Client agrees to the fee increase and will be invoiced accordingly.

Domains: Domain registrations are due when the order is placed - there are no refunds for these purchases under any circumstances. Invoices for domain renewals are sent out at 60, 30, 15, 7, and then 1 day prior to when the domain is due for renewal. Failure to make payment to renew the registration for domains will result in the loss of ownership for that domain registration.

SERVICE REFUNDS

The service order placed by the Client is a contract for services to be provided by Little Fish Hosting for the payment term chosen by the client. Therefore, after the initial 30 days of service, no refunds will be given for any reason should the client decide to cancel the contract before the contract is due for renewal. For example, if the Client places an order and pays for 1 year, and then cancels before the year is up, the client is not eligible for a refund for unused time.

To try to avoid having a problem with this, Little Fish Hosting has provided a demo of the store to review before signing up, and also offers a 30 day money back guarantee. This guarantee is for hosting fees only, and does not include any setup or license fees, nor does it include domain registrations. Little Fish Hosting also offers shorter service terms for convenience.

If the Client has set up a subscription payment, but makes a manual payment on the account when it is due for renewal, it is the Client's responsibility to cancel the subscription payment to avoid having a duplicate payment made on the account. Little Fish Hosting will not issue refunds for duplicate payments for any reason at any time.

Cancellation of service by the Client must be made at least 30 days in advance of the next service renewal date to avoid being invoiced for the next service term. If the Client cancels service after payment has been made, a refund will not be issued for any reason for time unused. All cancellation requests must be made through the client area.

Domains: Refunds shall not be given for domain name registrations nor renewals at any time for any reason.

Violations of the Terms of Service will waive the refund policy.

SERVICE SUSPENSION AND TERMINATION

Service invoices are sent out 7 days in advance, and then again at 1 day in advance to when the next payment is due. Overdue reminders are sent out when the account is overdue by 1 day, 7 days, and then 14 days.

The Client agrees that Little Fish Hosting may suspend any services without notice when payment is 21 days overdue. The account will automatically be unsuspended once payment has been made.

The Client agrees that Little Fish Hosting may terminate any services without notice when payment is 30 days overdue. A late fee of $10 will be applied to any account that is 21 days overdue. This amount, including any fees in arrears shall be paid for by the Client in order to have the account reinstated. As all accounts are prebilled, Little Fish Hosting will not set up new accounts for any Client that still has an outstanding balance. Once a site has been terminated, the Client is still responsible for the time used if a cancellation notice was not made by the Client.

NOTE: Once 45 days have passed after the due date, there are no guarantees made by Little Fish Hosting that the files in the account will still be available. Little Fish Hosting reserves the right to purge accounts and Client files that are in a terminated status from the system after this time.

The Client agrees that Little Fish Hosting may suspend services without notice, or terminate any services with 7 days notice, for any violation by the Client of these Terms, or of the Acceptable Usage Policy, or as required and requested by any law enforcement or regulatory agency.

RESOURCE USAGE

User may not:
1) 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.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) 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")
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

INODES: The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.

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. Unused transfer in one month cannot be carried over to the next month.

SERVICE SUPPORT

Little Fish Hosting agrees to provide, at no additional charge, support for hosting and eCart software provided that the Client's account balance is up-to-date and the account is not in a state of Suspension or Termination. A fee for support or any necessary work carried out by Little Fish Hosting may be charged if problems arise with hosting or software issues due to the Client's negligence whether intentional or unintentional; or if the Client has altered any code in any software installed by Little Fish Hosting; or if a 3rd party has altered or modified any code whether authorized or unauthorized by the Client. Upgrades are provided free-of-charge and any files may be overwritten as necessary. Little Fish Hosting will not be held accountable for loss of any files or data that was lost due to unauthorized modifications made to the eCart software.

DISCONTINUANCE OF SERVICE

Little Fish Hosting reserves the right to refuse or terminate service to any Client at the sole discretion of Little Fish Hosting. Little Fish Hosting shall not bear the responsibility of notifying any third-party on the Client's behalf, or any responsibility for any consequences, which may result from such discontinuance or lack of notification.

SPAM POLICY

Little Fish Hosting 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 (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, 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.

Little Fish Hosting 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.

Little Fish Hosting 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 Little Fish Hosting.

For further information, please read our generalized mail policy.

COPYRIGHTS AND CREDIT

Little Fish eCart is licensed to the Client for the specified website when the order was placed. This license is only available while the Client has the website hosted at Little Fish Hosting, and is not transferrable to any other hosting company. The code for this software is the property of Little Fish Hosting and the Client agrees to leave it intact and unaltered, and to not allow any 3rd party to alter or edit it. Little Fish eCart cannot be used on any other server, nor moved to any other hosting company, and it is protected by all copyright laws.

The Client agrees to provide credit for the eCart in their website template either by placing the %COPYRIGHT% tag within the template to be viewable on all pages, or to code in a link to read 'Powered by Little Fish eCart'. Should your site not display this credit, Little Fish Hosting reserves the right to add it or request the Client to add it. Little Fish Hosting also reserves the right to terminate any Client website should it be found in repeated violation of our Terms.

PRIVACY

Little Fish Hosting will never use any personal information provided by you for purposes other than providing you with the website service you signed up for. Little Fish Hosting will never sell, trade nor give away the Client's personal information for mailing lists, contact lists or any information obtained through contact with us to third parties.

The Client's email address may only be kept on Little Fish Hosting's own private client mailing list to send the Client information by email of issues with services, billing notifications, and announcements regarding the website services provided by Little Fish Hosting and partners.

The Client agrees that Little Fish Hosting has the right to monitor the service at its discretion and to disclose any information as required to satisfy law enforcement agencies, or to provide protection to itself or subscribers.

INDEMNIFICATION

The Client agrees to indemnify and hold harmless Little Fish Hosting, affiliates of Little Fish Hosting, and agents and staff of Little Fish Hosting from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever, including all attorneys fees, brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of the Client's services in violation of applicable law or the Accept Usage Policy by the Client or any person using the Client's log on information, regardless of whether such person has been authorized by the Client to use the services.

DISCLAIMER

Little Fish Hosting does not warrant nor represent that the services will be uninterrupted, free from error, or 100% secure. All services are provided on an 'As Is' basis and without warranty either expressed or implied. Therefore the Client agrees to hold harmless Little Fish Hosting from any loss in profits, or any damages, whether direct or indirect, due to loss of service, or errors or failure of our eCart software.

These terms are in effect from October 1, 2009. Last revision March 20, 2011.

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