All services provided by CountryTyme Hosting (“CountryTyme”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any Canadian or United States federal, provincial, state or municipal law is prohibited. This includes, but is not limited to: copyrighted 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 CountryTyme from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to CountryTyme servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

• pirated software
• hacker programs or archives
• warez sites
• spamming software
• pornography sites

NOTICE: If you are found to be hosting any sites with the above content, your site will be immediately terminated. No refund will be issued.

Traffic Usage

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $2.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb – 1 gig will be treated and billed as the same.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of CountryTyme is strictly prohibited. As a reseller, you are responsible for both your account as well as your customer accounts. Should you or your end-customer violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks & distributive hosting sites of CountryTyme must adhere to the above policies.

Billing

By the Account Activation Date of each month, CountryTyme shall either: (1) debit the client’s credit card (when such information has been provided by the client); or (2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to CountryTyme by no later than the specified payment due date. CountryTyme shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees

Certain services carry a set-up fee charged by CountryTyme to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to CountryTyme and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded. If client has retained the services for one year and has pre-paid CountryTyme for such services, refunds will be issued for any unused full month of the services, upon client’s request. Therefore, if client’s account is canceled at any point during the one-year term, client will be entitled to a refund for the months remaining, after notice given by the 25th day of the preceding month.

Account Deactivations

Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.

Cancellation Refunds

We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability

CountryTyme shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from CountryTyme servers going off-line or being unavailable for any reason whatsoever. Furthermore, CountryTyme shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of CountryTyme servers. All damages shall be limited to the immediate termination of service.

Violations

Violations of these Acceptable Use Policies should be referred to support@countrytymehosting.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

CountryTyme cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by CountryTyme are resold. Thus, certain equipment, routing, software and programming used by CountryTyme are not directly owned or written by CountryTyme. Moreover, CountryTyme holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as CountryTyme sees fit.

CountryTyme keeps backups of key server systems only. CountryTyme can accept no responsibility for any loss of data or consequences arising from this. CountryTyme always advises clients to back up their site data regularly for its own protection.

CountryTyme furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of CountryTyme. A customer’s failure to comply with those laws will violate this policy.

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with CountryTyme, then CountryTyme will not be responsible for maintaining hosting for the resellers customers.

Account Activation

By activating your account with CountryTyme, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

30 Day Money Back Guarantee

Each new registration of a hosting account is entitled to a 30 day (no hassle) money back guarantee. Any hosting account that wishes to cancel (for any reason) will be entitled to a full refund of funds collected for the first month. Any domains registered, for free or that remain unpaid for, by CountryTyme will become the sole property of CountryTyme Web Hosting upon such a cancellation. If the account is terminated within the first 30 days of service due to a breach of our Terms of Service, no refund will be issued.

Server Uptime Guarantee

CountryTyme guarantees 99.9% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.

CountryTyme guarantees 99.5% service (http, ftp, pop, imap, smtp) uptime on all reseller plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.

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 (kernel, software updates, hardware upgrades or replacement)
• 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.

CountryTyme reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.