general

Terms, Conditions and Acceptable Use Policy

This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by Condor Hosting, (the "Services"). As used in this Agreement, "Condor Hosting" means Condor Hosting, and "Client", "you", or "your" means you. By clicking on the "Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Insider Condor Hosting site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Condor Hosting Site" refers to the Site located at the URL http://www.condorhosting.com, or any other successor Sites owned or maintained by Condor Hosting.com.

Acceptable Use Policies

Condor Hosting provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.

Client Content
Client may only use Condor Hosting’s servers for lawful purpose. Transmission of any material in violation of any Federal, State or foreign laws or regulations is prohibited. This includes, but is not limited to intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Condor Hosting or any third party; defamatory, slanderous or trade libelous; threatening or harassing; discriminatory based on gender, race, age or promotes hate. You agree that you will not send malicious e-mails which contain viruses or other computer programming defects which result in damage to Condor Hosting.com or any third party.

Terms of Data Transfer
Client may occupy only the amount of disk space allocated to them, and utilize no more than the network bandwidth that is allotted by the plan in which the user has chosen. Any customer who exceeds this limit will first be notified by Condor Hosting to resolve the situation. No additional data transfer charges will be made by Condor Hosting without prior notice to the customer. Extra data transfer is charged at the rate of $1.00 per additional GIG.

Commercial Advertisements with E-mail
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. Advertising sites with spam/illegal content pointing on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and E-mail. If you are found to have spammed, we will contact you to resolve the situation. If it is a severe case then we will immediately, without warning, disable your domain until the situation is resolved. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, RESELLERS AND THEIR RESOLD ACCOUNTS, DEDICATED SERVER CUSTOMERS, AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined! We reserve the right to fine violators $500 per incident of spamming abuse.)

Payment Policies
All accounts are set up on a pre-pay basis. Domain Registration fees are non-refundable. Any setup fees charged for all new accounts and major account changes are non-refundable. All pricing is guaranteed for the term of pre-payment. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Condor Hosting in writing for a request for termination of services. All payment is in U.S. currency.

Renewal
Condor Hosting renewal charges are billed automatically. Clients who pre-pay by credit card must keep their billing information current. At the beginning of your next payment cycle, Condor Hosting will begin applying hosting charges against the credit card on file. In the event of processing failure, a notice will be sent to the billing contact by email. If after 5 days payment has not been made the account will be suspended and another notice will be emailed. If after another 5 days payment has not been made, the account will be canceled.

Service Cancellation
Condor Hosting reserves the right to cancel service of an account at anytime without notice and without a refund, in the event that:
1) The account violates our posted policy.
2) Payment for hosting fees is not received.
An account can be canceled voluntarily at anytime by contacting our support department at sales@condorhosting.com or, if paid by Paypal, by following this link. The contents of a canceled website may be deleted at anytime subsequent to account termination. Website files for canceled accounts are removed from the server 24 hours after the cancellation date and are NOT retrievable except from the tape backup (See Website Content Management below).

30 Day Money Back Guarantee
Condor Hosting provides a 30 day money back guarantee for all direct shared hosting accounts. If for any reason you request cancellation within 30 days of ordering your account you will be given a full refund excluding any setup fee. Please Note: Domain registration fees are not included with this offer. Please see "Terms of Service" on domains for more information.

Refusal of Service
Condor Hosting reserves the right at its sole discretion to refuse or cancel service. Violation of any of Condor Hosting’s Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.

Website Content Management
Condor Hosting is not responsible for website management or files lost or damaged by users. Website construction and management is the responsibility of the client. Client-maintained backup of all site files is recommended and should be maintained outside of Condor Hosting's facilities. System backups are intended to be used in the event of system failures and are not intended to be accessed to restore files to individual sites. A fee of $100 may be applicable should a client require any files from our backup systems. We cannot guarantee that the files contained in our backup systems will be the most current copies available for a given site. Tape backups are rotated frequently so retrieval requests should be made within one week of deletion to ensure files are available for restoration.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Condor Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Condor Hosting 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Condor Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with Condor Hosting’s services; (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 customer from Condor Hosting’s services.

Taxes
Client will pay and indemnify and hold Condor Hosting harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

Disclaimer
Condor Hosting will not be responsible for any damages your business may suffer. Condor Hosting makes no warranties of any kind, expressed or implied for services we provide. Condor Hosting disclaims any warranty or merchantability or fitness for a particular purpose and in no event shall Condor Hosting be liable for damages resulting from it. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Condor Hosting and its employees. Condor Hosting reserves the right to revise its policies at any time. Failure to follow any terms and conditions may result in account deactivation.

Privacy Policy
Condor Hosting insures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used "solely" by Condor Hosting its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the subscriber. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the subscriber; with exception as required by law, regulation or governmental authority.

Condor Hosting is committed to protecting and securing all subscriber provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information.

Last Revision July 5, 2008