By ordering our services in any way you are agreeing to be bound by our terms and conditions below.

Policy and Service Guidelines

We want to provide the best possible service to our customers and to do so we have to set forth some guidelines for everyone to follow. These terms and conditions override any email, chat session, or contact of any kind with any of our staff. This Agreement will become effective when accepted by both parties.

Content

All services provided by us may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States, Federal, State, City, Country or Province law is prohibited. This includes, but is not limited to: Copyrighted Material, Trademark, Intellectual property, Material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Boosted Servers from any claims resulting from the use of the service that damages the subscriber or any other party. Pornography and sex-related merchandising and material is prohibited on all sites hosted by Tenacious Host. This includes sites that may infer sexual content, or links to adult content elsewhere. Boosted Servers will be the sole arbiter in determining violations of this provision. If pornography is found on our server, the offending account will be deleted immediately without warning and refunds of money. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Boosted Servers servers or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content or links: Pirated software Hacker / Cracker programs or archives Warez sites. Boosted Servers will be the sole arbiter as to what constitutes a violation of this provision. We advise you not to participate in these types of sites, as we keep your sites private and will not give out the site that we host. We do though a regular check for unaccepted material on our servers, If we shall find any we will terminated the account without warning or refunds of money.

E-mail

Spamming, or the sending of unsolicited e-mail or message board posts including, without limitation, commercial advertising and informational announcements, from our server(s) or using an e-mail address or domain that is maintained on a Boosted Servers machine as reference in that spam is STRICTLY prohibited. Domains and sites are subject to being canceled immediately off of our server as well as fined no less than $500 US. A user shall not use another site's mail server to relay mail without the express permission of the site. Boosted Servers will be the sole arbiter as to what constitutes a violation of these provisions. To reduce loads on our servers we have imposed a restriction on how many times you may check your e-mail in an hour. This limit is 60 times. This does not mean that you will lose any e-mail during that given time, it just means that you cannot sit with your e-mail program open and hit the receive button every 30 seconds. To reduce the possibility of spam and to reduce the load on our servers we have imposed a restriction on how many e-mails each domain may send out in a given hour. That limit is 250 per hour. We believe that 6000 e-mails in a 24-hour period of time are plenty.

Hosting Packages

We reserve the right to change the packages that we offer, including prices in any way without prior notice. We normally will send out an announcement when we change this but we reserve the right not to.

System and Network Security

Violations of the Boosted Servers system or network security are prohibited, and may result in criminal and civil liability. Boosted Servers will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, but not limited to, the following:

1. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
2. Unauthorized monitoring of data or traffic on any system or network without express authorization of the owner of the system or network.
3. Interference with service to any user including, but not limited to, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
4. Forging of any TCP-IP packet header or any part of the header information in e-mail or a newsgroup posting.

Boosted Servers reserves the right to report illegal activities to any and all regulatory, administrative, and / or governmental authorities for prosecution.

IRC

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

Age

The client must be 16 years of age to obtain our hosting services. If a client is under the age of 16 and would like to obtain our hosting services then it is necessary for a parent or guardian to enter this agreement.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of Boosted Servers is strictly prohibited.

Resource Usage

All clients are expected to use normal server resources, if your site/server is using more then normal we have the right to change your account to fix the problem. If such occurrences happen and cannot be fixed there will be a fee for your account to stay active. For Game Servers we require your server use no more then 15-20% CPU and less then 15% memory. If your server is using more server resources we have the right to edit the server configuration to fix the problem. If you wish to keep your server as it is configured there will be a fee required to keep your server running.

Newsgroups

Posting the same or similar message referencing your domain hosted with us in any way to one or more news groups (excessive cross-posting or multiple-posting, also known as "SPAM") is explicitly prohibited.

Background Running Programs and Responsible CGI use

We may give you the freedom in executing CGI programs at no cost. Other providers limit their users access to CGI. We do not. The only favor we ask in return is that you respect CPU usage. It would be unfair to other users to run a program that hindered the performance of a server. We reserve the right to disable any CGI script that affects normal server operation. No database may be used for logging of information available through our server logs. Databases are only to be used for Boosted Servers hosted web sites, and no outside access will be granted. No cron job may run more than once every two hours and must be set up to "nice" at a value of 10 or greater. We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed. We do not allow Background processes to be run without our knowledge.

IP Numbers

Boosted Servers maintains control and any ownership of any and all IP numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses (you retain the ownership of your domain name and all material owned by you contained in your site).

Indemnity

You agree to defend, indemnify and hold harmless Boosted Servers for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your account and/or domain. We do not claim ownership of your content. It is completely yours. All content on your web site is considered a publication of yours and we are not to be held responsible for anything you present on the web through your domain in any way.

Limitation of Liability

Boosted Servers shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Boosted Servers servers going off-line or being unavailable for any reason whatsoever. Further, Boosted Servers 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 Boosted Servers servers. All damages shall be limited to the immediate termination of your service. BoostedServers, will not be held responsible for any problems that a client's customer may have. We will always do our best to keep this running smoothly and to ensure that your web experience is the best. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Number, Password or security authentication; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your Web site; (8) loss or liability from your inability to use our mail service; or (9) loss or liability from the use of our mail service; or (10) loss or liability that you may incur in connection with our processing of your application for our services.

Account Activation

All sales/services/subscriptions are FINAL. However, if our servers or network goes down for unexpected maintenance/our servers going off line for an unreasonable amount of time, we will give you a credit on your next months hosting. By activating your account with Boosted Servers, you agree to the above policies and disclaimer. Upon requesting an account activation, 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 within your account information.

Payment

First Payment must be received in full before we setup your account.
Payment is due that same date of purchase next month.
Payments not received within 2 days of the due date of invoice subjects your account to suspension.
Payments not received within 5 days of the due date of invoice subjects your account to deletion.

Refusal of Service

Boosted Servers shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Boosted Servers reserves the right to terminate any account at any time and for any reason. Boosted Servers reserves the right to delete all content and files upon termination. Boosted Servers reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Tenacious Host, reserves the right to refuse, cancel, or suspend service at our sole discretion. In the event that any provision of this Agreement is deemed unenforceable or invalid, such un enforceability or invalidity shall not affect the remainder of this Agreement. Boosted Servers may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Boosted Servers as reflected in the original provision. The laws of the State of California hereunder shall govern this Agreement and all rights. Any action relating to this Agreement or to your use of the Boosted Servers site shall be brought exclusively in the courts of the state of California in the USA. Boosted Servers reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent. This Agreement, the Boosted Servers fee schedule, the hosting terms of use and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and Tenacious Host, and supersede and govern all prior proposals, agreements, or other communications. All Sub-Networks and distributive hosting sites of Boosted Servers must adhere to the above policies. Complaints regarding Illegal Use or System or Network Security issues and complaints regarding email abuse or SPAM should be sent to support@boostedservers.com