Shared Hosting Terms Of Service
Server101 welcomes you and is glad
you have chosen Server101 as your web site host.
encourages you, the member, to utilize the many services made available to
you, making your web experience a pleasant and successful venture.
The Terms of Service and Conditions of Membership Agreement provides the registered
member with Server101's services, policies and a statement of what is allowed
and not allowed, thereby giving you practical but precise approaches for what is
acceptable to the Server101 Community. By registering with
Server101 as a Member you agree to use the Server101 Site in a manner consistent with
all applicable laws and regulations and in accordance with the terms and conditions
Membership with Server101
Membership is available to anyone who registers with a legitimate electronic mail
address. Server101 does not discriminate on the basis of age, gender or
Price and Payment
The Member authorizes Server101 to charge all fees due to the submitted payment details.
All hosting contracts are automatically
renewed for another term unless a written notice of cancelation has been given by either
party at least one week in advance of the renewal date / anniversary date.
If an account has been setup and the initial rent and setup fee are not paid, Server101
has the right to immediately close the account and to refuse service.
If for some reason the Member is not completely satisfied, the Member may cancel the
account within thirty (30) days of the Application and receive a full refund of any service
charges. This policy does not apply outside the first 30
The 30 Day money back Guarantee does not apply to accounts
participating in the free domain offer. Hosting fees will be
refunded minus the setup fee.
All cancellation requests must be initiated by an email from the primary contact person on the account who shall provide sufficient identification. Account terms are final and there are no refunds of unused time if the service contract is canceled by client before the regular expiration date / anniversary date. Any cancellation request shall be effective upon receipt unless otherwise requested.
Definition/Guidelines of Membership
Server101 provides its Members with storage space for their Web Site
together with a personal virtual server (membername.). Members may
also have their own domain name (www.domain.com) mapped to their storage space.
Members must agree to accept our email messages as part of their service. We
only use email to inform you of new membership benefits and features, to let you
know of urgent problems on our site, and to present special members-only
opportunities to buy products and services that are appropriate to the interests
of our Communities. And we keep these messages to a minimum.
Server101 is not responsible for the content of any personal Web Site, and
the views expressed by any of its Members are the responsibility of the posting
Member and not Server101. Server101 does not review Web
pages in any
way before they appear on the Member area of the Site.
Server101 reserves the right to modify or remove anything submitted to
Server101, and to cancel membership at anytime. Any site that violates
the following guidelines will be immediately removed from Server101.
Member's Web pages cannot contain or provide links to:
Server101 may terminate Membership and any and all information,
communications, Postings, or Web pages at any time, without notice, for conduct
that violates this Agreement or other policies or guidelines set out by
Server101 elsewhere on the Site. Server101 may terminate
Membership and delete any and all information, communications, Postings, or
Web pages for online conduct that Server101 believes is harmful to other
Members, the business of Server101, or other third-party information
- Nudity, pornography, and sexual material of a lewd, lecherous or obscene
nature and intent or that violate local, state and national laws.
- Any material that violates or infringes in any way upon the rights of others,
including, without limitation, copyright or trademark rights; this includes "WAREZ"
(copyrighted software that is distributed illegally), "mp3" files of copyrighted
music, copyrighted photographs, text, video or artwork. If you don't own the
copyright or have documented permission to use it, don't put it on your site at
- Any material that is threatening, abusive, harassing, defamatory, invasive of
privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise
objectionable; this includes posting other peoples' private information.
- Content that promotes, encourages, or provides instructional information about
illegal activities---specifically hacking, cracking, or phreaking.
- Any software, information, or other material that contains a virus, "Trojan
Horse", corrupted data, or any other harmful or damaging component;
- Hate propaganda or hate mongering, swearing, or fraudulent material or activity;
- Using in the registration of your Server101 Membership an email account
that is or becomes inactive or that is not your own email Account.
Server101 provides space for Member Web pages but makes no implied or
express warranties about the reliability of these pages. Server101 is not
responsible for any damage caused by loss of access to, or deletion or alteration
of Member pages; individual Members are responsible for monitoring and creating
backups of their pages not Server101.
If Server101 becomes aware of the presence of copyright infringing material
on its server either in the course of its ordinary and reasonable business
activities, or through notification by a third party who alerts Server101,
preferably by certified mail, of the specific location of the alleged presence
of such materials, Server101 will:
1. Contact the Member responsible for the page and alert him or her of the
allegations of copyright infringement and notify the person that within five days
he or she must respond as to why the allegedly infringing material does not
infringe the purported copyright. Server101 will also alert the Member that
absent such a response, Server101 reserves the right to delete the
2. If the Member fails to respond within five days, Server101 will make a
decision whether to remove the page/site. If the alerted party responds to the
allegations and claims the page is not infringing, Server101 will either
forward the response to the third party alleging the infringement, or in the case
that Server101 has discovered the infringement, make a decision whether
to remove the page. If in its sole discretion, Server101 concludes that
one of its Member's home pages contains a particularly flagrant copyright violation,
Server101 reserves the right to delete the offending home page at any time.
Rules for Online Conduct
Server101 Bulletin boards, Chatrooms & Email Postings
The Member agrees not to include any electronic mail or postings ("Postings")
that contain any of the following material in Server101 Bulletin boards,
Chatrooms, or email transmissions:
a) Material that defames abuses or threatens others.
b) Statements that are bigoted, hateful or racially offensive.
c) Material that advocates illegal activity.
d) Material that contains obscene content.
Network abuses, including but not limited to mail abuse (mass mailing unsolicited
email) and usenet news abuse (mass crossposting articles unrelated to group topics),
is prohibited and will result in termination of membership at the discretion of
All information provided by a Member is strictly confidential. Server101reserves the right to distribute aggregated demographic information provided by
Members, but will never release the name or other personal information about a
Member without the permission of that Member. However, Server101 reserves
the right to release current or past member information in the event:
- Server101 believes that the membership is being or has been used in
violation of the Terms of Service,
- or to commit unlawful acts,
- or if the information is subpoenaed,
- or when Server101 deems it necessary or appropriate.
The exchange between Server101 and the Member of information such as
passwords or electronic mail may not be secure given the current state of
Internet technology. Server101 encourages Members to change their
Liability and Guarantee
The Member agrees that the use of the Site is entirely at the Member's own risk.
The Site is provided on an "as is" basis without warranties of any kind, either
expressed or implied, constructive, or statutory, including, without limitation,
any implied warranties of merchantability, non-infringement or fitness for a
Server101 is not responsible for the delivery or quality of any goods
or services sold or advertised through or on Server101 members' page(s).
Server101 makes no guarantee of availability of service and reserves the
right to change, withdraw, suspend, or discontinue any functionality or feature
of the Server101 service. In no event will Server101 be
any damages, including, without limitation, direct, indirect, incidental, special,
consequential, or punitive damages arising out of the use of or inability to use
Server101's services or any content thereon. This disclaimer applies,
without limitation, to any damages or injury, whether for breach of contract,
tort, or otherwise, caused by any failure of performance; error; omission;
interruption; deletion; defect; delay in operation or transmission; computer virus;
file corruption; communication-line failure; network or system outage; or theft,
destruction, unauthorized access to, alteration of, or use of any record.
The Member agrees to indemnify and hold Server101 harmless from any loss,
liability, claims, damages and expenses, including attorneys' fees, arising from
or related to the content, use, or deletion of the Member's pages or use of any
other Server101 feature or service. This expressly includes:
(i) Member's responsibility for any and all liability arising from the
violation or infringement of proprietary rights or copyrights, and
(ii) Any defamatory or unlawful material contained within Member Web pages or
This document supersedes all previous agreements, proposals and communications,
either written or verbal. Server101 reserves the right to change or amend
these Terms of Service at any time without prior notice. By becoming a
Server101 Member, you signify your agreement to these Terms of Service.