You must agree to the following terms and conditions to have your web site hosted by Tampa Bay Web Design. By placing your order you indicate acceptance of these terms.

General Terms

Allowed Content

Tampa Bay Web Design does not allow storage and/or display of the following material on its servers. This includes uploading to web sites, or transmitting by any material (by e-mail, uploading, posting or otherwise).

  1. Adult Sites: We prohibit any adult (pornographic) web-sites on our servers, including pedophile sites, sites linking to pornographic sites (outside links) and pornographic advertisements on your own site.
  2. Illegal use: Tampa Bay Web Design services may not be used for illegal purposes, or in support of illegal activities.
  3. Copyright or trademark infringement: Use of the Tampa Bay Web Design service to transmit any material (by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
  4. Distribution of Viruses, Spyware, and Malware: Distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Distribution of software that monitors computer or computer user activity without the computer user's knowledge and consent is prohibited.

Spamming

Spamming (sending unsolicited commercial or bulk emails) using our servers is strictly not allowed. DO NOT SEND SPAM EMAIL FROM OUR SERVERS.

Sending spam emails which include links to a web site hosted on one of our servers is also forbidden. We reserve the right to suspend or terminate any site that is linked to from spam emails.

To protect our servers we have imposed a limit of 500 emails sent within a 1 hour per hosting account.

Usenet Spamming: We have a zero tolerance policy for the use of our network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

Server Use

We want to allow our customers to use our servers the best way, but in order to protect other users, we may, temporarily or not, suspend a shared hosting site if this site slows down our servers or uses too much server resource. In this case, we will try to find a solution together with the customer.

You may not use your site to publish material, which Tampa Bay Web Design determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics including photographs, illustrations, images, drawings, logos, executable programs, video recordings, and audio recordings.

You must take reasonable steps to protect the security of our servers.
This includes, but is not limited to:

  1. Keeping all passwords to Tampa Bay Web Design systems secure. You must not reveal your passwords to third parties.
  2. Ensuring that any scripts that are installed on your site cannot be exploited to compromise the security or the server.

Server System Files

All files not within the public_html, www or public_ftp folders are concerted System Files and are not to be removed or altered in anyway. Make sure when using FTP to upload files to the server you are within the public_html folder.

The following constitute violations of Tampa Bay Web Design terms and conditions:

  1. Illegal use: Tampa Bay Web Design services may not be used for illegal purposes, or in support of illegal activities. Tampa Bay Web Design reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
  2. Harm to minors: Use of the Tampa Bay Web Design service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
  3. Threats: Use of the Tampa Bay Web Design service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
  4. Harassment: Use of the Tampa Bay Web Design service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
  5. Fraudulent activity: Use of the Tampa Bay Web Design service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," "hyip schemes," and "chain letters."
  6. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited.
  7. Unsolicited commercial e-mail / unsolicited bulk e-mail (SPAM): Use of the Tampa Bay Web Design service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Tampa Bay Web Design account.
  8. Unauthorized access: Use of the Tampa Bay Web Design service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Tampa Bay Web DesignâÂÃ??ÂÃ?? or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination.
  9. Fraudulent links: Use of fraudulent referrers to a site hosted on our servers is forbidden. This includes, but is not limited to, blog ping backs. Inappropriate (e.g. off-topic or automated) postings to forums, or other services containing links to a site hosted on our servers is forbidden.
  10. Servers and Proxies: Use of server software or scripts which creates a listening socket on our server is forbidden. Proxies which receive requests over HTTP and use our network connection to forward the request to another server are not permitted. This includes, but is not limited to, HTTP proxies.
  11. File Sharing and Bit Torrents: Use of software and scripts for "file sharing", "bit torrents" or similar is not allowed on our servers. This includes sending or receiving files using these mechanisms.
  12. Tampering with System Files This includes removing or altering in anyway any file NOT within the public_html, www or public_ftp folders

Server Security

  1. cPanel Passwords : Your password must be strong server default password strength is set to 60 if you need to change your password but don't know how to come up with a strong password you can go to Strong Password Generator to help.
  2. Email Passwords: This is the most important password that MUST be strong. IF your email account is compromised due to a weak password your hosting account will be suspended until the compromise has been fixed.
  3. FTP Passwords: Keep in mind that this service has 100% access to all of your website files you must have a complex password for all FTP accounts. 

Scripts

You are responsible for ensuring that any scripts that you install do not compromise the security of our servers. This includes, but is not limited to:

  1. Ensuring that it is not possible to abuse such scripts to gain access to the file system of the server.
  2. Ensuring that it is not possible to abuse such scripts to send emails to third parties.
  3. Ensuring that you update any installed scripts with the latest releases, which often contain security fixes.

If a script installed on your site is compromised, we will require a cleanup of your site for a cost of $95.00 per hour.

Server maintenance

We might have, from time to time, to perform maintenance, upgrades or replacements to our servers. We reserve the right to suspend access to such server during the required time to do the maintenance, upgrade or exchange the server, for no more than 4 hours. In this event, the users will be sent an e- mail at least 24 hours before the due date and time for maintenance.

Responsibility

Tampa Bay Web Design will not be responsible for any damages your business may suffer. Tampa Bay Web Design makes no warranties of any kind, expressed or implied for services we provide. Tampa Bay Web Design disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Tampa Bay Web Design, its employees, suppliers, customers or any third party.

You, as a Tampa Bay Web Design customer, are solely responsible for the content stored on and served by your web site.

Backups

You are solely responsible for maintaining adequate backups of your content.

Technical Support

Tampa Bay Web Design provides technical support to our customers via a support ticket system. For shared hosting, Tampa Bay Web Design provides support related to your web site physical functioning. Tampa Bay Web Design does not offer technical support for application specific issues such as PHP or cgi programming, html, script installation or any other such issue. There are links in the memberâÂÃ??ÂÃ??s area to other web sites that can help with such issues.

You may purchase additional technical support for issues which are not covered by our normal support. Our standard technical support rate is $30 per half hour, paid in advance. For a cost estimate for additional support please create a support ticket in the memberâÂÃ??ÂÃ??s area describing the support you require. If you purchase additional technical support and our estimate is too low we will stop work and advise you as soon as possible and provide you with a new estimate. If our estimate is too high, we will refund any extra amount paid by you.

Dedicated Servers

Standard dedicated server technical support is limited to resolving issues related to functioning of the server hardware. The customer agrees to provide any information required to diagnose faults, such as root passwords. We will on request perform a power-cycle reboot of your dedicated server.

Additional Basic and Advanced management are available for purchase in advance. These provide additional support for day to day running of your server, and include the following activities:

  1. Software, OS and Kernel Updates
  2. cPanel Updates
  3. Site Backup Configuration and Restoration
  4. DNS Configuration
  5. Software Installations (NetPBM, ImageMagick, GD etc.)
  6. Perl module installs/updates
  7. SSL certificate management

For customers who take advantage of the Advanced Management service, we will undertake any administration tasks on your server as directed, up to 2 hours per month (doubled to 4 hours for the first month). Unused hours can be carried over into the next month (but not subsequent months).

Modification

We may modify any of these terms and conditions contained, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Your continued participation now, or within thirty (30) days following the posting notice of any changes in these terms and conditions, will constitute a binding acceptance by you of such rules, changes or modifications. If any modification is unacceptable to you, your only recourse is to terminate your account(s). In this case, a pro-rata repayment of web hosting costs will be made.

Uptime Guarantee

We have an availability guarantee of 99.99% availability per month. If this is not met, we will, on request, credit your hosting with 1 day for each hour your site is down, up to a maximum credit of 30 days in any calendar month. The Uptime Guarantee is only applicable to shared web hosting. It is not applicable to domain name registrations or dedicated server hosting.

Chargeback and Payment Disputes

All payment disputes must be raised via the support ticket system.

If you dispute a payment through your credit card company, through PayPal or another financial institution we may immediately suspend or terminate all services you have purchased from us. We may levy a charge of $20 per dispute instance, payable before we restore your services. If we are charged a chargeback settlement fee, or other fee related to the payment dispute, we may pass this fee onto you.

Termination and Suspension

You may terminate your hosting at any time by advising us via a support ticket that you wish to do so or go to https://tampabay-webdesign.com/client/

We may suspend any or all of your services where we have reason to suspect a violation of our terms and conditions whilst we investigate the suspected violation. We may suspend your services where we have reason to suspect that a script installed on your site is being abused whilst we investigate the suspected abuse.

Clean Up

If we suspect that activities performed by you or a third party on your hosting account, whether deliberate or not, may compromise the security of our server or any other server or computer, we may require a clean up to be performed.

A simple cleanup will be provided free of charge, resulting in total loss of existing data on your hosting account. You should then restore the site from your backups. Depending on the severity, we may agree to perform a complex clean up (targeting only compromised files), for which we will charge support at our standard support rate.

Violations

If you violate our terms and conditions we may terminate or suspend (temporarily or indefinitely) any services you have with us. In this case no refund will be given for any payments that have been, or are made by you to us.

Cancellation and refund

Tampa Bay Web Design will accept a request to cancel a web hosting account and give a full refund to a new customer who requests such refund and cancellation within 30 days of ordering. Domain name registrations cannot be cancelled and are not refundable. Dedicated server plans are not refundable.