Sustainable Hosting- Green Web Hosting, Powered by the Wind

Sustainable Hosting, LLC, a joint venture of Earthsite and Holistechnology, is an environmentally responsible hosting company that is powered by renewable wind energy.

Policy

Terms and Conditions

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 Sustainable Hosting (the "Services"). As used in this Agreement, "Sustainable Hosting" means Sustainable Hosting, LLC and "Client", "you", or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Sustainable Hosting site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Sustainable Hosting Site" refers to the Site located at the URL http://www.sustainablehosting.com, or any other successor Sites owned or maintained by Sustainable Hosting. Sustainable Hosting reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. Sustainable Hosting strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. Any such unlawful activity or abuse of servers negates any kind of guarantees or chance for a refund. This Agreement is imposed to protect you, other Sustainable Hosting customers, and us against harm.

1. APPROPRIATE USE OF THE SERVICES Sustainable 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 agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Sustainable Hosting server in connection with Client's use of the Services which:
o infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Sustainable Hosting or any third party;
o violate any provincial, state, federal or foreign laws or regulations;
o are defamatory, slanderous or trade libelous;
o are threatening or harassing;
o are discriminatory based on gender, race, age, or promotes hate;
o violate our Acceptable Use Policy;
o contain viruses or other computer programming defects which result in damage to Sustainable Hosting or any third party.

Bandwidth: Client may occupy only the amount of disk space on the Sustainable Hosting Server and utilize no more than the network bandwidth that is allotted by Sustainable Hosting. Additional fees will be charged for exceeding the network bandwidth allowance of your selected plan.

CGI Scripts Policy: Each account comes with its own cgi-bin. You are free to use any allowable CGI scripts you wish; however, we reserve the right to disable any CGI script that affects normal server operation or service to other Sustainable Hosting customers. Examples of these kind of scripts include message boards based off a flat text database or scripts running as background processes consuming a large amount of resources. No chat room or similar scripts allowed.

Resource Utilization: Each account is allowed unfettered access to server resources. You are allowed to do whatever you want with the resources; however, we reserve the right to suspend any account that affects normal server operation or service to other Sustainable Hosting customers.

Prohibited Scripts: Below you will find a list of scripts you may not run with our services due to their poorly written utilization of server resources as well as for security purposes.
o UltimateBBS (all versions)
o Ikonboard (all versions)
o IRC Egg Drops
o Proxy Servers
o nph-proxy
o The Anonymizer
o any soap mailer

No "SPAM": Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at Sustainable Hosting, or otherwise, that mentions or reference any domain hosted on Sustainable Hosting servers or parked on Sustainable Hosting DNS servers. Clients found to be using Sustainable Hosting resources to send spam will be subject to a fine of $150.

Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

Termination: Sustainable Hosting reserves the right to refuse service to anyone. Sustainable Hosting, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact Customer Support.

2. PAYMENT OBLIGATIONS Full payment is required from Client before any Service is rendered, which includes renewals. Payment will be automatically collected at the beginning of Client's billing cycle using billing information provided by client during signup or subsequent update. Prompt Payment. Client must promptly remit payment to Sustainable Hosting when it is due. If payment or credit authorization is not received by the date due, Sustainable Hosting reserves the right to delete all content from the Clien't website and make it inaccessible to Client. Furthermore, Sustainable Hosting shall utilize the services of collection agencies to collect amounts due and also reserves the right to report delinquent accounts to credit bureaus.

3. CLIENT LIABILITY AND INDEMNIFICATION The parties agree that in no event shall Sustainable Hosting be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Sustainable Hosting from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder. You agree to use all Sustainable Hosting Services and facilities at your own risk. Sustainable Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Sustainable Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Client agrees that it shall defend, indemnify, save and hold Sustainable Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Sustainable 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 Client, it’s agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Sustainable Hosting against liabilities arising out of: any injury to person or property caused by any products sold or otherwise distributed in connection with Sustainable Hosting Services; any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective products sold to customer from Sustainable Hosting's servers. Sustainable Hosting shall be the sole judge of what violates this Policy.

4. TERM, TERMINATION & CANCELLATION Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services ("Billing Cycle Date"), and shall continue in effect for a period of no less than one (1) year unless otherwise specified by separate agreement or unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement, however, notification of termination must be received at least ten business days prior to your Billing Cycle Date in order to avoid charges in full for the next Billing Cycle. If Client is terminating this Agreement, Client must request cancellation by emailng the Sustainable Hosting billing department. Sustainable Hosting will respond with a cancellation email, which Client shall retain as proof of termination. It is the Clients Responsibility to secure email confirmation from Sustainable Hosting that account has been cancelled. If the Client has not received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If Client has a balance due at the time of termination, this balance must be paid in full. Termination does not absolve Client of any outstanding financial obligations. All Client cancellation requests will become effective within 30 days after termination notice has been provided to Sustainable Hosting. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 - 8 shall survive termination or expiration of this Agreement. In case that the Client's continuing usage of the service is jeopardizing the stability of Sustainable Hosting's service to other clients, Sustainable Hosting reserves the right to immediately terminate this agreement.

5. TAXES Client will pay and indemnify and hold Sustainable 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.

6. DISCLAIMER OF WARRANTY THE SERVICES, THE SUSTAINABLE HOSTING SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE SUSTAINABLE HOSTING SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. SUSTAINABLE HOSTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUSTAINABLE HOSTING SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

7. LIMITATION OF LIABILITY IN NO EVENT SHALL SUSTAINABLE HOSTING BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE SUSTAINABLE HOSTING SITE OR ANY SUSTAINABLE HOSTING PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL SUSTAINABLE HOSTING’S CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIFTY DOLLARS ($50 US). If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Sustainable Hosting. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America and Canada, except with regard to their conflict of law rules. This Agreement and Sustainable Hosting’s policies are subject to change by Sustainable Hosting without notice. Continued usage of the Services after a change to this Agreement by Sustainable Hosting or after a new policy is implemented and posted on the Sustainable Hosting Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Sustainable Hosting Site for any changes or additions.

Anti-Spam Policy

This Anti-Spam Policy applies to all messages sent or received on the Sustainable Hosting services. Sustainable Hosting does not provide anonymous email services. All messages are sent with the user's Internet Protocol (IP) address in the message header, which allows us to track the source of any email message sent from our services.

Sustainable Hosting does not allow its users to be subjected to, nor does it tolerate its users sending, unsolicited bulk or unsolicited commercial email, also known as "spam". Sending spam from Sustainable Hosting's email services is in violation of this Anti-Spam Policy and Sustainable Hosting's Email Terms and Conditions.

Occasionally, individuals that do not have a Sustainable Hosting email account will send spam and set the 'From' and/or 'Reply To' field in their email software to point to a Sustainable Hosting email account, also known as "forging". The result is that it appears to the recipient that the spam is sent by a Sustainable Hosting user, when in fact, it is not. Sustainable Hosting investigates complaints resulting from spam sent and received on the Sustainable Hosting services to evaluate whether the subscriber is the true sender of the message, but has limited control over forging due to the nature of the email software.

Email sent through Sustainable Hosting's services may not:

Use or contain invalid or forged headers;
Contain false or misleading information in the subject line or otherwise contain false or misleading content;
Use other types of deceptive addressing;
Use or contain invalid or nonexistent domain names;
Infringe on any third party's intellectual property or proprietary rights;
Damage, disable, overburden or impair the Sustainable Hosting services or any other party's use of the Sustainable Hosting services;
Send email to recipients who have requested to be removed from a mailing list;
Be used to harvest, mine or collect email addresses or other information, including user or customer information, from or through the Sustainable Hosting services;
Interfere with any other party's use of the Sustainable Hosting services;
Utilize any technique to misrepresent, hide or obscure any information in identifying the IP address, point of origin or transmission path of a message;
Use a third party's domain name, or be relayed from or through a third party's equipment, without the express permission of the third party;
Otherwise violate the Sustainable Hosting Email Terms and Conditions; or
Violate any applicable federal, state, administrative, or any other, law or regulation.

Sustainable Hosting may, at its sole option, deploy automatic spam filters that may temporarily block or permanently terminate email messages sent to or by its users without delivering them. Sustainable Hosting reserves the right to take any and all legal and technical remedies to prevent users of the Sustainable Hosting services and others from sending spam through the Sustainable Hosting services. Any unauthorized use of the Sustainable Hosting services in connection with the transmission of spam to or by users may result in civil and/or criminal penalties against those involved, including those provided under the CAN SPAM Act, ICANN, Computer Fraud and Abuse Act, or any other state, federal, or other law or regulation.

If you've received an email message that you think is spam, please immediately forward a copy of the message to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it Remember to leave the subject line of the message unchanged and include complete headers.

Sustainable Hosting reserves the right to change to this Anti-Spam Policy at any time and may not notify you of such changes. If Sustainable Hosting changes this Anti-Spam Policy, the changes will be posted on the Anti-Spam Policy link on our web site located at www.sustainablehosting.com. We encourage you to check the website frequently for updates. We have zero tolerance for spam. We do not want Sustainable Hosting users to be subjected to it, nor do we tolerate users' dispersal of it. Sending spam from a Sustainable Hosting email site is in violation of the terms and conditions by which we operate, and subscribers found in violation of this policy may have their account terminated.