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Cingular Hosting - Terms of Service

Terms of Service

Modification

Cingular, Inc. reserves the right to add, delete or modify any provision of this policy at any time without notice. You agree to be bound by any changed Cingular, Inc. may reasonably make to this agreement when such changes are made. If you have purchased services or software from Cingular, Inc., the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide.

Satisfaction Guaranteed

30 Day Guarantee Statement
Shared and Reseller Accounts
If for any reason you are unhappy with the services you receive from Cingular, Inc. during the first 30 days of service, you may request in writing via email or by our cancellation form (as mentioned below) that your services be discontinued at which time you will receive a full refund. You must also state a detailed reason as to why you are cancelling (as we request for any cancellation, no matter the time frame). We are the sole arbiter as to if your reason is a valid reason and if all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel. Please note that all domain registration is NON-refundable.

New Accounts

All new products purchased on our order page are set up within 24 hours by our account administrators. You will receive two (2) emails including login details after your purchase. Due to unforeseen complications with various mail servers and any connection problems between your ISP and Cingular, Inc., this process may sometimes be delayed.

Domain Names and Domain Transfers

In order for your domain name to point to the Cingular, Inc. server your new account is located on, you must change your DNS (Domain Name Servers) at your registrar. These DNS are located in your welcome email and they are defined in a pair (primary- ns**.cingularhosting.com and secondary- ns**.cingularhosting.com). Please note: Our DNS are unique to each server so if you sign up and then a few months later open another account, you will not be using the same DNS as before.
Please be aware that the above process is not known as a domain transfer. A domain transfer is if you want to physically transfer your domain to Cingular, Inc. and away from your original registrar. You must create an account at Cingular, Inc. and initiate a transfer. Your domain transfer fee will be specified at checkout and that goes toward one year of registration with Cingular, Inc., added on to your current registration period with the previous registrar.
Cingular, Inc. will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. Cingular, Inc. does not take responsibility for failing to renew domain names. Please note that domain registration is irreversible. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk. If you have any questions at all about DNS changes or domain names in general, please open a ticket at our helpdesk.

Content

Cingular, Inc. believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to color, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove the content within a certain timeframe or will face account suspension and/or termination.

We prefer that you self-govern your content and remain responsible and all-knowing of what your website publically provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individualy, which have growing and evolving content, is impossible. However, if Cingular, Inc. is made aware of any questionable content on a Cingular, Inc. server, we will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a Cingular, Inc. server that copyrights their own material or that they wish to be removed, we require a proper DMCA notice to begin investigation.

Liabilities

Cingular, Inc., makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall Cingular, Inc. be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by contacting our abuse department.

Hosting Package Modifications

We are always evolving to stay competitive in our market so, in the future, if modifications are made to your respective plan's specifications and/or price, the change will not automatically take effect on your plan. It is the sole responsibility of the client to request any updates or modifications to a plan.

Registrant Rights & Responsibilities

By registering your domain with Cingular, Inc. you agree to the Registrant Rights & Responsibilities as outlined by ICANN here.

Payments and Agreement to Pay

As consideration for the software or services purchased by you and provided to you by Cingular, Inc., you agree to pay Cingular, Inc. at the time you order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your services are suspended, terminated, or transferred prior to the end of the services term. Cingular, Inc. expressly reserves the right to modify pricing through email notification and/or notice on its web site. You may make payment by providing either a valid credit card or PayPal email address.

Shared hosting, reseller hosting, dedicated servers, collocation services and SaaS Products are all billed on an automatic basis on the first of every month. If you sign up mid month you will be charged a pro-rated amount from signup date to the first of the next month. Regular monthly charges will begin the following month. If you sign up for an annual plan you will also be charged a prorated amount and billed on a similar fashion. Cingular, Inc. will automatically renew your services when they come up for renewal and will take payment from the payment method you have on file with Cingular, Inc. at Cingular, Inc. current rates.

If for any reason, Cingular, Inc. is unable to charge your payment method for the full amount owed, or if Cingular, Inc. is charged a penalty for any fee it previously charged to your payment method (such as a charge back dispute), you agree that Cingular, Inc. may peruse all available remedies in order to obtain payment. You agree that among the remedies Cingular, Inc. may peruse in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names or services registered or renewed on your behalf.

You agree that you are solely liable for arranging that your services are renewed, and that Cingular, Inc. shall not be liable to you or any third party if it is unable to charge your payment method in order to renew your services. You also agree that you are liable for all services that have been rendered on your behalf until a termination of service has been officially received by the accountholder for services.

Late Payments

If at any time, your hosting payments become past due, you will receive a notification via email (to the most recently updated email address on file) with instructions on rectifying the situation. Please note that Cingular, Inc. holds the right to deny access to and/or de-activate accounts hosted on our servers of which have unpaid past due balances.

Accounts are at risk for suspension of service if payment for hosting is not received 10 days after the due date.

Shared/Reseller Accounts 10 days past due will be assessed a late fee calculated at 30% of the balance due to re-activate service.

Dedicated Server Accounts 5 days past due will be assessed a $20.00 late fee to re-activate service.

VPS Accounts 10 days past due will be assessed a $15.00 late fee to re-activate service.

SaaS Services 10 days past due will be assessed a $15.00 late fee to re-activate service.

If an account holder submits a bank assisted dispute for services rendered, their hosting account will be de-activated within 48 hours if the payment issue has not been recovered. A $50.00 charge back fee will be added to the amount disputed by the customer.

We only accept credit cards, debit cards, or PaypPal for payment of services. Yearly plans renew automatically and are charged to the most recently updated credit card (or Paypal address) on file. In the event that your yearly/monthly charge is denied and we are unable to contact you, then the aforementioned fees to enable your account shall apply. Monthly installments will incur for the entire duration services are rendered and you remain subscribed to until you submit proper cancellation of the account.

Any debt not paid 45 days after the due date will be forwarded to an outside collections agency for proper collection. At that time, the account holder will incur a $50.00 collection fee added to the balance previously due, and interest will be assesed at 18% until the outstanding balance is paid in full.

Please note that Cingular, Inc. holds the right to deny access to and/or de-activate accounts hosted on our servers with past due balances.

PLEASE ADDRESS ANY QUESTIONS REGARDING PAYMENTS TO OUR ACCOUNTING DEPARTMENT BY OPENING A TICKET AT OUR HELPDESK.

Overage Charges

Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth exceedment warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed.

Cancellations

Shared/Reseller/Dedicated/VPS/Colocation/SaaS Accounts - If you wish to cancel your services, you must complete a cancellation request five (5) business days prior to your renewal date. If your notice of cancellation is not received within this time frame, you will be liable for payment of the proceeding month and hereby agree to complete payment as invoiced accordingly. You can cancel the appropriate product and service by following these steps:
Logging into your account
Viewing the "My Products/Services" Page
Choosing the appropriate product by clicking on "View Details"
Click on "Management Actions", followed by clicking on "Request Cancellation"
Fill out the requested information and click on "Request Cancellation"

If you cancel your account and your payments still continue to recur for any reason such as 1) by fault of Cingular, Inc. staff 2) by fault of the credit card processor 3) by fault of any other payment collection company, we are to be held free of liability for any overdraft fees that are issued by your financial institution.

Refunds/Account Termination

If, for any reason, Cingular, Inc. fails to deliver said services to you, a prorated refund will be issued. No refunds will be issued if abuse of our stated policies forces Cingular, Inc. to suspend or terminate your services prematurely. In the event you request account cancellation, once your service has been cancelled your account will be suspended from use. It will then be deleted within 30 days. Cancellations of accounts pre-paid for on a monthly basis will not receive a refund for the remainder of the billing period. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated refund based on the monthly rate of the same hosting plan. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.

Bandwidth Usage Policy

All dedicated and colocated servers are given access to bandwidth graphs which are updated in five minute intervals. These graphs are located in the client access area. All bandwidth billing is exclusively calculated based on the graphs provided.

All leased and co-located server plans include a specific continuous allocated data transfer rate. Depending on the plan that you have the bandwidth usage included may vary. For example purposes, a plan with an allocated bandwidth of 1,500 GB of data transfer monthly is equivalent to a transfer rate of 4.5 Mbps in a 30-day calendar month. If your monthly usage exceeds the bandwidth transfer rate of 4.5 Mbps within your monthly billing cycle, you will be billed for overages exceeding 4.5 Mbps based on 95th percentile metering. In accordance to these terms of service, you are liable and agree to pay such overages at the rate of $50.00 per 1 Mbps of bandwidth.

Example:
Bandwidth Allocation 4.5 mbps
Bandwidth used for x month = 5.0 mbps (based 95th percentile metering)
Bandwidth overages = 5.0 mbps - 4.5 mbps = 0.5 mbps
0.5 mbps x $50.00/mbps = $25.00
If you anticipate high bandwidth usage, please contact our sales department via our helpdesk for further information on the availability of other plans with higher bandwidth allocations for lower rates.

Note: For calculation purposes, our accounting system defines one month as 30 days. Based on this definition the rate of 1 Mbps of continuous data transfer in a one month period is approximately 333.33 GB of bandwidth a month.

Further in-depth information on 95th percentile metering may be found on the following site: https://en.wikipedia.org/wiki/Burstable_billing

cPanel Transfers

Cingular, Inc. provides free cPanel account transfers for all new accounts (less than 30 days from sign-up date). Transfer requests submitted after this 30-day period are subject to transfer fees based on source account size. Please contact a member of our sales team for more information. All transfers from remote networks (servers hosted outside of the Cingular, Inc. data centers) are not guaranteed. There are many factors that can affect remote transfers that may be out of our control (poor network connections, firewalls, missing/incorrect account credentials, corrupted source account data, etc.). We can only promise that we will make our best effort to transfer your data to our servers. If we are unable to complete the transfer, we will let you know so that you can handle the transfer yourself. We also cannot be held responsible for the integrity of your transferred data.

Source Server Requirements:

  • Active cPanel license
  • Recent stable version of cPanel
  • Perl 5.8.8
  • MySQL4 or later (Note: All servers/accounts come with MySQL5. Please ensure database compatibility before submitting request.)


Affiliate Program

1. Cingular, Inc. may terminate the Program or Publisher's participation in the Program for any reason upon five (5) day's notice to Publisher.
2. Publisher agrees not to participate in the Program through any Website or e-mail service which is misleading, libelous, defamatory, obscene, abusive, violent, bigoted, hate-oriented, illegal, or offers any illegal good or service, links to any Web site that does so, offers or promotes any illegal activity or the disparagement of any individual group on the basis of age, color, national origin, race, religion, gender, sexual orientation or physical or mental handicap, which engages in sending unsolicited commercial e-mail.
3. Publisher is authorized to use Cingular, Inc. logos, trade names, trademarks, and service marks, solely for the purpose of promoting Cingular, Inc. products through the Program. Publishers may not alter, modify or change the foregoing in any way.
4. Immediately upon termination of the Program or Publisher's participation in the Program, Publisher will stop displaying all advertising content or links relating to the Program.
5. Nothing contained herein shall imply any partnership, joint venture or agency relationship among the parties, and no party shall have the power to obligate or bind another party in any manner whatsoever, except to the extent herein provided.
6. These Terms and Conditions shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
7. Cingular, Inc. may modify any of these terms and conditions at any time with proper notice to Publisher. Continued participation in the Program will constitute acceptance of the modification by Publisher.

(a) Not Allowed in Program

1. Mask URL using any Brand Names.
2. Make any representations, express or implied, or create an appearance that a visitor to your site is visiting a Cingular, Inc. site; e.g., "framing" site.
3. Use any mark, name or domain name of any type, which is confusingly similar to Trademark or other Brand Name.
4. Engage in fraud or other conduct calculated to generate the payment to Publisher of commissions that do not reflect compensable Referrals/Leads/Booked Accounts within the spirit of the Program.
5. Engage in SPAM or unsolicited commercial advertising emails.
6. Must not offer an Incentive or Reward for purchasing a product through referral link. Incentives programs are not allowed and will be reversed.

(b) Protected Keywords

The following keywords are prohibited from Search Campaigns and PPC marketing and campaigns: cingular, cingularhosting.net, www.cingular, www.cingularhosting.net or any variation of our Trademark.

(c) Prohibited SEM Ad Copy Content

Official, official site or any variation of official site that creates confusion to the consumer or a misrepresentation of who the actual web host is.

(d) Prohibited SEM Display URL Content

Publishers are not allowed to use cingularhosting.net as the display url for any PPC advertising.

(e) Direct Linking

Publishers are not allowed to link directly to our Web site from search marketing campaigns.

(f) Prohibited Website Content

Affiliates are NOT permitted to use cookie stuffing techniques that set the tracking cookie without a user clicking on the affiliate link. (This includes but not limited to the use of iframes) Affiliates may NOT copy our website or portions of our website and display it on their own site or subdomain.

Terms of Service is effective as of January 1, 2012

Company Information

Cingular, Inc.
121 South Orange Ave
Suite 1500
Orlando, FL 32801
Phone: (321) 473-6400
Toll Free: (855) 694-8489