My Web Host
TERMS OF SERVICE

My Web Host services may only be used for lawful purposes. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Gerald R Lapinsky and/or Lauren Lapinsky and/or My Web Host and its individual contributors from any claims resulting from the use of the service which damages the subscriber or any other party.

Any attempt to undermine or cause harm to a server, or customer, of My Web Host is strictly prohibited. We prohibit sites that promote any illegal activity or contain any content that may be damaging to our servers or any other server on the Internet.  Links to these sites are also prohibited. My Web Host will be the sole arbiter as to what constitutes a violation of this provision.
Here are some examples of unacceptable content and links: Pirated software, Hacker programs or archives, & Warez sites.

WE DO NOT ALLOW HATE GROUP SITES!!!!!!!
My Web Host will be the sole arbiter in determining violations of this provision.

We do not allow clients to install their own chat rooms. These are a large drain on system resources. (Please use our INCLUDED chat room scripts if you want a chat room)

We do not allow programs to run continually in the background.

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

We do not allow the sale of products such as fake IDs or other types of similar items.

We do not allow the sale of products such as stocks and bonds, gaming of any kind, any form of gambling, etc…

We do not allow sites which include advice on or links to
sites which include anything that is not allowed
within our terms of service.

Spamming, or the sending of unsolicited email, from a My Web Host server or by using an email address or domain that references our servers is STRICTLY prohibited. My Web Host will be the sole arbiter as to what constitutes a violation of this provision.

To maintain the integrity of our service, the following restrictions apply:
1) No more than 20% of any site’s monthly traffic is to be used for downloads or outgoing data of any sort.
2) No sites will be allowed to use more than 20% of our system resources.
My Web Host will be the sole arbiter as to what constitutes a violation of this and any other provision of these terms.

 Gerald R Lapinsky and/or Lauren Lapinsky and/or My Web Host and its individual contributors assume no responsibility for the accuracy, errors, omissions, performance, uses, or material contained in the Service.

The Service is provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

You agree that access to and use of all of the services is at your own risk and neither Gerald R Lapinsky and/or Lauren Lapinsky and/or My Web Host, nor its principals shall be liable for any claims, liabilities, losses, damages, costs or expenses of any kind arising from or related to either your use of the services or any action or omission of Gerald R Lapinsky and/or Lauren Lapinsky and/or My Web Host, and/or its principals in providing the services. You further agree to indemnify and hold Gerald R Lapinsky and/or Lauren Lapinsky and/or My Web Host, and its principals harmless from and with respect to any and all claims, liabilities, losses, damages, costs and expenses, joint or several, under statute, common law or otherwise, arising out of, based upon or in connection with access, use, inability to use or misuse of the services or any other circumstances.

This agreement shall be governed by and construed in accordance with the laws of the City of Phoenix, AZ, and to the extent such courts have jurisdiction, by the State of Arizona or the United States District Courts located in Arizona. The parties hereby agree that the appropriate forum for any disputes arising out of this Agreement or the transactions contemplated hereby shall be the city courts of Phoenix, AZ, the state courts of the State of Arizona, and the United States District Courts located in Arizona, and the parties hereby irrevocably consent to the exclusive and personal jurisdiction of such courts. If it becomes necessary to refer the client account to an attorney and/or court for collection, the client shall pay all reasonable attorney’s fees, court fees and collection expenses. All delinquent accounts bear interest at the legal rate.

Advance payment is accepted.

If you use our services to register a new domain name, (if you choose New Domain Registration on the web hosting order form when you sign up) you will be billed an additional fee of $24.99 on your credit card.  The fee to register and to use a domain name for one year is $24.99 a year for names ending in .com .net .org

If you use our services to transfer your current registrar to the registrar that we use, you will be billed an additional fee of $24.99 on your credit card.  The fee to register and to use a domain name for one year is $24.99 a year for names ending in .com .net .org
You do not have to switch registrars if you want to use our web hosting service.
If you use our services to transfer your domain name to our web hosting services without changing registrars, you will NOT be billed an additional fee of $24.99 on your credit card unless you specifically ask us to transfer your registrar.

We accept Visa and Mastercard and American Express
& Debit Cards & Checks and Money Orders.
The charge on your credit card will be from My Web Host

We only accept payment in US currency.

There is a $100.00 restoration fee for sites deleted for cancellation or non-payment.

Any past due amounts paid will be applied in the following order:
1 – web design fees
2 – web hosting fees
3 – domain name registration/renewal fees

Daily backups are for rebooting the server if necessary.
They are not for restoring client files on an individual basis although in most cases we will restore them for you at no charge.
Clients should keep their own backup copies of everything.
Please note: the Windows servers are not backed up like the Linux servers so please be sure to back up your site.
You agree that we are not responsible for keeping copies of any of your files and use of all of the services is at your own risk and neither Gerald R Lapinsky and/or Lauren Lapinsky and/or My Web Host, nor its principals shall be liable for any claims, liabilities, losses, damages, costs or expenses of any kind arising from or related to either your use of the services or any action or omission of Gerald R Lapinsky and/or Lauren Lapinsky and/or My Web Host, and/or its principals in providing the services. You further agree to indemnify and hold Gerald R Lapinsky and/or Lauren Lapinsky and/or My Web Host, and its principals harmless from and with respect to any and all claims, liabilities, losses, damages, costs and expenses, joint or several, under statute, common law or otherwise, arising out of, based upon or in connection with access, use, inability to use or misuse of the services.

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

All registration fees stated on this web site are for our web hosting customers. For non-web hosting customers – please email us for pricing.

YOUR USE OF OUR SERVICES MEANS THAT YOU ACCEPT ALL OF OUR TERMS OF SERVICE.

These terms are subject to change without notice. Please read these terms of service regularly.

Failure to follow any term or condition will be grounds for immediate account deactivation.