Terms of Service

Client Terms of Service

The use of services from kellywebsales.com, LLC and operating under various names for services, i.e. LubyG and

LetUsBeYourGuide [hereafter referred to as "kellywebsales" for brevity] constitutes agreement to these terms.

1.) Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order

(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are

signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be

used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all

times. Providing false contact information of any kind may result in the termination of your account. In dedicated

server purchases or high risk transactions, it will be necessary to provide government issued identification and

possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be

considered fraudulent in nature and be denied.

Domain Name Email Usage

If using email from yourname@yourdomain.com and you are using an email client such as Outlook, Outlook Express, Eudora

etc you must set your Outgoing SMTP to your ISP’s server. For example, if your internet service is provided by Comcast

your Outgoing mail server settings would look like this smtp.comcast.net. Each account will be granted 5 domain inboxes

with each hosting plan. Each email address required above 5 will result in a $5 per month fee per email address. Emails

that are forwarded to other accounts without an actual inbox are not subject to this limit.

Transfers

Our transfers team will make every effort to help you move your site to us, however, we can not make guarantees of the

transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the

amount of time it may take as each host is configured a little differently. We will try our best, however, in some

cases we may be unable to assist you in a transfer of data from an old host.

2.) Content

All services provided by kellywebsales may only be used for lawful purposes. The laws of the State of Pennsylvania and

the United States of America apply.

The customer agrees to indemnify and hold harmless kellywebsales from any claims resulting from the use of our

services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to

unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit

merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your

list of required information may be found here. If the request is of a licensing issue, we may require further

documentation.

Examples of unacceptable material include:

IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, “.img” / image hosting only sites that do not host an

actual domain name, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold

exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds

/ rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is

prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of

your services. All abuse issues must be dealt with via phone/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@kellywebsales.com and we

will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to

be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further

monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

3.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and

“double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without

notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited

to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may

be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended

and/or terminated.

kellywebsales reserves the right to require changes or disable as necessary any web site, account, database, or other

component that does not comply with its established policies, or to make any such modifications in an emergency at its

sole discretion.

kellywebsales reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up

fee. This cost of the clean up fee is entirely at the discretion of kellywebsales.

Our Newsletter system may look like SPAM to certain ISP’s. Therefore, the use of our Newsletter system is not

guaranteed to reach all recipients. It is the responsibility of the recipient to allow your email Newsletter to get

through by contacting their individual ISP if difficulty arises.

4.) Payment Information

You agree to supply appropriate payment for the services received from kellywebsales, in advance of the time period

during which such services are provided. You agree that until and unless you notify kellywebsales of your desire to

cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in

writing via email to billing@kellywebsales.com. Invoices that have been paid more than once with multiple Paypal

Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require

assistance with this provision, please contact sales@kellywebsales.com

kellywebsales reserves the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss

Your use of the service is at your sole risk. kellywebsales is not responsible for files and/or data residing on your

account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of

files and data stored on kellywebsales servers. A backup icon is located in every cpanel system for your use.

kellywebsales routinely backs up your website files but is no way a guarantee that your website will be backed up at

the time you need it. Always manually back up your website after significant changes. If kellywebsales is asked to

restore your website files for you there will be a one time fee of $50 which must be paid in advance.

6.) Cancellations, Refunds and Termination of Service

kellywebsales reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time via email to billing@kellywebsales.com. kellywebsales gives you an unconditional 30

day money back guarantee on managed shared hosting. There are no refunds on dedicated servers, administrative fees,

install fees for custom software, domain name purchases and website design. Refund requests after 30 days will be

refunded on a prorated basis of any unused time.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and

signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Any payment not received within 20 days of the date due will cause the account to be suspended.

Violations of the Terms of Service will waive the refund policy.

7.) Resource Usage

User may not:

a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such

problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are

fully allowed.

c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all

daemons, such as IRCD.

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e) Run any bit torrent application, tracker, or client.

f) Participate in any file-sharing/peer-to-peer activities

g) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc

h) Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of

include(“http://yourdomain.com/include.php”) use include(“include.php”)

8.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase.

Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next

allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you

upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages.

Unused transfer in one month cannot be carried over to the next month.

9a.) Money back Guarantee

On dedicated servers and colocation no full refund will be honored — the 30 day money back guarantee does not apply.

We reserve the right to refund a prorated amount or no refund at all.

Each of kellywebsales’s managed shared and reseller servers carry a 30 day unconditional money back guarantee on them.

If you are not completely satisfied with our services within the first 30 days of your service, you will be given a

full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply

to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

9b.) Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month

of credit on your account. Approval of the credit is at the discretion of kellywebsales dependant upon justification

provided. Third party monitoring service reports may not be used for justification due to a variety of factors

including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported

uptime from the operating system of the server which may differ from the uptime reported by individual services. To

request a credit, please contact sales@kellywebsales.com with justification. All requests must be made in writing via

email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network

guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime

guarantee.

10.) Reseller: Client Responsibility

Resellers are responsible for supporting their clients. kellywebsales does not provide support to our Reseller’s

Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the

reseller can assume their responsibility for their client. All support requests must be made by the reseller on their

clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their

reseller account and the actions of their clients’. kellywebsales will hold any reseller responsible for any of their

clients actions that violate the law or the terms of service.

11.) Shared (non-reseller accounts) / Semidedicated Servers

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller

account. Semidedicated servers are not backed up. You must maintain your own backups.

12.) Dedicated Servers

kellywebsales reserves the right to reset the password on a dedicated server if the password on file is not current so

that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that

there is a valid email address and current root password on file for their dedicated server on file to prevent downtime

from forced password resets. kellywebsales reserves the right to audit servers as needed and to perform administrative

actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the

client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups

to it as the most simple solution. Please contact sales@kellywebsales.com if you wish to obtain a secondary hard drive.

It is your responsibility to maintain backups.

13.) Price Change

The amount you pay for hosting will never increase from the date of purchase for one calendar year. We reserve the

right to change prices listed on kellywebsales.com for upgraded services, and the right to increase the amount of

resources given to plans at any time.

14a.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold kellywebsales harmless from any and all demands,

liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against kellywebsales, 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 customer, its agents, employees or assigns. Customer agrees to defend, indemnify and

hold harmless kellywebsales against liabilities arising out of; (1) any injury to person or property caused by any

products sold or otherwise distributed in connection with kellywebsales; (2) any material supplied by customer

infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any

defective products sold to customers from kellywebsales’s server.

14b.) Arbitration

By using any kellywebsales services, you agree to binding arbitration. If any disputes or claims arise against

kellywebsales or its subsidiaries, such disputes will be handled by an arbitrator of kellywebsales’s choice. All

decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related

to such arbitration.

15.) Disclaimer

kellywebsales shall not be responsible for any damages your business may suffer. kellywebsales makes no warranties of

any kind, expressed or implied for services we provide. kellywebsales disclaims any warranty or merchantability or

fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and

any and all service interruptions caused by kellywebsales and its employees.

16.) Disclosure to law enforcement

kellywebsales may disclose any subscriber information to law enforcement agencies without further consent or

notification to the subscriber upon lawful request from such agencies.

We will cooperate fully with law enforcement agencies.

17.) Changes to the TOS

kellywebsales reserves the right to revise its policies at any time without notice.

Kelly Web Sales

Terms of Service

Leave a Reply