Violation of these terms of service could result in suspension or removal of your account depending upon the circumstances. Suspension means that your account is put into a limbo state and is unreachable through any means. During suspension no files are lost or altered. Accounts found to be running a script which is causing a very high cpu load or mail script being used to send spam will almost always be suspended without notice to prevent further damage. Poorly written scripts must be removed in order for us to restore your service. Reports of spam are taken very seriously usually resulting in immediate account suspension and investigation without notice. We reserve the right to suspend any or all accounts held by you without notice if we deem it necessary to do so.
2. Scope of Service
Script support or other “how-to” services are not provided as part of the hosting package. It is the responsibility of the user to become learned in setting up and administering their account including script installs, file permissions, uploading procedures, etc. Support will be strictly limited to making sure that running scripts is possible by running our test script. SigmaWeb can provide “for fee” service to maintain/control your account for you.
All services provided by SigmaWeb Web Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any European Community, 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 secrete and other statue. The subscriber agrees to indemnify and hold harmless SigmaWeb, LLP from any claims resulting from the use of the service which damages the subscriber or any other party.
3.1 Pornography and sex-related merchandising are prohibited on any SigmaWeb Web Hosting server. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to SigmaWeb Web Hosting servers or any other server on the internet. Links to such materials are also prohibited.
3.2 You agree to not use the Service to:
Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
4. Examples of non-acceptable content or links
Hackers programs or archives
SigmaWeb Web Hosting will be the sole arbiter as to what constitutes a violation of this provision. Any websites found in violation of this policy will be cancelled and any resulting monetary damages to us will multiplied by a factor of two (2) and charged to the account holder.
5. Banned Scripts
The following are scripts which either cause a great load on our servers or pose a serious security risk, therefore can not be run on our servers.
Any gaming server software
UltimateBBS (all versions)
Ikonboard (all versions)
IRC Egg Drops
any soap mailers
6. SPAM and Unsolicited Commercial E-mail (UCE): – Email or Usenet
Spamming, or the sending of unsolicited email, from a SigmaWeb Web Hosting server or using an email address that is maintained on a SigmaWeb Web Hosting machine is STRICTLY prohibited. Equally, any email or usenet spam which points to any domain hosted on a SigmaWeb Web Server will result in immediate suspension of that domain name account and a full investigation. Any form mail script running on your account is done at your own risk. Ignorance of the risks of such scripts is no defense. SigmaWeb Web Hosting will be the sole arbiter as to what constitutes a violation of this provision.
Reports of spam are given top priority if you have arrived at this page in the course of a spam investigation and wish to report abuse send all details and headers to \n firstname.lastname@example.org as soon as possible.
SigmaWeb takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of SigmaWeb may not use or permit others to use our network to transact in UCE. Customers of SigmaWeb may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of SigmaWeb SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, SigmaWeb will initiate an immediate investigation (within 48 hours of notification). During the investigation, SigmaWeb may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, SigmaWeb may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, SigmaWeb reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. SigmaWeb will notify law enforcement officials if the violation is believed to be a criminal offense.
7. Server abuse
Any attempts to undermine or cause harm to a SigmaWeb Web Hosting server or customer of SigmaWeb Web Hosting is strictly prohibited.
The guarantees in the SLA (Service Level Agreement) do not cover Outages caused by the following:
Client provided services or equipment or Client actions including but not limited to:
a) Client’s internal network and resources inside Client’s internal network, including without limitation firewall configuration and bandwidth shaping,
b) Client provided internet connectivity,
c) Client supplied Hardware,
d) Client initiated device over-utilization,
e) Non-compliant use of any software installed on the device by Client, or
f ) any interruptions, delays or failures caused by Client.
For the purposes of this exclusion Client includes Client’s employees, agents, subcontractors , third-party vendors and service providers.
Circumstances beyond SigmaWeb’s reasonable control, including- without limitation- war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, virus attacks, hacking, DDOS attacks, bandwidth-based attacks of any nature, service exploits, DNS issues or data loss.
SigmaWeb is not obligated to make backup copies of the data uploaded by You to the server.
At all times, you bear full risk of loss of any content and software you place on the servers. You are entirely responsible for maintaining the confidentiality of your password and account information. You acknowledge and agree that you are solely responsible for all acts, omissions and charges incurred with your account or password or in connection with the server or any of the content displayed, linked, transmitted through or stored on the server.
If you violate these terms of service and it results in damage to our servers or causes SigmaWeb Web Hosting any additional expense or legal fees you agree to compensate us in full for the amount of monetary damages multiplied by a factor of two (2) as determined by us.
SigmaWeb Web Hosting is in no way responsible for down time either resulting from a user’s actions, or natural fluctuations in internet consistency. SigmaWeb Web Hosting will however, do everything within it’s power to assure that each and every client site is up as consistently as possible.
You agree to indemnify and hold SigmaWeb Web Hosting, and its officers, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
12. Payments and Fees
SigmaWeb’s web hosting billing period is typically every 30 days (or annually if on the annual plan). Each account may be automatically debited each month for the total amount due (or annually), until email notice of cancellation is received and confirmed. If the credit card on file is declined for any reason or check/money order isn’t received, the customer will receive notification via email. Response to this email is required within 24 hours. In the event there is no response from the account holder the account will be suspended until payment is received. After the account has been suspended for 30 days it will be deleted. You agree that any chargeback action through your credit card company on your part will not release your of your debt. Any and all chargebacks will impose additional fees of $100.00 per chargeback plus collection, filing and legal costs.
Late Payments: Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a reconnect charge (individual hosting accounts). Dedicated servers service will be interrupted if payment not received until due date. Dedicated servers that are suspended are subject to a 49€ reconnection fee. Server cancellation should be announced 30 days before the end of current billing cycle. If you desire to cancel your server, please open a ticket with the word “cancellation” on the subject line.
Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
13. Miscellaneous Provisions
You must provide us with, and keep current, good contact information for you. E-mail, telephone and postal contacts are used, in that order of preference.
SigmaWeb cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by SigmaWeb are resold. Thus, certain equipment, routing, software, and programming used by SigmaWeb are not directly owned or written by SigmaWeb. Moreover, SigmaWeb holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as SigmaWeb sees fit.
15. Account Activation
By activating your account with SigmaWeb, you agree to the above policies and disclaimer. Upon requesting account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.
a. The SigmaWeb reserves all the rights of SigmaSHOP and may update, edit or even cancel the service, without prior notification
b. SigmaSHOP holders accept that the service is a renewable/subscription plan, and understand that late payments may lead to suspended plans.
c. SigmaSHOP consists of a e-commerce application and a hosting account. SigmaSHOP holders are responsible for the system resources they use, mainly for the protection of the shared hosting server. If the company detects any kind of violation to the server’s resources will take a zero tolerance. Any denial of solving the issues occurred by the holder may lead to severe penalties.
d. Free domain name (except to .tv) refers to an extra feature of all annual plans. Specifically, it refers to new registrations and not to domain transfers, renewals or renewals by transferred domains.
e. The Hosting account is strictly connected to the product and the holders accept that it can only be used for product’s purposes. In case of violation of this term, the company reserve the right to interrupt or even cancel the product.
f. SigmaWeb is exclusively in charge of making back up copies of the service and only SigmaWeb can restore back up. The service holder accept that SigmaWeb is not obligated to give File manager or back up access permissions through cPanel.
g. The company is not responsible of keeping back up copies of suspended products.
FURTHERMORE, SigmaWeb retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to increase any pricing, and make changes to our account plans without notification.
If your account is found to contain illegal activity, Illegal MP3 Files, Pirated software, hacker programs, Warez programs, or any other illegal files, your account will be terminated immediately without notice.