Terms of Service
“Culturalbilty | Web Hosting” is a part of Culturalbility, LLC 天津文化力信息技术咨询有限公司, a tech company from Minneapolis, Minnesota, USA, with offices in Tianjin, China – helping you adjust to life overseas and helping your business adjust your online presence overseas.
Our terms of service are designed to be read by the average Joe, not by some high-priced lawyer. Please read this page carefully prior to ordering services from us, and make sure you understand what it says. It’s a binding contract between Culturalbility, LLC and you. If you have any questions about what you see on this page, please feel free to contact us at [email protected] or call +1 763 515 2641.
SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN YOU AND US, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING OUR ACCEPTABLE USE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
The Services We Provide
In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process. For clarity, on this page, the term “services” refers to the web hosting services that we will provide to you and, if you are an Affiliate, the services we provide to you in connection with that program.
Culturalbility, LLC may provide one free year of web hosting when you also hire us to develop and design your website for you. The regular hosting fee will apply on your account’s one year anniversary.
Permission to Host Your Content
For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.
When the Services Will be Available
We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service. However, as a customer of Culturalbility, LLC, you have our promise of a 99.9% monthly uptime guarantee. The uptime guarantee excludes scheduled maintenance, server upgrades, or any customer caused server downtime including site suspension for CPU and memory overages. If you feel that Culturalbility, LLC has failed to deliver 99.9% uptime for your paid month of hosting, then you must contact us directly by email or in writing before compensation will be issued. If the downtime results in compensation, it will be credited to your next bill and will not exceed the amount you had paid for that month of hosting – which excludes domain registrations and other add-on services.
Personal Information
When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. We take your privacy very seriously, and as such, will not sell your personal information to third party, and will take reasonable steps to keep it from being disclosed to any third party. Read more in our Privacy Policy, below.
Cancellation
We offer a 30 day money back guarantee. If you cancel your account within 30 days of first signing up, we will provide you with a full refund excluding any setup fees that were charged when you signed up, and excluding domain registration fees. The only way to cancel your account is by submitting information through our cancellation form.
If we register a domain name for you as part of your hosting package with us, and you decide that you want to cancel your account, we will deduct the cost of the domain name from the money we refund you. We charge $11.99 per year for domain registration. If you cancel your account after the first 30 days have passed, or after your account is renewed then unfortunately we will not be able to issue any refunds. Please note: upgrades to hosting service, domain registration and transfer and SSL certificates are non-refundable. Culturalbility, LLC also reserves the right to cancel your account with 72 hours notice should an event occur in which proper evidence exists that a customer was exceptionally rude or vulgar in communications with our staff.
Automatic Renewal
When you sign up, your Culturalbility, LLC account will be enabled with autorenewal, which means that when your renewal date arrives, your hosting plan and domain will be renewed. When it is time for renewal, the credit card you have on file with us will also be charged. If you wish to not have this happen, and you would not like to renew your account, you must cancel before your renewal date. If you have any questions as to when your renewal date is, simply login to your account, or give us a call. If you fail to cancel before your renewal date, your account will be renewed for a new term, so please be sure to fill out the cancellation form located above if you do not want to renew. The renewal fee will become non-refundable as soon as it is charged. Your account renew dates are always listed in your account.
If more than 5 days pass from the date on which any invoice for the hosting services is due and we have not received payment in full, we will suspend your account, which means that your data and website will not be available. If in the following 30 days after suspension you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again. If, however, 30 days pass from the date on which your account is suspended and you have not made payment in full, Culturalbility, LLC shall have the right to delete all data you have uploaded to the servers.You hereby acknowledge that this is Culturalbility, LLC’s policy when it comes to data retention, and waive all rights in and to your data in these situations.
Acceptable Use/Illegal Activity
Culturalbility, LLC strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:
- Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card “phishing” techniques are also prohibited.
- Hosting of files or other data that infringes on another’s copyright or other intellectual property rights.
- Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
- Uploading or linking to any content that violates another’s right of publicity or privacy.
- Distributing hate speech, or any other content that is obscene, abusing, which could be considered libellous and defamatory.
- Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
- Shared Hosting Packages are not to be used as a backup service. All stored files that reside on your account must be directly related to your web site. Archiving MP3, video, images or backups is prohibited on shared hosting packages.
- Hosting, storing, or distributing pornographic material. This includes sites that may provide links to adult content elsewhere. In addition, our servers and services may not be used for the propagation, distribution, housing, processing, storing or otherwise handling in any way lewd or obscene materials.
- Content Delivery Network (CDN) streaming.
Disproportionate loads placed on the server.
The use of your account must be reasonable and you may not place excessive burdens on our servers. While our shared services are suitable for the bulk of our customers, there comes a time that your website(s) are better suited for a larger hosting package, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that uses a high amount of server resources (such as, but not limited to, CPU Time, Memory Usage, and Network Resources). At our election, you will be given an option of either upgrading the service level or reducing the resource usage to an acceptable level, otherwise we reserve the right to limit your use of our servers or take your site offline. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
Backups
Culturalbility, LLC cannot guarantee that the contents of a Website will never be deleted or corrupted, or that a backup of a Website will always be available, accurate or complete.
You shall have sole responsibility for undertaking measures to maintain independent archival and backup copies of your content, and for checking the accuracy of your Website hosted by Culturalbility, LLC from time to time.
We have the right, but not the obligation, to make backup copies of the data you upload to our Culturalbility, LLC servers.
Culturalbility, LLC does store on a temporary basis backups which are intended for our disaster recovery.
Special Pricing Notice
All Culturalbility, LLC web hosting accounts have a minimum twelve month billing cycle. Account Setup is free. Current offer valid for the lifetime of the account and for initial purchase only, no other promotion is valid in conjunction with this offer. Unless otherwise stated all promotions are valid for the first term only.
Website Security
Culturalbility.com utilizes advanced, industry standard, tools and protocols to keep our servers secure and to mitigate potential threats. These tools cannot secure against all possible threats however. Because of this, it is customer’s sole and exclusive responsibility to determine if the security measures Culturalbility, LLC employs are appropriate for their needs. In particular, customers must ensure that scripts, applications, or programs used in conjunction with their website/account are secure and up to date.
This includes, but is not limited to, updating scripts, applications, or programs to the latest secure version available; maintaining and updating of passwords or other login credentials on an ongoing basis to ensure the security of their site and the security of other users on the server. Any scripts, applications, or programs available via the control panel interface are solely the customer’s responsibility to update and secure.
Culturalbility, LLC will not be liable for loss or damages of any kind, under any legal theory, caused by the customers failure to comply with the foregoing security obligations or caused by any person to whom the customer grants access to the services we provide.
Customers agree to notify culturalb.sg-host.com no later than thirty minutes of their discovery of any unauthorized uses of their services or any other breaches of security, and to cooperate fully, at Customer’s expense, with any investigation and mitigation activities we deem necessary.
ICANN Accreditation
Included is a link to documentation that summarizes registrant rights and responsibilities that arise within ICANN Consensus Policies and specifications, as those policies and specifications are incorporated into the Registrar Accreditation Agreement or the RAA. You can visithttp://www.icann.org/en/resources/registrars/registrant-rights/educational
for more information regarding ICANN, as well as visiting this link to view more about registrant benefits and responsibilities to your site.http://www.icann.org/en/resources/registrars/registrant-rights/benefits.
These Terms of Service May Change
Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.
DMCA Copyright Infringement Information
In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our agent for notice of claims of copyright infringement can be reached as follows:
By mail:
Management
c/o Culturalbility, LLC
PO BOx 382
Minneapolis, MN 55316
By phone: +1 763 515 2641
By email: [email protected]
Indemnification
If Culturalbility, LLC is sued or threatened with a lawsuit from a third party because of something you do with the services, you agree to pick up the tab if Culturalbility, LLC is found liable or pays to settle the dispute. In legal terms, this is called “indemnification.” Not only do you agree to reimburse Culturalbility, LLC for what it pays to satisfy a judgment or settle a case, you also agree to pay Culturalbility, LLC’s reasonable attorney’s fees and all other costs Culturalbility, LLC incurs in defending itself.
Disclaimer of Warranties
You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. Culturalbility, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Culturalbility, LLC MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Culturalbility, LLC DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
Limitation of Liability
Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, Culturalbility, LLC cannot be held liable for it. IN NO EVENT SHALL Culturalbility, LLC BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Culturalbility, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of Culturalbility, LLC due to your enrollment in the affiliate program,
Governing Law and Choice of Form
The laws of United States and the state of Minnesota will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Hennepin County, Minnesota.
This agreement becomes effective once you submit your order with us or open an account with us for web hosting services provided therein. If you are an existing customer, and you do not agree with the terms herein, please cancel your account. Otherwise, if you sign up for or continue to use the services, you agree to what is written here. If you have any questions regarding these terms of service, feel free to call us for clarification.
By using Culturalbility, LLC’s Web Hosting services, you agree to the above terms of service.