Important Legal Agreements
This Service Agreement governs the use of TongoHost’s web hosting service. Violation of this Service Agreement may lead to the suspension or termination of service.
The following is the entire Service Agreement between TongoHost and the personal or corporate account owner. TongoHost provides web hosting and domain register services. TongoHost has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. TongoHost reserves the rights to suspend or cancel a customer’s access to any or all services provided by TongoHost when we decide that the account has been inappropriately used.
What is Appropriate Usage?
TongoHost can serve the web hosting needs of different kinds of businesses. TongoHost also offers shared web hosting service, which means that a number of customers’ web sites and other email or storage services are hosted from the same server. TongoHost uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers’ sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.
User may not:
1.Use 15% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP scripts, HTTP, etc.
2.Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3.Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4.Run any software that interfaces with an IRC (Internet Relay Chat) network.
5.Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6.Participate in any file-sharing/peer-to-peer activities
7.Run any gaming servers such as Counter Strike, Half-Life, Battle Field, etc…
8.Run cron entries with intervals of less than 15 minutes.
9.Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10.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”)
You do not have to worry about any storage limit if you use our services consistently with the Terms of Service. TongoHost will increase your space along with your appropriate small business needs, but our abuse controls may impact the rate of growth or your folder size, and there may be a short delay while we assess your usage. In some cases, creating additional folders or subfolders will help ensure that the system works well for everyone. You will always be allowed to use as much disk space is applied to your account.
Fair Usage of Unlimited plans are very generous such that most clients will not be affected by the policy. This prevents a single client from overcrowding or over loading your server and will be for the benefit of you and your clients.
You may have noticed some of our accounts come with unlimited email accounts, sub-domains, FTP accounts and in some cases domains. This is subject to how much disk space your account has. So you can create as many emails, sub-domains as you want as long as it’s within your disk space limit.
You may not publish or transmit via TongoHost’s service any content thatTongoHost reasonably believes:
– IRCD (irc servers)
– IRC Scripts/Bots
– Pirated Software/Nulled Scripts/Warez
– Child pornography
– IP Scanners
– Bruteforce Programs/Scripts/Applications
– Mail Bombers/spam Scripts
– High-Yield Interest Programs (HYIP) or Related Sites
– Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
– Sale of any controlled substance without prior proof of appropriate permit(s)
– Prime Banks Programs
– Lottery/Gambling Sites
– Hacker focused sites/archives/programs
– Sites promoting illegal activities
– Forums and/or websites that distribute or link to warez/pirated/illegal content
– Bank Debentures/Bank Debenture Trading Programs
– Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
– Bulk Email Scripts
– Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
Bulk Comercial Email
Bulk commercial email, mailing lists and email reflectors are allowed on TongoHost’s servers, we do however allow a maximum of 100 – 1200 emails per hour per account. For any emails sent from your TongoHost account you must adhere to the following rules:
a) Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
b) Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
c) You otherwise comply with the CAN SPAM Act and other applicable law.
d) You may not obscure the source of your e-mail in any manner.
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your TongoHost’s services.
Material Protected by Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
a) you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner.
b) you are otherwise permitted by established United States copyright law to copy the work in that manner.
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.
You may not engage in illegal, abusive, or irresponsible behavior, including:
a) Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to TongoHost and its customers) without express authorization of the owner of the system or network;
b) Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
c) monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
d) Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
e) Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting;
f) Use of TongoHost’s network in a way that unreasonably interferes with TongoHost’s other customers use of the network;
g) Any conduct that is likely to result in retaliation against the TongoHost network.
At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable).
We accept Visa, Master Card, American Express, Discover Card. For webhosting plans we will setup your account without any paying. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.
All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 5 days after deactivation, your account will be suspended. If you will not pay for service renew in 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 days till deactivation.
Limitation of Liability
TongoHost shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from TongoHost servers going off-line or being unavailable for any reason whatsoever. Furthermore, TongoHost shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of TongoHost servers. All damages shall be limited to the immediate termination of service.
TongoHost 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 TongoHost are resold. Thus, certain equipment, routing, software, and programming used by TongoHost are not directly owned or written by TongoHost. Moreover, TongoHost 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 TongoHost sees fit. FURTHERMORE, TongoHost retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
You must have valid and current information on file with your domain name registrar for any domain hosted on the TongoHost network.