These Terms of Service (the “Agreement”) are an agreement between CallCenterHosting (“CallCenterHosting” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services provided by CallCenterHosting under the name of CallCenterHosting and of the callcenterhosting.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
1. Additional Policies and Agreements
2. Account Eligibility
- By registering for or using the Services, you represent and warrant that:
- You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
- If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
- It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from email you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any hosting accounts is accurate, correct and complete at all times. CallCenterHosting is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the CallCenterHosting Billing and Support Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account.
- You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
- Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
3. CallCenterHosting Content
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “CallCenterHosting Content”), are the proprietary property of CallCenterHosting. CallCenterHosting Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any CallCenterHosting Content. Any use of CallCenterHosting Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any CallCenterHosting Content. All rights to use CallCenterHosting Content that are not expressly granted in this Agreement are reserved by CallCenterHosting.
4. User Content
- You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your software hosted through the Services (“User Software”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Software. By posting or distributing User Content on or through the Services, you represent and warrant to CallCenterHosting that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party. Solely for purposes of providing the Services, you hereby grant to CallCenterHosting a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Software. Except for the rights expressly granted herein, CallCenterHosting does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
B. CallCenterHosting exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through CallCenterHosting ‘s computers, network hubs and points of presence or the Internet. CallCenterHosting does not monitor User Content. However, you acknowledge and agree that CallCenterHosting may, but is not obligated to, immediately take any corrective action in CallCenterHosting ‘s sole discretion, including without limitation removal of all or a portion of the User Content or User Software, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that CallCenterHosting shall have no liability due to any corrective action that CallCenterHosting may take.
5. Third Party Products and Services
- Third Party Providers CallCenterHosting may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing. CallCenterHosting does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. CallCenterHosting is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
B. Third Party Websites The Services may contain links to other websites that are not owned or controlled by CallCenterHosting (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
6. Account Security and CallCenterHosting Systems.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
The Services, including all related equipment, networks and network devices are provided only for authorized customer use. CallCenterHosting may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. CallCenterHosting may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by CallCenterHosting of an issue, we reserve the right to leave access to services disabled.
CallCenterHosting reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
7. Compatibility with the Services
- You agree to cooperate fully with CallCenterHosting in connection with CallCenterHosting ‘s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, CallCenterHosting is not responsible for any delays due to your failure to timely perform your obligations.
B. You are solely responsible for ensuring that all User Content and User Software are compatible with the hardware and software used by CallCenterHosting to provide the Services, which may be changed by CallCenterHosting from time to time in our sole discretion.
C. You are solely responsible for backing-up all User Content, including but not limited to, any User Software. CallCenterHosting does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
8. Billing and Payment Information
Autorenewal Unless otherwise provided, you agree that until and unless you notify CallCenterHosting of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Taxes Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to CallCenterHosting’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
Late Payment All invoices must be paid within ten (6) days of the invoice due date. Any invoice that is outstanding for more than ten (6) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, CallCenterHosting may suspend or terminate your account and pursue the collection costs incurred by CallCenterHosting, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. CallCenterHosting will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Domain Payments It is solely your responsibility to notify CallCenterHosting ‘s Billing department via a support ticket created from http://support.CallCenterHosting.com after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and CallCenterHosting is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal.
Fraud You have ninety (60) days to dispute any charge or payment processed by CallCenterHosting.com. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
Invoice Disputes It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. CallCenterHosting may report any such misuse or fraudulent use, as determined in CallCenterHosting ‘s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
Payment Card Industry Security Standard Disclaimer. CallCenterHosting complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. CallCenterHosting does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
9. Cancellations and Refunds
- Payment Method. No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
- Refund Eligibility. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
- Cancellation Process. You may terminate or cancel the Services by giving CallCenterHosting written notice via e-mail. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) CallCenterHosting may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
- Foreign Currencies. Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and CallCenterHosting is not responsible for any change in exchange rates between the time of payment and the time of refund.
- Termination CallCenterHosting may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm CallCenterHosting or others or cause CallCenterHosting or others to incur liability, as determined by CallCenterHosting in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, CallCenterHosting shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, CallCenterHosting may charge you for all fees due for the Services for the remaining portion of the then current term. UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
10. Uptime Guarantee.
If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of CallCenterHosting and may be dependent upon the 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 and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit http://support.CallCenterHosting.com to create a support ticket to our Billing department with justification [within thirty (30) days of the end of the month for which you are requesting a credit]. Uptime guarantees only apply to shared and 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.
11. Reseller Terms and Client Responsibility
Resellers shall ensure that each of their clients complies with this Agreement.
Resellers are responsible for supporting their clients. CallCenterHosting does not provide support to clients of CallCenterHosting ‘s resellers. If a reseller’s client contacts CallCenterHosting, CallCenterHosting reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller’s client. All support requests must be made by the reseller on its client’s behalf for security purposes.
Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. CallCenterHosting will hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.
CallCenterHosting is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify CallCenterHosting from and against any and all claims made by any User arising from the reseller’s acts or omissions.
CallCenterHosting reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by CallCenterHosting.
Resellers in the CallCenterHosting Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.
12. Price Change
CallCenterHosting reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by CallCenterHosting through the user billing tool or through other methods of communication, including notices sent or posted by CallCenterHosting.
You agree to indemnify, defend and hold harmless CallCenterHosting, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
14. Backups and Data Loss
Your use of the Services is at your sole risk. CallCenterHosting ‘s backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at CallCenterHosting ‘s sole discretion. CallCenterHosting does not maintain backups of dedicated accounts. CallCenterHosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on CallCenterHosting’s servers.
15. Limited Warranty
The services provided under this agreement are provided on an “as is” and “as available basis.” except as expressly provided in this section, CallCenterHosting and our affiliates, employees, agents, suppliers and licensors disclaim all warranties of any kind, including but not limited to implied warranties of merchantability or fitness for a particular purpose, or non-infringement, for the services provided hereunder. CallCenterHosting and our affiliates, employees, agents, suppliers and licensors make no representations or warranties (i) that the services will be uninterrupted, error free or completely secure; (ii) as to the results that may be obtained from the use of the services; or (iii) as to the accuracy, reliability or content of any information provided through the services. CallCenterHosting and our affiliates, employees, agents, suppliers and licensors are not liable, and expressly disclaims any liability, for the content of any data transferred either to or from users or stored by users on or through the services. the terms of this section shall survive any termination of this agreement.
16. Disclosure to Law Enforcement
CallCenterHosting may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
17. Entire Agreement.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.