These pages make up the legal notifications of our company. If these terms change, you will be notified through your billing account of those specific changes to the policies we intend to ammend.
BY SIGNING UP FOR AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OR PRODUCTS OFFERED BY StrikeHawk eCommerce, Inc. YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS &CONDITIONS SUPERSEDE ALL EARLIER VERSIONS AND REQUIRE MANDATORY ARBITATION OF DISPUTES. Please read these terms and conditions carefully, as they describe your legal rights and obligations. This agreement shall become effective as of the date of (1) your electronic signature on or acceptance of this agreement, (2) the activation of your account or (3) your receipt of an e-mail from 1&1 confirming your order, whichever happens first.
We will setup your account within 24 hours after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not at the domain(s) you are signing up under.
We require a valid credit card to be stored with encryption. You may choose any of our gateway payment services to pay regularly.
All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography.
Examples of unacceptable material:
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 without notice.
We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion.
You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify Strikehawk eCommerce, Inc.™ of your desire to cancel any or all services received, those services will be billed on a recurring basis. Invoices are normally generated on the 26th of each month and become due seven days, later. Seven days is your grace period to make full payment on the amount due. You will be sent email notifications and reminders before and after the due date. Failure to make a timely payment will result in a late payment fee of 08% of the amount due. ANY account falling 30 days past due WILL be forwarded to a collection agency service for legal remedies. This MAY affect your credit profile held at various credit bureaus. Notify our billing department right away if you face financial difficulties. Every effort will be reviewed in your favor, provided you do not have a history of violating these terms.
Your use of the service is at your sole risk. We are not responsible for files and 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 our servers.
We reserve the right to cancel the account at any time.
Customers may cancel at any time. We give you an unconditional 30 day money back guarantee on managed shared hosting. Refund requests after 30 days will be refunded on a prorated basis of any unused time.
Login to our billing control panel and click your product and services link. Click the action icon on the far right. At the bottom is a cancellation link. You may select immediate or end of billing cycle.
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, you will not be eligible for a refund or if you have opened a second account with us.
In the event of cancellation or termination, any due balances that are left unpaid will be charged to the credit card on file and you agree to authorize StrikeHawk eCommerce Inc. to collect those funds. If we cannot collect the debt, your account will be turned over to a collection agency which may negatively affect your credit rating.
Users may not initiate the following:
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.
StrikeHawk eCommerce Inc. shall warrant hosting and services according to the Terms of Use and Acceptable Policies. In the event of national disaster, acts of God, civil disorder, service outages from upstream data providers, StrikeHawk eCommerce Inc. shall be held blameless. 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.
We reserve the right to change the monthly payment amount and any other charges including the right to increase/decrease the amount of resources given to plans at any time to maintain par excellence 60 days from posting the announcement in our billing system.
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, 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 any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (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 StrikeHawk eCommerce, Inc. servers.
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We 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 us and our employees.
We reserve the right to revise these policies at any time without notice.
Last Policy Update:24 Dec 2009
We recognize your needs for privacy and respect them. This site uses cookies for account management. Portions of the site may use cookies for the purpose of tracking visitor activity on the site and improving the effectiveness of our services and our business offerings. Such data is collected in aggregate, with no effort to collect specific identifying data. It is our policy that specific personal data will not be collected unless the means used to gather it is openly presented to you in a form clearly identified to you such as a survey, questionaire or a form used to collect data necessary to the conduct of business operations such as an account registration or service agreement.
Data collected by us may only be used for lawful purposes. This means that data in our possession will be supplied to law enforcement agencies and officials as needed and warranted to be used in the conduct of their official duties. It means that when we collect research data in cooperation with The Open Source Commerce University , osCommerce Resources or other education, journalistic or research organizations we will provide data only when it is collected in an ethical manner - either in blind aggregate form or openly collected with your willing cooperation. We will not help others violate your privacy. Period.
We also take a zero tolerance stance against violations of privacy . While we are not law enforcement officials, we recognize our responsibilities as members of a global community. The responsibilities that come with being a good neighbor. We reserve the right to take active measures to promote privacy protection whenever necessary.
As merchants, you have responsibilities to maintain the privacy of payment information tendered to you in the course of your daily operations. We provide services designed to help you meet these requirements. Protections against Brute Force, Injection and other forms of attack on your site are in place and it is our policy to maintain them as our top priority. As eCommerce service providers, we have a greater need than other types of hosting providers to require your participation in maintaining these protections. We will not hesitate to do so. Where additional measures may help, but would exceed the normal cost of hosting operations they will be made available as service add ons. You are encouraged to use these services.
We reserve the right to change the monthly payment amount and any other charges at anytime.
Your use of the service is at your sole risk. We are not responsible for files and 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 our servers..
COPYRIGHT COMPLAINTS AND DESIGNATED COPYRIGHT AGENT THIS NOTICE IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WHETHER FOR CHANGES IN THE LAW OR AT THE CONVENIENCE OF StrikeHawk eCommerce Inc., WITHOUT ADVANCE NOTICE. YOU MUST CHECK BACK FREQUENTLY TO ENSURE THAT YOU SEE A CORRECT, CURRENT VERSION OF THE NOTICE. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or its authorized agent ("Complainant") may submit a notification alleging copyright infringement to StrikeHawk eCommerce Inc. Designated Copyright Agent if Complainant has a good-faith belief that its works are being infringed by material subject to StrikeHawk eCommerce Inc. control.
To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
StrikeHawk eCommerce Inc. will investigate proper notifications sent, please review the steps below:
Or Fax To: Facsimile: +1 (866) 219-8559 Attn: StrikeHawk eCommerce Inc. Legal Support, DMCA Complaints
The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question. To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf. To expedite our ability to process your counter notification, please use the following format (including section numbers):
OR fax to: +1 (866) 219-8559 Attn: StrikeHawk eCommerce Inc. Legal Support, DMCA Counter Notification
CRE Loaded is a trademark of Chain Reaction Works, Inc. Neither StrikeHawk Hosting or Hosting-4-creloaded.com are owned by this firm. CRE Loaded is used in a nominative sense in accordance with fair use provisions of the Lanham Act and the First Amendment only.
AMD, Intel, CentOS, cPanel, Virtuozzo, osCommerce, Magento and other trademarks are owned by their respective companies.
StrikeHawk eCommerce and the StrikeHawk eCommerce, Inc. Logo are trademarks of StrikeHawk eCommerce Inc. Permission to use our emblem is permitted as long as it remains unmodified and trademark restrictions are respected.
The usage of the StrikeHawk eCommerce, Inc. name must use the correct casing of the letters forming the name. "StrikeHawk eCommerce, Inc." is being used correctly where "Strikehawk Ecommerce", "Strikehawk E-Commerce", and "Strike Hawk E-Commerce" are incorrect. The usage of the StrikeHawk eCommerce name is not allowed to be used in conjunction with product names and service titles.