These Terms of Service (the "Agreement" or "TOS") are an agreement between CheddarHost.com,("CheddarHost", "us", "our", or the “Company”) and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by CheddarHost and of the CheddarHost.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.

Prohibited Uses

The following activities on our web servers are prohibited.  CheddarHost reserves the right to suspend or terminate any account found to be conducting any of the activities outlined below without warning:

• ADULT MATERIAL - The definition of "adult material" is under our complete discretion and loosely includes all pornography, lewd or obscene content or erotic images.
• BITTORRENT - Any torrenting activities are prohibited on our servers.
• COPYRIGHTED OR ILLEGAL CONTENT - No copyrighted content (text, ebooks, audio, video, etc) can be stored for distribution on our servers.
• FRAUD - Activities related to committing fraud of any kind are not permitted.
• HATE MATERIAL - This includes any discriminatory, racist, hate-oriented content
• MLM - No Multi-Level-Marketing websites, pyramid schemes or chain letter activity is permitted on our servers.
• PHISHING - Illegally collecting the personal information of others is not allowed.
• SPAM - Any activities where mass emails are sent from our servers, which can cause the server IPs to be blacklisted or to cause loads on server resources that affect the servers negatively.
• WAREZ - Any content or activity associated with pirated software, "nulled" software, cracked plugins, emulators, ROMs, etc are not allowed.

Activities Warranting Non-Refundable Account Termination:

CheddarHost reserves the right to suspend or terminate any account found to be conducting any of the activities outlined below without warning:

• POOR SECURITY - You are expected to always use good security practices to prevent hackers attacks or DDOS attacks.  Use strong passwords and uncommon usernames for your website logins.  Use a security plugin on all your websites.  Accounts with websites that are regularly getting hacked may be terminated.
• EXCESSIVE USE OF SERVER RESOURCES - Usually excessive use of CPU or MYSQL due to poorly made plugins or themes.  All web hosting plans offered by CheddarHost have storage and bandwidth limits.  CheddarHost reserves the right to suspend or terminate accounts which exceed the limits of their plans.  Customers may be asked to make adjustments in order to prevent exceeding the limits of their plans any further, or customers may be asked to upgrade to continue using the Service.
• ABUSIVE BEHAVIOUR - This includes abusing any of the server resources or not being kind to staff at CheddarHost.

Account Security

• You are responsible for ensuring that scripts/programs installed under your account are secure and permissions of directories are set properly.
• Secure passwords are required and you are responsible for keeping them confidential and secure.
• You are responsible for all activities that occur under your password or account.
• You agree to (a) immediately notify CheddarHost of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. CheddarHost cannot and will not be liable for any loss or damage arising from your failure to comply with this section regarding Account Security

Member Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted ("Content"), are the sole responsibility of the person from whom such Content originated. This means that you, and not CheddarHost, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. CheddarHost does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will CheddarHost be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

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; harm minors in any way;
• impersonate any person or entity, including, but not limited to, a CheddarHost official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights ("Rights") of any party;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising or promotional materials, except in those areas (such as shopping) that are designated for such purpose; in no event, however, is junk mail, spam, chain letters, pyramid or Ponzi schemes, or the like allowed;
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• intentionally or unintentionally violate any applicable local, state, provincial, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law;
• provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated as a foreign terrorist organization;
• stalk" or otherwise harass another; and/or
• "collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.

You acknowledge that CheddarHost may or may not pre-screen Content, but that CheddarHost and its designees shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, CheddarHost and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, including without limitation information in message boards and in all other parts of the Service.

You acknowledge, consent, and agree that CheddarHost may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:(a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of CheddarHost, its principals, employees, associates, affiliates, users, and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by CheddarHost and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

Refund Policy

CheddarHost offers a 30-day full money back guarantee.  Refunds are only applicable to new customers within the first 30 days of their first payment.  Refunds cannot be given to monthly payments after the first monthly payment.  New customers that pay annually may be refunded the entire year's amount within the first 30 days of their payment.  After the first 30 days have past, no retroactive or partial refunds will be given.  If purchasing additional services, downgrading or upgrading, the refund will only be considered for the first service that you have with us.  In short, a refund is only considered for the first 30 days of becoming a new customer. If you would like to request a refund, please open a support ticket in your customer dashboard

International Data Transmission

By using the Service, you acknowledge that any data or content used within the Services may be transmitted internationally due to the nature of CheddarHost's network architecture, Content Delivery Network arrangement, business practices and the nature of electronic communications, regardless of where one is physically located at the time of transmission.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data.

Indemnity

You agree to indemnify and hold CheddarHost and its Affiliate Companies, and their officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

Disclaimer Of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHEDDARHOST, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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.
• CHEDDARHOST AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS, MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHEDDARHOST OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
• A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHEDDARHOST, AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH LOSSES ARE REASONABLY FORESEEABLE OR CHEDDARHOST HAS ACTUAL NOTICE OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

No Resale Of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service (including your membership ID), use of the Service, or access to the Service.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in this TOS, there will be no third-party beneficiaries to this agreement.

Modifications To Service

CheddarHost reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CheddarHost shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service for any reason.

Termination

You agree that CheddarHost may, in its sole discretion and without prior notice, immediately terminate your account, deny access to any and all associated Content entered by you or related parties, and deny access to the Service for reasons that include, but are not limited to: (a) breaches or violations of the TOS or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that CheddarHost shall not be liable to you or any third party for any such termination of your account, any associated email address, or access to the Service. Please bear in mind that if you choose to restore your website(s) after your account has been terminated (due to non-payment), you will need to pay your pending invoice. Once an account is terminated, there is a flat restore fee of 50$ for any hosting service of CheddarHost.

Links

The Service may provide, or third parties may provide, links to other websites or resources. Because CheddarHost has no control over such sites and resources, you acknowledge and agree that CheddarHost is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CheddarHost shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as otherwise provided or expressly authorized by CheddarHost, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.

Information Collected and Stored Automatically

If you browse through the website, read pages, or download information, we may gather and store certain non-personal information about your visit automatically. We automatically collect and store only the following information about your visit:

• The Internet domain (for example, "xcompany.com" if you use a private Internet access account, or "yourschool.edu" if you connect from a university's domain) and IP address (an IP address is a number that is automatically assigned to your computer whenever you are surfing the Web) from which you access our website;
• The type of browser and operating system used to access our site
• The date and time you access our site
• The pages you visit; and if you linked to CheddarHost from another website, the address of that website.

We use this information to help us make our site more useful to visitors - to learn about the number of visitors to our site and the types of technology our visitors are using. We do not track or record information about individuals and their visits.

Personal Information

If you choose to provide us with personal information, as in an e-mail, by filling out a form with your personal information and submitting it to us through our website, or other method, we use that information to respond to your message and to help us locate for you, the information you have requested. In the case of an order submission, that information is kept and held in a secure billing database for access by authorized personnel and is utilized for billing purposes which may include collection and the release of said information to approved collection facility or 3rd party collection company. Your information is not shared with any other parties other then CheddarHost and its employees, agents or partners if required unless otherwise specified or required by law.

Employee/Representative Accountability

Only those CheddarHost representatives that have a legitimate business purpose for accessing and handling personal information obtained by us are given authorization to do so. The unauthorized access or use of such information by a CheddarHost representative is prohibited and constitutes grounds for disciplinary action which may escalate to termination.

Use of Cookies

A cookie is a series of data characters that, when programmed into a web site, is placed by the web server into the browser's application folder on your computer. Once placed onto your machine, the cookie will allow the web site to "recognize" you as a unique individual.

Cookies may be used as a part of our affiliation program to log the referrer source. This affiliation number is recorded and submitted to us via website submit forms and itss contents are for the sole use by CheddarHost to credit those affiliates whom referred you to us.

Cookies can be removed from your hard drive. Also, depending on what type of web browser and what browser version you are using, you may be able to change the properties on your cookie file so that cookies are not used or saved. Please check with your browser provider for more information on removing cookies. Affiliates and users beware, the removal of the cookie will discard the affiliate number and credit will not be given to the referring affiliate.