The use of services from SetupLink.com [hereafter referred to as "SetupLink"] constitutes agreement to these terms.

We will setup your account 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 @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with SetupLink, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. SetupLink is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account.

Transfers
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

1.) Content
All services provided by SetupLink may only be used for lawful purposes. The laws of the State of Maryland, the State of California, and the United States of America apply.

The customer agrees to indemnify and hold harmless SetupLink from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please us our contact form with the information required. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Sites hosted on SetupLink.com's service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. SetupLink.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like SetupLink.com and many of SetupLink.com's other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, SetupLink.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under SetupLink.com's webhosting service(s).

If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

2.) Security

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of 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. It is required that you 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/update your password.

3.) Spam Policy
SetupLink reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

4.) Payment Information
You agree to supply appropriate payment for the services received from SetupLink, in advance of the time period during which such services are provided. You agree that until and unless you notify SetupLink of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account's invoices are paid outside of the 10 day grace period, invoices will not be automatically generated. However, after the customer notifies SetupLink of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.

As a client of SetupLink, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify SetupLink of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by SetupLink. SetupLink reserves the right to bill your credit card or billing information on file with us. SetupLink provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to SetupLink for services rendered. Access to the account will not be restored until payment has been received.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact us.

SetupLink reserves the right to change the monthly payment amount and any other charges.

5.) Backups and Data Loss
SetupLink is not responsible for files and/or 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 SetupLink servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by SetupLink.

6.) Cancellations and Refunds
SetupLink reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Customers may cancel at any time. SetupLink gives you an unconditional 3 day money back guarantee on vps, shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

• Bank Wire Transfers
• Western Union Payments
• Checks
• Money orders

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.

Violations of the Terms of Service will waive the refund policy.

7.) Resource Usage

User may not:
1) Overuse resources or negatively impact other clients on the server.
2) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
3) 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.
5) Participate in any file-sharing/peer-to-peer activities
6) Overuse server and limit service to other clients.
7) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

8.) Bandwidth Usage
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.

9.) Money back Guarantee

Each of SetupLink's managed shared, VPS, and reseller servers carry a 3 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 3 days of your service activation, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

SetupLink will not activate new orders or activate new packages for customers who have an outstanding balance with SetupLink. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by SetupLink in writing.

10.) Reseller and VPS: Client Responsibility
Resellers and VPS Clients are responsible for supporting their users. Resellers & VPS Clients are also responsible for all content stored or transmitted under their account and the actions of their clients'. SetupLink will hold any VPS or reseller responsible for any of their clients' actions that violate the law or the terms of service. VPS servers are not backed up. You must maintain your own backups or talk to our support about managed backup solutions around the world.

11.) Shared (non-reseller accounts)
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.

12.) Price Change
We reserve the right to change prices listed on SetupLink.com, and the right to increase the amount of resources given to plans at any time.

13.) Coupons
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

14.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold SetupLink harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against SetupLink, 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 SetupLink against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with SetupLink; (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 SetupLink's server.

15.) Arbitration By using any SetupLink services, you agree to submit to binding arbitration. If any disputes or claims arise against SetupLink or its subsidiaries, such disputes will be handled by an arbitrator of SetupLink's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

16.) Disclaimer
SetupLink shall not be responsible for any damages your business may suffer. SetupLink makes no warranties of any kind, expressed or implied for services we provide. SetupLink 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 SetupLink and its employees.

18.) Changes to the TOS
SetupLink reserves the right to revise its policies at any time without notice.