We want all of our customers to enjoy high reliability, fast, easy to use websites. That is why this document exists. It protects you, our client, from having other clients take too many resources. We have excellent relationships with our clients, so most of these terms will never even be necessary. It’s here to protect us, as well. Therefore, use of services from Circle Tree, LLC and it’s company portal & related services, myCircleTree.com constitutes agreement to these terms of service (TOS).
Account Setup / Email on file
We will setup your account after we have received payment and our payment partner(s) have screened the order(s) in case of fraud. It is the responsibility of the customer to provide us with an email address which is not hosted on the domain(s) that 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. Providing false contact information of any kind may result in the termination of your account.
All services provided by Circle Tree, LLC may only be used for lawful purposes. The laws of the State of Florida, and the United States of America apply to all hosting accounts. The customer agrees to indemnify and hold harmless Circle Tree, LLC 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, movies, 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 service. If you believe that your copyright or trademark is being infringed upon, please contact us with the page that you believe to be infringing, and your contact information.
Examples of unacceptable material on our Web Hosting Accounts includes:
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers/TORR network
- Any Pirated Software/Warez
- Image Hosting Scripts (similar to Flickr)
- Internet Protocol Scanners
- Password Brute force Programs/Scripts/Applications
- Mail Spam Scripts
- Sites promoting illegal activities
- Commercial Banner-Ad rotation services
- File Mirror Scripts (similar to rapidshare)
- More than 1-2 commercial audio streams
- Hateful/Racist/Harassment oriented sites
- Hacker focused sites/archives/programs
- Forums and/or websites that distribute and/or link to warez/pirated/illegal content
- Fraudulent/Phishing Sites
Circle Tree, LLC services, including all related equipment, networks and network devices are provided only for authorized customer use. Circle Tree, LLC systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, 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. Use of Circle Tree, LLC system(s) constitutes consent to monitoring for these purposes.
We reserve the right to refuse service to anyone. Any material that, in our judgment, violates our terms of service in any manner, will be removed from our servers (or disabled), with or without notice.
If in doubt regarding the acceptability of your site or service, please contact us and we will be more than happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice, and violations will be reported to the appropriate law enforcement agency.
It is your responsibility to keep your password secure – if you believe that your account may have been breached – please contact us immediately with the account holder’s name, last 4 digits of the credit card on file, and a phone number to contact you.
Zero Tolerance Spam Policy
Circle Tree, LLC 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. Circle Tree, LLC reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Circle Tree, LLC.
The only email marketing activities allowed under this TOS are those compliant with the CAN-SPAM Act. We strongly encourage you to familiarize yourself with this act before engaging in any email marketing activities using our services. Please note that activities permitted under the CAN-SPAM Act can still be violations of this TOS for other reasons, and may result in immediate suspension or termination of your account, without notice, as determined by us in our sole discretion.
Spam is strictly prohibited under this TOS. Violations of our spam policy shall result in a minimum $200 fine and possible termination and/or suspension of your account or Services. We reserve the right to determine, in our sole discretion, what constitutes a violation of this spam policy, but include the following as a guide: unsolicited or unauthorized advertising and promotional materials such as “junk mail,” “instant messaging,” “chain letters,” or “pyramid schemes.” An electronic message is “spam” IF: (1) the recipient’s personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.
You agree to supply appropriate payment for the services received from Circle Tree, LLC, in advance of the time period during which such services are provided. You agree that until and unless you notify Circle Tree, LLC of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Account Cancellation Policy
Cancellations must be done over the phone to confirm your identity, and ensure the safety and security of your account with us. You agree that when an account cancellation is processed, everything from your webhosting account: files, folders, emails, will be erased. Once the account has been cancelled, any recurring payments will end, and the payment for the current month will not be refunded. In addition, as we offer significant discounts on our services by using our proprietary WordPress framework, any sites that are built using our framework, and not hosted with us must pay a nominal software license fee of $25 / month. The license fee covers support of the framework, that is normally covered by our hosting fees. Any client that migrates to a new host, without paying the license fee, shall be in breach of contract and will have access revoked.
As a client of Circle Tree, LLC, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Circle Tree, LLC 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. 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.
Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. Circle Tree, LLC 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 Circle Tree, LLC servers. Restoring files from a backup is subject to a $20 fee (at our discretion, and your approval, up to $20/per file restored).
Server Resource Usage
Your account may not:
- Use 25% or more of system resources for longer then 75 seconds.
- Run stand-alone, unattended server-side processes at any point in time on the server.
- Run any type of web spider or indexer, this includes Google Cash & AdSpy
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- 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.
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as Crysis, Quake, Battlefield 2042, etc
- Run cron entries with intervals of less than 15 minutes
Each of our web hosting acounts are allocated a monthly bandwidth allowance. If your account exceeds 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 package with a higher bandwidth limit
- 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.
Refund Policy – See our refund policy.
Circle Tree, LLC shall not be responsible for any damages your business may suffer. Circle Tree, LLC makes no warranties of any kind, expressed or implied for services we provide. Circle Tree, LLC 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 Circle Tree, LLC and its employees.
Disclosure to law enforcement
Circle Tree, LLC may disclose any subscriber information to law enforcement agencies with notification to the subscriber upon proof of a lawful warrant from such agencies. We will cooperate fully with law enforcement agencies.
WordPress Administrator Liability Disclaimer
We make every effort to ensure the security and compatibility of the application with your website, while providing you with maximum control over the functionality, appearance and content. We recommend that you contact us with a list of plugins so that our development team can test them for security and compatibility. If you request administrator access to enable installing 3rd party plugins, we disclaim any and all liability, including but not limited to: loss of data, security breaches, and a broken website. Any repairs, recoveries or restorations from backup will be billed at the then hourly rate. We reserve the right, at our discretion, to revoke administrator access to maintain the stability, security and overall customer experience of our services.
Changes to the TOS
Circle Tree, LLC reserves the right to revise its policies at any time without notice. We will send a summary of the changes if there are any substaintial changes made to the TOS that may impact you or your websites hosted with us. The updated TOS will always be available here.