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SEO Hosting Provider Terms Of Service

The use of services from SEO Hosting Provider.com and Clyde C McElroy, [hereafter referred to as " SEO Hosting Provider.com and Clyde C McElroy"] constitutes agreement to these terms. You may view our Privacy Policy here.

1.) Account Setup / Email on file
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 SEO Hosting Provider.com and Clyde C McElroy, 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. SEO Hosting Provider.com and Clyde C McElroy is not responsible for a lapsed registration due to outdated contact information being associated with the domain.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. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Transfers
Our transfers team will make every effort to help you move your site to us. However, fees do apply depending on the hosting plan you chose. Fees apply to a basic website move that does not include moving databases, shopping carts, article directories and other more complicated moves. There will be a reasonable fee added to these more complicated moves. The basic website transfer fee is $150 if you chose the Silver Hosting Plan, $100 if you chose the Gold Hosting Plan and $50 if you chose the Platinum Hosting Plan. 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. You should always download and maintain a copy of the latest version of your files on your computer.

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.

2.) Content
All services provided by SEO Hosting Provider.com and Clyde C McElroy may only be used for lawful purposes. The laws of the State of Florida and the United States of America apply.

The customer agrees to indemnify and hold harmless SEO Hosting Provider.com and Clyde C McElroy 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 anothers 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 email info@SEOHostingProvider.com with the information. 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.

Examples of unacceptable material on all Shared and Reseller servers include:
  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • MUDs/RPGs/PBBGs
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro

Examples of unacceptable material on all Dedicated servers include:

  • IRCD (irc servers)
  • IRC Scripts/Bots
  • Pirated Software/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/spam Scripts
  • Escrow
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro

SEO Hosting Provider.com and Clyde C McElroy services, including all related equipment, networks and network devices are provided only for authorized customer use. SEO Hosting Provider.com and Clyde C McElroy 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 SEO Hosting Provider.com and Clyde C McElroy system(s) constitutes 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 must be with expressed written consent from the third party. SEO Hosting Provider.com and Clyde C McElroy may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

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.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@ SEO Hosting Provider.com and Clyde C McElroy and we will be 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 (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

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.

Violations will be reported to the appropriate law enforcement agency.

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.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

SEO Hosting Provider.com and Clyde C McElroy 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.

SEO Hosting Provider.com and Clyde C McElroy 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 SEO Hosting Provider.com and Clyde C McElroy.

4.) Payment Information
You agree to supply appropriate payment for the services received from SEO Hosting Provider.com and Clyde C McElroy, in advance of the time period during which such services are provided. You agree that until and unless you notify SEO Hosting Provider.com and Clyde C McElroy 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 SEO Hosting Provider.com and Clyde C McElroy of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.

Cancellations must be done in writing via the info@seohostingprovider.com provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone at 786-317-8774. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of SEO Hosting Provider.com and Clyde C McElroy, 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 SEO Hosting Provider.com and Clyde C McElroy of your desire to cancel any or all services received (by the proper means listed in the appropiate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by SEO Hosting Provider.com and Clyde C McElroy. SEO Hosting Provider.com and Clyde C McElroy reserves the right to bill your credit card or billing information on file with us. SEO Hosting Provider.com and Clyde C McElroy 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 SEO Hosting Provider.com and Clyde C McElroy for services rendered. Access to the account will not be restored until payment has been received.

It is the customer's responsibility to notify our sales team via email at info@seohostingprovider.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and SEO Hosting Provider.com and Clyde C McElroy cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.

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 info@seohostingprovider.com

SEO Hosting Provider.com and Clyde C McElroy reserves the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. SEO Hosting Provider.com and Clyde C McElroy 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 SEO Hosting Provider.com and Clyde C McElroy servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by SEO Hosting Provider.com and Clyde C McElroy.

6.) Cancellations and Refunds
SEO Hosting Provider.com and Clyde C McElroy reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time via email to info@seohostingprovider.com.

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

There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared and reseller accounts after the initial 45 days will be refunded on a prorated basis of any unused time.

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:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) 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.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes.
i) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

7b.) INODES
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.

7c.) Backup Limit
Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

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.

9a.) Money back Guarantee
On dedicated servers and collocation no full refund will be honored -- the 45 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

Each of SEO Hosting Provider.com and Clyde C McElroy's managed shared and reseller servers carry a 45 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 45 days of your service, 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.

SEO Hosting Provider.com and Clyde C McElroy will not activate new orders or activate new packages for customers who have an outstanding balance with SEO Hosting Provider.com and Clyde C McElroy. 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 SEO Hosting Provider.com and Clyde C McElroy in writing

9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of SEO Hosting Provider.com and Clyde C McElroy dependant upon 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 contact info@seohostingprovider.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / 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.

10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. SEO Hosting Provider.com and Clyde C McElroy does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. SEO Hosting Provider.com and Clyde C McElroy will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

11.) Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.

12.) Dedicated Servers
SEO Hosting Provider.com and Clyde C McElroy reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. SEO Hosting Provider.com and Clyde C McElroy reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact info@seohostingprovider.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

13.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on SEO Hosting Provider.com and Clyde C McElroy, and the right to increase the amount of resources given to plans at any time.

14.) 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.

15a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold SEO Hosting Provider.com and Clyde C McElroy harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against SEO Hosting Provider.com and Clyde C McElroy, 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 SEO Hosting Provider.com and Clyde C McElroy against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with SEO Hosting Provider.com and Clyde C McElroy; (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 SEO Hosting Provider.com and Clyde C McElroy's server.

15b.) Arbitration By using any SEO Hosting Provider.com and Clyde C McElroy services, you agree to submit to binding arbitration. If any disputes or claims arise against SEO Hosting Provider.com and Clyde C McElroy or its subsidiaries, such disputes will be handled by an arbitrator of SEO Hosting Provider.com and Clyde C McElroy's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Florida. 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
SEO Hosting Provider.com and Clyde C McElroy shall not be responsible for any damages your business may suffer. SEO Hosting Provider.com and Clyde C McElroy makes no warranties of any kind, expressed or implied for services we provide. SEO Hosting Provider.com and Clyde C McElroy 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 SEO Hosting Provider.com and Clyde C McElroy and its employees.

17.) Disclosure to law enforcement
SEO Hosting Provider.com and Clyde C McElroy may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

18.) Changes to the TOS
SEO Hosting Provider.com and Clyde C McElroy reserves the right to revise its policies at any time without notice.



The following terms of service govern your use of the SEO Hosting Provider Web Site located at seohostingprovider.com, including any services and features available on or through the Web Site such as content writing services, seo services, hosting services, coding, script installations, and directory submissions. The Website is made available by Clyde McElroy. We may change the Terms of Service from time to time, at any time, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF SERVICE AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms of Service, you may not access or otherwise use the Site.

1. Proprietary Rights

As between you and SEO Hosting Provider and Clyde McElroy, with the exception, in some cases, of Submitted Materials, as defined below in Section 6, we own, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the Site, and the look and feel, design, compilation and organization thereof, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant you ownership of any content, code, data or materials that you may access on the Site.

All information you submit to SEO Hosting Provider and Clyde McElroy is held as confidential and is not shared with anyone other than those who will help complete the job you contract us for. All content we provide is considered a "work for hire" and all copyrights belong to you, the client, unless otherwise specified in an agreement between you and SEO Hosting Provider and Clyde McElroy.

SEO Hosting Provider and Clyde McElroy agree not to reuse or redistribute the content we provided to you as long as you have paid in full for the content. Nonpayment of the agreed on price results in the copyrights belonging to SEO Hosting Provider and Clyde McElroy. We also agree not to reuse the content we provide to you in the same form as provided to you. SEO Hosting Provider and Clyde McElroy cannot be held responsible for similar content appearing anywhere nor can we be responsible for someone else misusing your content. It is your responsiblity to police the content and protect your copyrights.

Resellers of blog services, SEO. SEO Hosting, or content provided by SEO Hosting Provider and Clyde McElroy are bound with us as if they are the client and we are the provider. Any terms of service or contracts between resellers and clients remain between them and we shall not be held liable for what any reseller does with content or any other promises they make to their clients.

All writers, bloggers, coders, or other people who freelance or work for SEO Hosting Provider and Clyde McElroy are held to agree to the following.

A. Clients of SEO Hosting Provider and Clyde McElroy cannot be used as your personal references. Your work is done for SEO Hosting Provider and Clyde McElroy and not for the client. Any use of any SEO Hosting Provider and Clyde McElroy Client's Name for your personal gain, reference, or any other use may lead to legal action against you by the client or by SEO Hosting Provider and Clyde McElroy.

B. In some cases you may receive information about clients of SEO Hosting Provider and Clyde McElroy. This information, by default, is to be considered confidential. You may not use or share this information with anyone outside of SEO Hosting Provider and Clyde McElroy.

C. No one who contracts to write content or do other work for SEO Hosting Provider and Clyde McElroy may contact any client of SEO Hosting Provider and Clyde McElroy without express permission of SEO Hosting Provider and Clyde McElroy for any reason. By accepting work through SEO Hosting Provider and Clyde McElroy, you agree to this no-compete clause even if you decide to stop accepting work from SEO Hosting Provider and Clyde McElroy. You are allowed to accept work from any source while you accept work from SEO Hosting Provider and Clyde McElroy and of course after you stop accepting work from SEO Hosting Provider and Clyde McElroy, however any action on your part to contact clients of SEO Hosting Provider and Clyde McElroy directly for the purpose of providing content to them will be cause for legal action.

D. SEO Hosting Provider and Clyde McElroy reserves the right to refuse any content or work you provide to us or to us for our clients. We are not obligated to notify you we did not accept the content or the work you provided. Due to the unreliability of email, it is your responsibility to request confirmation that we received any content or work you send to us. If you have no such confirmation, you may not be paid for that content since we may have not received it. If we paid you for the content you provided, we reserve all rights to that content.

E. If we have to rewrite or edit the content you provide to SEO Hosting Provider and Clyde McElroy, then that content belongs to us regardless of any financial obligations. If you accept work from SEO Hosting Provider and Clyde McElroy, you agree to write content that can be passed on to the client as a finished product. If we have to rewrite or otherwise edit the content before it can be sent to the client, then the payment you receive for that content may be altered or you may not be paid at all, depending on the quality of the content you provided.

F. As a content provider to SEO Hosting Provider and Clyde McElroy, you may not reuse any content you provide to us in any way.

G. Disputes about the payment for any content you provide to SEO Hosting Provider and Clyde McElroy must be brought to our attention within 30 days or any due amounts are void. All disputes will be settled according to Florida State Law or by agreement in arbitration by the arbitrator of our choice.

2. SEO Website Hosting Clients

SEO Hosting Provider will keep all information in regards to hosting confidential. SEO Hosting Provider will do everything in our power to prevent unauthorized access to the files you upload to our servers and to the servers themselves. However, no server can be deemed to be 100% safe from all attacks, such as DOS, (Denial of Service) attacks, hackers, and other malicious attempts at gaining access to the server. In addition all servers in the world are subject to be affected by many technical events that could make your website unavailable for an undetermined amount of time. SEO Hosting Provider, it's Affiliates and Reselllers, it's staff and all personnel involved, cannot be held liable for any of these mailicious or technical events.

3. Limited License

You may access and view the content on the Site on your computer or other Internet-compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. The Site and the Site’s services and any content and materials on the Site, are only for your personal, non-commercial use.

4. Prohibited Use

You may not commercially distribute, publish or exploit the Site, or any content, code, data or materials on the Site, unless you have received the express written prior permission of SEO Hosting Provider and Clyde McElroy or the applicable rights holder. Other than as set forth in Section 2 of these Terms of Service, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be liable for such unauthorized use. SEO Hosting Provider and Clyde McElroy will enforce its intellectual property rights to the fullest extent of the law.

5. Trademarks

The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of SEO Hosting Provider and Clyde McElroy and other owners and may not be used unless authorized by the trademark owner. SEO Hosting Provider and Clyde McElroy will enforce its Trademark rights to the fullest extent of the law.

6. User Information

In the course of your use of the Site, you may be asked to provide certain personal information to us. Our information collection and use policies with respect to the privacy of such personal information are set forth in the Site’s Privacy Policy, which is incorporated herein by reference for all purposes. You, and not SEO Hosting Provider or Clyde McElroy, are responsible for the accuracy, currency and content of such information.

7. Submitted Materials

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, online meetings and/or our blogs, or send to us via e-mail) (Submitted Materials) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with SEO Hosting Provider and Clyde McElroy's Privacy Policy. By submitting or sending Submitted Materials to us, unless we agree otherwise specifically in writing, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights to such Submitted Materials (in whole or in part), and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Materials that you provide to us, and we may delete or destroy any such Submitted Materials at any time.

8. Prohibited User Conduct

You agree that, while using the Web Site and the Web Site’s various services and features, you will not:

impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any person or entity, including without limitation, anyone from SEO Hosting Provider and Clyde McElroy or the Site;

insert your own or a third party’s advertising, branding or other promotional content into any of the Web Site’s content, materials or services (for example, without limitation, in an RSS feed or a podcast received from SEO Hosting Provider and Clyde McElroy or otherwise through the Web Site), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes;

obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Site through any means;

engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information;

engage in any automatic means of accessing, logging-in or registering on the Site or for any of the Site’s services or features, or obtaining lists of users or obtaining or accessing other information, services or features on, from or through the Site, including, without limitation, any information residing on any server or database connected to the Site or any services offered on or through the Site;

use the Site or the Site’s services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;

use the Web Site or the Web Site’s services or features in violation of SEO Hosting Provider and Clyde McElroy’s or any third party’s intellectual property or other proprietary or legal rights;

use the Site or the Site’s services in violation of any applicable law;

attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, make unauthorized use of, or otherwise alter or interfere with the Site or the Site’s services, or any content on the Site or the Site’s services; or

obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.

9. Public Forums, Blogs, and Article Directories

We may, from time to time, make online communities, messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Web Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you will not upload, post, transmit, distribute or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which:

restrict or inhibit any other user from using and enjoying the Web Site or the Web Site’s services;

are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or are otherwise objectionable toArticle Content Provider and Clyde McElroyA, in its discretion;

constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;

violate, plagiarize or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary rights;

contain a virus, spyware, or other harmful component;

contain embedded links, advertising, chain letters or pyramid schemes of any kind; or

constitute or contain false or misleading indications of origin, endorsement or statements of fact.

It is important to remember that comments, materials and information submitted to a public forum or online community may be recorded and stored in multiple places, both on our Web Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read, view or access them eventually. Therefore, you should not disclose any sensitive, personal, proprietary or confidential information, about yourself or others, in your comments or other submissions to our public forums or other online communities, such as to our blog(s).

10. Right to Monitor and Editorial Control

We reserve the right (but have no obligation) to monitor or review all materials posted or submitted to the Web Site or through the Web Site’s services or features by users (including, for example and without limitation, our blog(s)), and we are not responsible for any such materials posted by users. However, we may disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post, delete or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Service, our policies or applicable law.

11. Linking to the Web Site

We may insist that any link to the Web Site be discontinued, and we may revoke your right to link to the Web Site from any other web site at any time upon written notice to you, and in such event you agree to discontinue any such linking activity.

12. Indemnification

You agree to defend, indemnify and hold SEO Hosting Provider and Clyde McElroy, its affiliates, and its and their directors, officers, employees, trustees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms of Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

13. Orders for Products and Services

We may make certain products available to visitors and registrants of the Site. You may only order products if you are 18 years old or older. You agree to pay in full the prices (and all applicable taxes) for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to SEO Hosting Provider and Clyde McElroy. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.

14. Third Party Web Sites

You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for, nor do we endorse or sponsor, the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours.

15. Copyright Agent

We respect the intellectual property rights of others and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to SEO Hosting Provider and Clyde McElroy’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

Your address, telephone number, and email address;

A description of the copyrighted work that you claim has been infringed; (There may be a charge to have content removed, if it will cost SEO Hosting Provider and Clyde McElroy to remove it. Our cost will be passed on to you, the claimant.

A description of where the alleged infringing material is located;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent:
Clyde McElroy
734 jefferson Ave. #5
Miami Beach, FL 33139
voice: 786-317-8774
e-mail:webmaster@seohostingprovider.com

16. DISCLAIMER OF WARRANTIES

THE SITE AND ITS SERVICES, CONTENT, FUNCTIONS AND MATERIALS ARE PROVIDED "AS IS," "AS AVAILABLE", AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR CONTENT OF INFORMATION ON THE SITE, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, THROUGH OUR BLOG(S)) SHALL CREATE ANY WARRANTY. SEO Hosting Provider and Clyde McElroy ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH SEO Hosting Provider and Clyde McElroy OR ITS AGENTS.

17. LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SEO Hosting Provider and Clyde McElroy OR ITS AFFILIATES OR ANY OF ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, TRUSTEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE PROTECTED ENTITIES) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF SERVICE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO SEO Hosting Provider and Clyde McElroy FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE.

18. Applicable Laws

We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms of Service waive their respective rights to a trial by jury.

19. Termination

We may terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time. We may restrict, impose limits on, suspend or terminate your access to the Site and/or its services or features (e.g., our blog(s)) if we believe you have violated our Terms of Service or applicable law, or for any other reason without notice or liability. SEO Hosting Provider and Clyde McElroy maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.

20. Changes to Terms of Service

SEO Hosting Provider and Clyde McElroy reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Service, in whole or in part, at any time. Changes to the Terms of Service will be effective when posted.

21. Miscellaneous

The Terms of Service and the relationship between you and us shall be governed by the laws of the United States and the State of Florida, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Service shall be commenced and be heard in the appropriate court in the State of Florida, County of Florida, and you further agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Dade, in the State of Florida. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Should you have other questions or concerns about these terms, please call us at 786-317-8774 or send us an email at info@seohostingprovider.com.

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