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Terms of Service
CRYSTALTECH Terms of Service: CrystalTech Web Hosting Services Agreement (“Agreement”): The terms and conditions set forth herein constitute the full and complete Agreement between You, Your heirs, agents, successors and assigns (“You” or “Your”) and CrystalTech Web Hosting, Inc. ("CrystalTech "). Your agreement to be bound by the terms contained herein is acknowledged by Your use of the CrystalTech Web Site, Hosting Services, Support Services and/or any CrystalTech software, service, or product made available to You. This Agreement as well as any additional CrystalTech policies, together with all modifications thereto, constitutes the complete and exclusive agreement between You and CrystalTech concerning Your use of CrystalTech's products and/or services. The terms contained in this Agreement supersede and replace any other agreement or negotiation between You and CrystalTech whether oral, written or otherwise including any statements made by any representative of CrystalTech at any time. By purchasing and/or using CrystalTech's goods and/or services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, modifications, conditions or policies which CrystalTech may establish and/or revise at any time, and any agreements that CrystalTech is currently bound by or will be bound by in the future. You agree that CrystalTech may modify this Agreement from time to time. You agree to be bound by any changes CrystalTech may make to this Agreement as of the date in which such changes are made. You agree that CrystalTech shall not be bound by any representations made by third parties who You may use to purchase goods and/or services offered by CrystalTech. PAYMENT OF FEES Payment shall be made to CrystalTech in U.S. dollars only. Payments are due upon account activation and future account renewal, and may be made through the use of a valid credit card, personal/business check or money order. Payment for services shall be made monthly if paid via credit card, and quarterly if paid via check or money order. Billing will continue to occur automatically until You request cessation of service. If shortfalls in payment to CrystalTech of the full invoice amount occur due to bank fees, transfer fees, or the like, CrystalTech will re-invoice You for the shortfall. Should payment in full of any invoice (aside from the shortfalls mentioned above) not be received by CrystalTech within thirty (30) days after account activation or renewal, CrystalTech, at its sole discretion, may discontinue, withhold or suspend services to You. Cancellations of service must be made via telephone (Toll-Free at 877.323.4678, Arizona or International at 602.263.0300, and select the Customer Service extension), and can not be made without first verifying Your correct Customer ID (provided by CrystalTech) and account password (created by You) at time of setup. All information stored on the CrystalTech network that was placed there by You or is a result of You using the services provided by CrystalTech is deleted after a period of approximately 15 days from the date of cancellation. Therefore, should You require a copy of said information, You should take steps necessary to retrieve that information prior to cancellation of services. Should You fail to retrieve such information, and should You require a copy of said information after the date of cancellation, it is possible that CrystalTech can provide the information to You for an additional fee (to be determined at the time of request but could include data restoration and custom service fees). However, CrystalTech does not guarantee that it will be able to provide the information to You after the date of cancellation. Should You attempt a chargeback for services knowingly purchased from CrystalTech, CrystalTech shall immediately shut off services to You and will pursue full legal recourse against You to recoup any and all losses. If a chargeback occurs as a result of an error by You, a $20 fee will be assessed on top of the full chargeback amount. Setup fees for any services or plans, are not refundable, regardless of the length of time the service or Plan is used by You. Should You follow standard procedures and cancel services with CrystalTech, You are entitled to a refund equivalent to the length of time that has been paid for, but not used. This refund is calculated based on a daily rate, depending on the Plan that was ordered. "Free Months" are not taken into account when calculating a refund. Billing Cycle: the Billing Cycle for any and all services shall commence the day the services/plans were ordered. CrystalTech cannot, for any reason, change the Billing Cycle for a Plan or service. You are responsible for providing CrystalTech with the proper and correct Billing and Payment Information. In addition, You are responsible for keeping all contact information, especially email addresses, up to date and current. CrystalTech conducts all communication with You via email, including support, billing and network administration communication. You agree to accept all communications from CrystalTech via email, including support, billing and network administration communication. Therefore, a current and active email address for all pertinent parties is absolutely essential. Any and all fees incurred due to incorrect Billing and/or Payment information are the sole responsibility of You. You have access to any and all information on file, and therefore have every opportunity to keep this information current, via the CrystalTech WebControlCenter™ (https://www.webcontrolcenter.com/customer.aspx). Changes to services provided to You must be submitted in writing via the WebControlCenter™. Upgrades are charged a setup fee of the difference between the setup fees of the two plans (the old plan and the upgraded plan), and a prorated fee for the difference in plan prices for any time that was paid for in advance. Downgrades receive a prorated credit for any time paid for in advance, but no credit is given for any initial setup fees. You are responsible for, and must be aware of, what will be gained and/or what will be lost in changing plans. CrystalTech is not responsible for lost files, data and/or information due to changes in plans. Sites that have been shut off for 15 days are deleted from our servers (except for sites that are ordered using an unauthorized payment method or ordered under false pretenses, which are deleted 5 days after being shut off). If a site has been deleted, and You desire to reactivate a deleted site, You will need to order a new plan and You will be held responsible for ensuring You have adequate backups/copies of Your site. CrystalTech is not responsible for Your failure to use the services/plans offered by CrystalTech. You have the right to cancel the services/plans that You have purchased at any time. Therefore, non-use of the services/plans offered DOES NOT constitute a cancellation of said services/plans. Additional Fees: You agree that use of the Services hereunder will not exceed any usage limits/allocations set forth under Your particular Plan details. If You do exceed any of the specified usage limits/allocations, CrystalTech may, at its sole discretion, assess You with additional charges (where those additional charges for Shared Hosting are listed under Additional Features on the Shared hosting pages of the CrystalTech website - additional charges for Dedicated Hosting are listed under the “Server Options” heading on each dedicated hosting plans page), suspend the performance of the Service or terminate this Agreement. In the event that CrystalTech elects to take any corrective action, You may not be entitled to a refund of any unused pre-paid fees. If CrystalTech collects any payment due at law or through an attorney at law or under advice from a collection agency, or if CrystalTech prevails in any action to which You and CrystalTech are parties, You will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and CrystalTech's reasonable attorney and collect agency fees. Payment by Check, Money Order Prior to activation of Your user account You agree to submit a check payable in U.S. dollars against a bank located within the United States. CrystalTech is under no obligation to initiate service until the proceeds of such check have been cleared by such financial institution and have been received by CrystalTech. Invoices will be submitted to the email address on file for You as a courtesy only and You agree to receive such invoices via email. Payment for subsequent fees is due 30 days from date of invoice. It is Your responsibility when paying by check to make sure that Your payment is received by CrystalTech. An administrative fee of $25.00 may be charged for the refusal, rejection or return of any such check for any reason whatsoever or any portion thereof. In addition, refusal, rejection or return of any such check for any reason whatsoever or any portion thereof is grounds for account suspension and/or termination at the sole discretion of CrystalTech. WEB HOSTING SERVICES For the term of the agreement as set forth herein CrystalTech agrees to provide Web Hosting Services according the plan selected. CrystalTech reserves the right to change, amend and/or otherwise alter the services provided with equivalent services without prior notice to You. The specifics of any particular offer are contained within the offer itself as published on the CrystalTech website at the time the payment for new services are received by CrystalTech. The specifics of all current offers are located within the CrystalTech Website located at www.CrystalTech.com. Web Hosting Services shall be defined, in a general form, as server space and data transfer allowances for the purposes of displaying a business or personal website. For Dedicated Customers: You have the ability to install custom software on the server You lease from CrystalTech as long as You have the proper licensing in place for the use of said software. In most cases, CrystalTech will request proof of ownership and licensing of said software prior to approving the software for installation. Should You send CrystalTech original copies of licensing and/or software in any form (paper, compact disc, etc.), CrystalTech shall not be held responsible for the storage and/or safekeeping of the licensing and/or software. Should You send to CrystalTech media required for the installation of software, in any form, You are responsible for paying for any and all postage and/or shipping fees associated with the shipment and return of said media, including any insurance costs required to limit liability for damage during shipment. In addition, should you send any hardware device or external media that will be used to install or copy information, applications, or files to your dedicated server, CrystalTech reserves the right to review such hardware device or external media and the contents therein prior to addition to its network. CrystalTech further reserves the right to refuse any course of action requested by a customer that CrystalTech feels would compromise its network, infrastructure, or company as a whole. For Resellers Only: The following provisions apply only to Resellers selling under the CrystalTech Reseller Program. In the event you breach this TOS, including, without limitation, failure to make payments when due on behalf of your customers, such that your customers are not being serviced and/or are considered abandoned, CrystalTech, reserves the right, in its sole discretion, to substitute CrystalTech for you with your customers. In the event of any such substitution, you agree and acknowledge that you will have no further interest in or rights to any such customers. DOMAIN REGISTRATION AND OTHER SERVICES At Your request, CrystalTech may also acquire a Second-Level Domain Name ("Domain Name"), on Your behalf. CrystalTech will not own or otherwise control any domain name registered on Your behalf under this paragraph. CrystalTech provides this service as a convenience to You only and You hereby waive any and all claims which You may have, or which may later arise, against CrystalTech for any and all damages, losses, claims or expenses arising our or related to the acquisition, registration and/or use of the Domain Name. Any costs incurred by CrystalTech to obtain and/or maintain the Domain Name on Your behalf shall be charged to You by CrystalTech. Domain Registration through CrystalTech: You are responsible for checking on the availability of any domain name associated with any of the services offered by CrystalTech. You are also responsible for correctly entering any and all domain information (this includes, but is not limited to, the spelling of the domain, proper domain extension, etc.) during the course of ordering any services offered by CrystalTech. CrystalTech is not responsible for domain name availability. If a Plan is built by CrystalTech using an unavailable or incorrect domain name, You will be charged a $20.00 fee for any resulting corrections made by CrystalTech. CrystalTech does not, in any way, alter any domain information when building sites for You. Domain information is entered solely by You, and is, therefore, the sole responsibility of You. Domain Changes: If a Plan is ordered using an incorrect domain name, You will be invoiced for any and all fees incurred by CrystalTech in the proper registration/correction/completion of Your order. These fees may include, but are not limited to, any administrative costs, domain registration costs and costs incurred in the correction of domain registration information charged by the domain Registrar. Special Provisions for .US Domain Registrations: You shall indemnify and hold harmless CrystalTech and Melbourne IT (d.b.a. Internet Names Worldwide), and its directors, officers, employees, representatives and agents from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to Your .US domain name registration and use of any .US registered domain name. You certify that You meet the requirements to qualify to register to use a .US domain name as found on the Neustar website (Neustar oversees the .US Top Level Domain) located at http://www.neustar.us/policies/index.html. You further certify that both CrystalTech and Internet Names Worldwide have requested specific information regarding how You meet the requirements listed above and that You have willingly volunteered such information. You understand and agree that such information will be verified and will be shared with the .US Registry. You further understand and agree that if such information cannot be verified, or if You fail to abide by the requirements listed above, the registered domain name shall be subject to immediate cancellation. Upon requesting the CrystalTech Private Registration Service You agree to be bound by the terms of the CrystalTech Private Registration Policy which may be found on the Melbourne IT/INWW Website located at http://www.melbourneit.com. The terms of Private Registration Policy are incorporated into this agreement as though they were fully set forth at length herein. However, CrystalTech does NOT guarantee that the Terms and Conditions it provides is as current or up-to-date as the one provided on the INWW website as said Terms and Conditions are subject to change. You agree to maintain Your registration information in full compliance with this agreement and the terms of the Private Registration Policy. Failure to so comply is cause for immediate suspension and/or termination. You agree to maintain current all Whois information for Your domain name. CrystalTech will notify You when the domain registered through CrystalTech is due to expire. CrystalTech does not renew domain names automatically. You must request a renewal to renew any and all domain names. You are solely responsible for knowing the expiration dates required for renewal. Attempting to renew domain names after the expiration date are not guaranteed, and attempting to renew domain names after the expiration date may result in additional fees, whether or not such attempts to recover domain names from redemption are successful. Please note that registration, renewal, and private registration fees are not refundable. ACCEPTABLE USE CrystalTech strictly enforces compliance with its acceptable use policy. You agree to maintain Your website in full compliance with the terms set forth below. Failure to so comply is cause for immediate suspension and/or termination of Your account at the sole discretion of CrystalTech. CrystalTech uses a third party to run security and vulnerability audits of their network. These audits include, but are not limited to, port scans, server configuration audits and other security and vulnerability checks that help ensure that the network CrystalTech manages is as secure as possible. At times, current or potential CrystalTech customers request to have their own audits run on the CrystalTech network. CrystalTech prohibits You as well as third parties from running any type of security audit or check of the CrystalTech network, apart from those audits or checks that are initiated by CrystalTech or that have prior written approval from CrystalTech. Unauthorized scans or checks of the CrystalTech network will be treated as an attack against the CrystalTech network and will be dealt with accordingly, including, but not limited to, immediate account termination and/or any legal recourse available. You shall agree to the following: - You agree that You will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government. - You agree not to post any of the following types of content on Your website, nor use Your account in furtherance of any of the following: pornographic, obscene or excessively profane content, gambling, illegal drugs or illegal drug use. - You agree not to take any action which threatens, encourages or causes any harm to minors of any kind or to perform any activity which is likely to cause such harm or which assists any other person or group in doing so. - You agree not to take any action which encourages or consists of any threat of harm of any kind to any person or property or assists any other person or group in doing so. - You agree not use Your account to or otherwise knowingly or otherwise permit the violation any provision of the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM ACT) including the following: 1. a. False or Misleading Header Information 2. b. Deceptive Subject Lines 3. c. Failure to provide an opt-out method 4. d. Failure to Identify the message as an advertisement 5. e. Failure to include a physical Postal Address - You agree not to use Your account to encourage, facilitate, promote and/or include hate speech, racially offensive, ethnically offensive to groups of various sexual orientations and/or any other content or activity deemed inappropriate by CrystalTech, at its sole discretion, for any reason whatsoever. - You agree not to make or attempt any unauthorized access to any CrystalTech website or the website of any CrystalTech customer. - You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. - You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express consent. You shall maintain records of any such consent throughout the term of any agreement that You have with CrystalTech and for three years thereafter. - You agree not to undertake any action which is harmful or potentially harmful to the CrystalTech server structure. - You agree that the CrystalTech servers including the space occupied by Your account is and remains the property of CrystalTech. Further, CrystalTech does not claim ownership of files placed on the servers by You or within the space occupied by Your account when You use the services provided by CrystalTech. Your limited licenses to use the service is not subject to lease, sublease or any other sharing or transfer without the specific, express consent of CrystalTech . You may not make Your account (including but not limited to web space, email accounts, bandwidth, storage space, or reseller rights) available to any third party in any way, including but not limited to the use of Sub Domains, Add-on Domains, Sub Directories, or by any other means. - You agree not to utilize "circular popups", "multiple popups" or any redirect, link or referral which creates an offensive or unpleasant user experience. - You agree not to abuse whether verbally or physically or whether in person, via email or telephone or otherwise (a) any other customer of CrystalTech (b) any reseller of CrystalTech (c) any other person or (d) any employee or contractor of CrystalTech. - You agree at all times to comply with all International, Federal, State and local laws including those related to content, copyright, and trademark including but not limited to the Digital Millennium Copyright Act (“DMCA”). - You agree that CrystalTech will make the sole determination whether this policy has been violated. This policy may be amended by CrystalTech at any time without notice to You by posting the new policy in this location. Such new policy shall become effective immediately upon such posting for all accounts. It shall be Your obligation to check this page regularly for updates to this policy. - You agree to maintain Your website in full compliance with the terms of the acceptable use policy. CrystalTech reserves the right to refuse to provide service to anyone at their sole discretion, for any reason whatsoever. - For Dedicated Customers: You may not utilize, enable, upload or publicly store source code, executable code or programs on the CrystalTech network or servers that are designed to perform the following activities including, without limitation: (a) performing local/remote security vulnerability scans, (b) simulating local shell/OS access by means of a tunneled/encapsulated connection to a remote host, (c) circumventing firewall restrictions, (d) connecting to any IRC/Peer to Peer file sharing server/network, (e) providing tracker services to BitTorrent clients, (f) running any kind of proxy server (including anonymous proxies), and/or (g) exploiting any other vulnerabilities, as determined by CrystalTech in its sole discretion. LICENSE CrystalTech, subject to the terms and conditions set forth herein, hereby grants You a non-exclusive, limited, personal, license to use the CrystalTech Web Hosting Service for the term of the agreement as set forth herein. Your rights under this agreement may be assigned only upon prior notice and express written approval by CrystalTech. Any other assignment is null and void. OWNERSHIP OF INTELLECTUAL PROPERTY CrystalTech owns all rights, titles and interests in CrystalTech's intellectual property, including but not limited to: trade names, service marks, inventions, copyrights, trade secrets, patents and know-how relating to the design, function or operation of plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a license to You to use CrystalTech's trade names or service marks. Your use of any intellectual property rights and/or Proprietary Information mentioned in this Agreement or otherwise owned or licensed by CrystalTech is limited to Your use in connection with the CrystalTech Web Site, Hosting Services, Support Services and/or any CrystalTech software, service, or product made available to You . CONFIDENTIAL INFORMATION The parties acknowledge that each may disclose certain oral or written information in performing their respective obligations under this Agreement, which may be deemed to be the confidential and proprietary information of such party. As used herein, the term "Proprietary Information" includes any and all of the following information of CrystalTech and You that has been or may hereafter be disclosed in any form, whether in writing, orally, electronically or otherwise, or otherwise made available by observation, inspection or otherwise by either party or its representatives (collectively, a "Disclosing Party") to the other party or its representatives (collectively, a "Receiving Party"): All information that is a trade secret under applicable trade secret or other law; All information concerning product specifications, data, know-how, formulae, compositions, processes, designs, sketches, photographs, graphs, drawings, samples, inventions and ideas, past, current and planned research and development, current and planned manufacturing or distribution methods and processes, customer lists, current and anticipated customer requirements, price lists, market studies, business plans, computer hardware, software and computer software and database technologies, systems, structures and architectures; All information concerning the business and affairs of the Disclosing Party (which includes historical and current financial statements, financial projections and budgets, tax returns and accountants' materials, historical, current and projected sales, capital spending budgets and plans, business plans, strategic plans, marketing and advertising plans, publications, client and customer lists and files, contracts, the names and backgrounds of key personnel and personnel training techniques and materials, however documented), and all information obtained from review of the Disclosing Party's documents or property or discussions with the Disclosing Party regardless of the form of the communication; and Notes, analyses, compilations, studies, summaries and other material prepared by the Receiving Party to the extent containing or based, in whole or in part, upon any information included in the foregoing. The parties agree that they will: (a) hold in confidence and refrain from disclosing to any other person all Proprietary Information, whether written or oral, tangible or intangible, (b) take all reasonable precautions necessary to ensure that the Proprietary Information is not shown, copied or disclosed to third parties, without the prior written consent of the Disclosing Party, (c) not, without the prior written consent of the Disclosing Party, release, disclose or permit the release or disclosure by its agents or representatives of any Proprietary Information to anyone, or otherwise use or permit its agents or representatives to use, such Proprietary Information for any purpose at any time, except to the extent permitted herein or as may be ordered by a court of competent jurisdiction, and (d) observe all written security policies implemented by the Disclosing Party from time to time with respect to the Proprietary Information. The parties agree to use the same degree of care as used for their own information of like importance, and in any event to use reasonable care, in safeguarding against disclosure of the Proprietary Information. If either party is ordered to disclose any Proprietary Information, whether in a legal or regulatory proceeding, such party shall provide the disclosing party with prompt notice of such request or order so that the Disclosing Party may seek to prevent such disclosure. In the event of any disclosure, the party so disclosing shall disclose only that portion of the Proprietary Information that it is ordered to disclose pursuant to such legal or regulatory proceeding. Notwithstanding the foregoing, nothing herein shall apply to that part of the Proprietary Information of a Disclosing Party that a Receiving Party demonstrates (a) was, is or becomes generally available to the public other than as a result of a breach of this section by the Receiving Party of its representatives; (b) was or is developed by the Receiving Party independently of and without reference to any Proprietary Information of the Disclosing Party; or (c) was, is or becomes available to the Receiving Party on a non-confidential basis from a third party not bound by a confidentiality agreement or any legal, fiduciary or other obligation restricting disclosure. DISCLOSURE OF INFORMATION CrystalTech may disclose information including, but not limited to, information concerning You, a transmission made using our network, or a web site, in order to comply with a valid court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request (compliance documents) properly served on CrystalTech or one of its affiliates. If one of the aforementioned documents and/or requests is issued, CrystalTech and/or its attorneys will review such documents to determine their validity prior to taking any action related thereto. You agree that CrystalTech may charge You a reasonable administrative fee for addressing and responding to any requests and/or any such issues related to You, Your sub-resellers and/or Your customers. CrystalTech assumes no obligation to inform You that Your information has been provided and in some cases CrystalTech may be prohibited by law from giving such notice. Finally, CrystalTech may disclose Your information or information transmitted over its network where necessary to protect CrystalTech and others from harm, or where such disclosure is necessary to the proper operation of the CrystalTech system and/or infrastructure. CrystalTech is headquartered in Phoenix, Arizona and all compliance documents should be delivered by one of the formats below: By mail: CrystalTech Web Hosting, Inc. Attn: Compliance Department 1125 W. Pinnacle Peak Road, Suite 103 Phoenix, AZ 85027 USA By e-mail: legal@crystaltech.com By fax: (602) 263-0600 Attn: Compliance Department Additionally, CrystalTech reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how CrystalTech is related to the pending litigation and the underlying subpoena and/or request. TERM The initial term of this agreement shall be the period selected by You at the commencement of Your account. Periodic accounts (monthly, annual, biannual) are automatically renewed and the payment frequency is established according to the payment method listed on the account (monthly for credit card, quarterly for check). You can change the frequency of subsequent billing periods at any time. Additional options/overages are billed monthly. SUSPENSION AND TERMINATION Suspension - At the sole option of CrystalTech for any reason set forth herein or in the event that You breach any term of this agreement including but not limited to The Payment of Fees or any violation of the CrystalTech Acceptable Use Policy, CrystalTech may suspend Your account by deactivating any access by You and/or by web users to any information contained on the CrystalTech servers related to Your account while maintaining the information and data related to Your account upon the CrystalTech servers. Suspension shall specifically include the disabling of Your hosted domain and/or any access to information or data related to Your account. CrystalTech may, at its sole discretion, provide You with notification of such suspension. At CrystalTech's sole discretion, CrystalTech may provide You with an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected the account may be terminated. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension. Should any account require suspension, CrystalTech will retain the right to recover from You losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney's fees or other costs of any kind as may be applicable under Arizona Law. Termination - This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of Your information from the CrystalTech servers. Such information or data may or may not be made available to You by CrystalTech after any such termination. Termination of Your account is within the sole discretion of CrystalTech and Your account may be immediately terminated in accordance with the principles of this Agreement, at any time with immediate effect. CrystalTech may, at its sole discretion, limit or deny access to its servers, for any reason, including the blocking of certain ports and/or the denial of certain services, if, in the judgment of CrystalTech, such limitations or denials of access are required to assure the security of the network, the integrity of the network structure, or to prevent damage to the network, the software or the data stored on the CrystalTech servers. Should any account require termination CrystalTech will retain the right to recover from You losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney's fees or other costs of any kind as may be applicable under Arizona Law. INFORMATION USAGE AND COMMUNICATIONS You hereby consent and agree that any information CrystalTech may collect from You and/or maintain with respect to You, including but not limited to Your account information, dates of service, billing address, billing records, usage statistics, site statistics, services purchased, domain name purchases, correspondence to or from CrystalTech concerning You or Your account, or other information which in CrystalTech's sole judgment is reasonable, CrystalTech may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of CrystalTech and may include but shall not be limited to (1) compliance with court order, subpoena or other request of any State or Federal government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act. During and after the term of this agreement You agree to receive periodic emails from CrystalTech in regards to CrystalTech or partner products, services, Your account, and system conditions, changes, updates or and schedules. You agree to provide, and at all times during the term of this agreement maintain, true and accurate account information on file with CrystalTech specifically including Your Name, Address, Email address, telephone number, billing information and any other account information requested at any time during the sign up process. You further agree that the failure to provide or maintain such accurate information is a material breach of this agreement and subjects Your account to suspension and/or termination. You have access to general account information via the WebControlCenter™ (located at https://www.webcontrolcenter.com/customer.aspx) and must keep this information current. While CrystalTech provides backup services (with the exception of IIS .log files) and makes every effort to provide previous copies of Your files (for a specified dollar amount as specified on the CrystalTech web site), to You, it is not guaranteed that these copies will be available as there are unknown issues that may arise preventing complete or acceptable restorations. Restoration of data from the backups CrystalTech provides are done during normal business hours and based on the average ticket time for all support requests. Restore requests are handled via the WebControlCenter™ CrystalTech makes available for use by You. During off hours, every attempt is made to restore data as quickly as possible. However, off hours are used to run the backups of all server data on the CrystalTech network. Therefore, while CrystalTech is backing up server data, the ability to restore data at the same time that backups are running is limited and will generally take considerably longer than requests made during normal business hours. For Dedicated customers only: CrystalTech installs its WebControlCenter™ Service on any dedicated server that is released to You. This service submits internal communication with the CrystalTech WebControlCenter™ Server through incoming port 743 and outgoing port 52155. As all communication is internal to the CrystalTech network, any bandwidth utilization by the service does not count against the bandwidth allocation given for any particular dedicated server. You are subject to termination if this service is disabled or uninstalled as it may significantly reduce the performance of the server and CrystalTech's ability to provide reliable service and monitor the server and the network for malicious activity. In addition, should You utilize any firewall solution (regardless of whether it is the solution offered by CrystalTech or any similar service or application), it is up to You to ensure that the ports used by the WebControlCenter™ Service are left open and perform uninterrupted communication back to the Control Center server. NOTICE Any notice under this agreement shall be given by CrystalTech to You via email at the address provided by You to CrystalTech at the commencement of this agreement or as CrystalTech is subsequently advised. Notice to You at this address is deemed sufficient regardless of Your receipt of such email. Any notice by You to CrystalTech shall be made in writing and sent via United States Mail to the following Address: CrystalTech Web Hosting, Inc. 1125 W. Pinnacle Peak Road, Suite 103 Phoenix, AZ 85027 USA INFRINGEMENT POLICY CrystalTech, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right to terminate Your account if CrystalTech determines, in its sole discretion, that You are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE It is CrystalTech's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof, and you believe that any content hosted by CrystalTech infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") as set forth below. (1) Written Notification Policy for Claimed Infringement Pursuant to 17 U.S.C. Section 512(c), CrystalTech has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to CrystalTech in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement: By mail: CrystalTech Web Hosting Inc. ATTN: Copyright Agent 1125 W Pinnacle Peak Road, Suite 103 Phoenix AZ 85027 USA By e-mail: legal@crystaltech.com Additionally, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information: A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed. B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials. C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address. E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law. F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed. (2) Actions Taken By CrystalTech Upon Receipt of Notification of Claimed Infringement Upon receipt of written notification containing the above information from the Complainant, and only upon receiving such notice, CrystalTech will: (i) Remove or disable access to the infringing material(s) immediately or within a reasonable time frame. (ii) Take reasonable steps to contact You and inform You that the material(s) in question has been removed or disabled. In response, the person receiving the complaint may send a written counter notification (by fax or regular mail, email only through prior arrangement) to CrystalTech's designated agent. The counter notification must include the following: (i) A physical or electronic signature by the person countering the claim. (ii) Identification