Customers of Callisto Hosting (including Callisto Moon) need to abide by the Terms and Conditions of our company, as well as the providers with which we work. We’ll try to keep the legalese to the minimum. Please be aware that our terms and conditions, as well as our provider’s terms and conditions, are subject to change at any time.
Violation of our, or our provider’s, terms and conditions may result in suspension of your service without any refunds. In the event of a dispute between you and Callisto Hosting/its partners regarding the interpretation of these terms and conditions, Callisto Hosting’s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions, please contact us.
1. Client Conduct
Our services may only be used for lawful purposes. Any use which violates any laws, including copyright infringement, is strictly prohibited. You may not use our services to transmit, store, or share, any documents, files, archives, or other material that contains the following:
Pornography involving any individuals of any age
Is excessively violent, incites violence, threatens violence, or contains hate speech.
is deceptive or intends to defraud
is defamatory or violates a person’s privacy
constitutes a risk to a person’s safety or health, public safety or health, national security, or interferes with a legal investigation
contains trade secrets or proprietary information
infringes on another’s trade or service mark, patent, or other intellectual property
2. Resource Usage
Customer may not run any processes, scripts, or services which require more than the average amount of space, memory or resources for normal website and internet usage. The customer may also not store large archives of files, such as music, video, book, or games with the intent to share, distribute, or store, for which they do not own appropriate rights. The customer may also not host pirated software, warez, provide free hosting services.
- The customer may not engage in illegal, abusive or irresponsible behavior including unauthorized access to or use of data, systems, networks, including any attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures.
We have a ZERO TOLERANCE spam policy. Sending out unsolicited email, junk-email, SPAM is strictly prohibited.
We also do not desire our services to be used for bulk mailing lists (thousands of messages) and would like to discuss with our clients their newsletter options.
We invite our customers to take reasonable security precuations including using strong passwords (at least 8 characters long, not known/dictionary words, and containing upper case, lower case, numerical, and special characters.). We also request that our customers stay up to date with regards to security changes in the software they use and take all appropriate actions to secure their software.
Although our provides run automatic daily onsite backups, clients are responsible for keeping backup copies of all software, files and programs. In the event of permanent dataloss, an additional fee of $10 per website may be charged to restore files.
4. Personal Use
Our customers understand that the website purchased from Callisto Hosting is only to be used by the account holder and not to be sold, shared, rented, or otherwise traded. The account holder will be solely responsible for the content of the website and its use.
When on a monthly plan, payment is due on the monthly anniversary of account creation. Accounts created on February 29 will have an anniversary date of February 28, and all accounts created on the 31st of any given month will have an anniversary date of the 30th. In order to ensure uninterrupted service, we invite our customers to create a subscription via Paypal to have automatic payments made. In the event a payment is missed, the customer will have five calendar days to make payment. If the payment is more than 5 calendar days past due, the account will be suspended. We hope that our customers will contact us before this happens to make appropraite arrangements.
We reserve the right to charge a reinstatement fee of up to $10 in the case of account termination due to non-payment.
6. Refusal of Service
Callisto Hosting reserves the right to refuse or discontinue service to anyone at Callisto Hosting’s sole discretion. Callisto Hosting may deny you access to all or part of the service without notice if you engage in any conduct or activities that Callisto Hosting in its sole discretion believes violates any of the terms and conditions in this agreement. Callisto Hosting shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Callisto Hosting has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Callisto Hosting reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. Callisto Hosting also reserves the right to refuse refunds in cases where Calllisto Hosting believes abuse has taken place
Customer agrees to indemnify and hold harmless Callisto Hosting and the employees and agents of Callisto Hosting (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
8. Limitation on Company Liability
Callisto Hosting shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to Customer resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Company with respect to the then current term of this Agreement. CALLISTO HOSTING SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
9. No Warranties
Any Callisto Hosting material on this server may include technical inaccuracies or typographical errors. Callisto Hosting has the right to make changes and updates to any information contained within this server without prior notice.
THE INFORMATION PROVIDED ON THIS SERVER IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY CALLISTO HOSTING, INC, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER CALLISTO HOSTING NOR ITS AFFILIATES WARRANTS THAT THE INFORMATION ON THIS SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Material Protected by Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
- You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
- You are otherwise permitted by established United States copyright law to copy the work in that manner.
Callisto Hosting will terminate the service of repeat copyright infringers.
Copyright Infringement Notice (Digital Millennium Copyright Act)
If you believe your copyright is being infringed by a person using the Callisto Hosting network, please use the contact us form and include identification (full url, if possible), reason you believe the material is being infringed, your full name and contact information, and 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 owner, the copyright owner’s agent, or the law, and your claims are accurate to the best of your knowledge under penalty of perjury. Please state if you are authorized to act on behalf of the owner, or if you are merely a “concerned citizen.”
CAUTION: Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
11. Agreement Acknowledgement
This agreement supersedes any written, electronic, or oral communication you may have had with Callisto Hosting or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
By placing and continuing to maintain or place information on Callisto Hosting servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
12. Governing Law
This Agreement, and all future agreements Customer may enter into with Callisto Hosting, unless otherwise indicated on such other agreement, will be governed by the laws of the State of Iowa, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Callisto Hosting in Iowa or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, Customer agrees to submit to the personal and exclusive jurisdiction of the courts located within the County of Polk, Iowa. If any part of the Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
13. Contact Information
You must have valid and current information on file with your domain name registrar for any domain hosted on the Callisto Hosting network. You must also keep the information updated with Callisto Hosting.