Cactus Hosting reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. Cactus Hosting strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Cactus Hosting customers and us against such harm.

1. Payment Policies, Fees, Refunds and Terms of Agreement

Full payment is required before any hosting service is rendered, which includes renewals. Prepayment is due each anniversary (one month, one year) following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended, unless it's within the 30 day money back guarantee.

We do give refunds for full months unused, should you want to cancel prepaid service. If you decide to cancel after prepayment, you will not receive a refund for the current month in use (We do not give partial months refunds).

This only applies to cancellation by the client. If cancellation is done by Cactus Hosting due to restrictions violation, there will be no refund. Cactus Hosting will only allow for the discount if cancellation is not the fault of the client, as determined by Cactus Hosting. All monetary transactions are in $US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. Cactus Hosting reserves the right to change prices at any time.

2. Account Cancellation

You may cancel at anytime. To cancel your account, please contact Customer Service at support@Cactus Hosting.com. Notification of cancellation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Client's Responsibility to secure email confirmation from Cactus Hosting that the account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be charged.

If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.

3. Indemnification Policy

You agree to use all Cactus Hosting services and facilities at your own risk. Cactus Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Cactus Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Cactus Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Cactus Hosting, 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, it’s agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless Cactus Hosting against liabilities arising out of:

1. Any injury to person or property caused by any products sold or otherwise distributed in connection with Cactus Hosting’s server;
2. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
3. Copyright infringement
4. Any defective products sold to customer from Cactus Hosting’s server.

Cactus Hosting shall be the sole judge of what violates this Policy.

4. SPAM Policy

Cactus Hosting is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Cactus Hosting network, by customers or any other users of the Cactus Hosting network; AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the Cactus Hosting server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an Cactus Hosting email address or web site URL is prohibited. The use of Cactus Hosting servers as a mail drop for responses to activities described above is also prohibited.

If you have any complaints or comments regarding Spam on our network, please direct them via email to support@Cactus Hosting.com

5. Content Policy

All services provided by Cactus Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Cactus Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all Cactus Hosting servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Cactus Hosting will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Cactus Hosting servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

Pirated software, cracking programs, warez sites, etc.

Any sites that contains illegal content in them, and are not caught by Cactus Hosting will take full responsabilities for their sites contents.

Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.

Cactus Hosting will be the sole arbiter as to what constitutes a violation of this provision.

6. Email Policy

Cactus Hosting may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 25 email addresses or more than 10 news groups.

7. CGI Scripts Policy

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, [as long as they are not on our banned script's list] however we reserve the right to disable any CGI script that effects normal server operation or service to other Cactus Hosting customers. You will be notified in 24 hours about offending cgi script. No chat room or similar scripts allowed.

Cactus Hosting is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function. Please don't expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.

8. Traffic Policy

Cactus Hosting allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Cactus Hosting customers are discouraged from storing any files that cause excessive traffic on Cactus Hosting servers. Please contact Cactus Hosting Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to Cactus Hosting or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $3.00 for each gig of traffic exceeded. You will NOT be charged for transfer that you use beyond our generous data transfer limits without prior notification. You can monitor your transfer at anytime in your Control Panel.

9. Backups

The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. We do not back up client accounts, so in the event of loss of data you should have your own backups.

10. Privacy Policy

When Subscriber orders from Cactus Hosting, Personal Data Transmissions a re encrypted. When Subscriber orders from Cactus Hosting, all of Subscriber's personal information is protected. Cactus Hosting uses Secure Sockets Layer (SSL), the industry standard, for encrypting all personal information, including name, address and credit card numbers.

With the exception of trusted business affiliates and/or associates who work on behalf of or in connection with Cactus Hosting, subject to specific confidentiality agreements, Cactus Hosting will not provide or sell to any third party your personal information and will keep all Subscriber information confidential.

Cactus Hosting reserves the right to amend our Terms and Conditions at any time and without notice.