We serve Ellisras (Lephalale), Naboomspruit (Mookgophong), Nylstroom (Modimolle), Pietersburg (Polokwane), Potgietersrus (Mokopane), Vaalwater (Mabatlane), Warmbad (Bela Bela)
Terms and Conditions
The use of services from Cherry Pickle, LLC [hereafter referred to as "Cherry Pickle"] constitutes agreement to these terms.
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 Cherry Pickle, it is your
responsibility to ensure that the contact information for your domain account and
your actual domain name(s) is correct and up-
Transfers
Our transfers team will make every effort to help you move your site to
us. However, 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.
The free transfer services are available for 30 days from your sign up date. 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.
Content
All services provided by Cherry Pickle may only be used for lawful purposes.
The laws of the Mogalakwena district, and South Africa apply.
The customer agrees to indemnify and hold harmless Cherry Pickle 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 another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@cherrypickle.com with the information required. 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-
· File Dump/Mirror Scripts (similar to rapidshare)
· Commercial Audio Streaming (more than one or two streams)
· Escrow/Bank Debentures
· High-
· Investment Sites (FOREX, E-
· Sale of any controlled substance without prior proof of appropriate permit(s)
· Prime Banks Programs
· Lottery/Gambling Sites
· MUDs/RPGs/PBBGs
· 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-
· Mailer Pro
· Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
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-
· Investment Sites (FOREX, E-
· Sale of any controlled substance without prior proof of appropriate permit(s)
· Prime Banks Programs
· Lottery/Gambling 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-
· Mailer Pro
· Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Cherry Pickle services, including all related equipment, networks and network devices are provided only for authorized customer use. Cherry Pickle 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 Cherry Pickle 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. Cherry Pickle 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.
Sites hosted on Cherry Pickle's service(s) are regulated only by U.S. and South African law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. Cherry Pickle is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US or South African Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.
The language of Section 230(c) of the Communications Decency Act fundamentally states
that Internet services providers like Cherry Pickle and many of Cherry Pickle's other
webhosting services and brands are republishers and not the publisher of content.
Our service merely provides a hosting platform and space on which to host content,
and any creation or publication of content on our services is the sole responsibility
of the third-
If in doubt regarding the acceptability of your site or service, please contact us at abuse@cherrypickle.com 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.
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.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited
e-
Please read http://www.Cherry Pickle/mailpolicy.html for our generalized mail policy.
Please read http://www.Cherry Pickle/dedicated-
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, 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.
Cherry Pickle 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.
Cherry Pickle reserves the right to charge the holder of the account used to send
any unsolicited e-
Payment Information
You agree to supply appropriate payment for the services received
from Cherry Pickle, in advance of the time period during which such services are
provided. You agree that until and unless you notify Cherry Pickle 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 Cherry Pickle 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. Once we receive your cancellation and have
confirmed all necessary information with you via e-
As a client of Cherry Pickle, 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 Cherry Pickle of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Cherry Pickle. Cherry Pickle reserves the right to bill your credit card or billing information on file with us. Cherry Pickle 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 R 50 late fee and/or an account suspension until account balance has been paid in full. The R 50 late fee is applied in addition to whatever else is owed to Cherry Pickle 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 sales@cherrypickle.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 Cherry Pickle cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.
Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer's responsibility to notify our sales team via email at sales@cherrypickle.com for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations and renewals are final.
Cherry Pickle reserves the right to change the monthly payment amount and any other charges at anytime.
Backups and Data Loss
Your use of this service is at your sole risk. Our backup service
is ran on Sunday of each week, overwrites any of our previous backups made, and only
one week of backups are kept. This service is provided to you as a courtesy. Cherry
Pickle 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 Cherry Pickle servers.
Cancellations and Refunds
Cherry Pickle 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 by notifying us in writing.
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-
Violations of the Terms of Service will waive the refund policy.
Resource Usage
User may not:
1) 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.
2) Run stand-
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared
servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5)
Run any bit torrent application, tracker, or client. You may link to legal torrents
off-
6) Participate in
any file-
7) Run any gaming servers such as counter-
8) Run cron entries with intervals of less than 15
minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed
appropriately.
10) 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")
11) To help reduce usage, do not force html to handle server-
12) Only use https protocol when necessary; encrypting
and decrypting communications is noticeably more CPU-
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-
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.
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.
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.
Money back Guarantee
On dedicated servers and collocation no full refund will be honored
-
Cherry Pickle will not activate new orders or activate new packages for customers who have an outstanding balance with Cherry Pickle. 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 Cherry Pickle in writing.
Uptime Guarantee
If your 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 Cherry Pickle dependent 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 sales@cherrypickel.com with justification. All
requests must be made in writing via email. 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.
Dedicated Servers
Cherry Pickle 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. Cherry Pickle 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 simplest
solution. Please contact sales@cherrypickle.com if you wish to obtain a secondary
hard drive. It is your responsibility to maintain backups.
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 Cherry Pickle, and the right to increase
the amount of resources given to plans at any time.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Cherry
Pickle harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against Cherry Pickle, 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
Cherry Pickle against liabilities arising out of; (1) any injury to person or property
caused by any products sold or otherwise distributed in connection with Cherry Pickle;
(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 Cherry Pickle's server.
Arbitration By using any Cherry Pickle services, you agree to submit to binding arbitration. If any disputes or claims arise against Cherry Pickle or its subsidiaries, such disputes will be handled by an arbitrator of Cherry Pickle's choice. 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. You are also responsible for any and all costs related to such arbitration.
Disclaimer
Cherry Pickle shall not be responsible for any damages your business may
suffer. Cherry Pickle makes no warranties of any kind, expressed or implied for services
we provide. Cherry Pickle 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 Cherry Pickle and
its employees.
Disclosure to law enforcement
Cherry Pickle 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.
Changes to the TOS
Cherry Pickle reserves the right to revise its policies at any
time without notice.