Hosting Terms & Conditions
Table of Contents
Acceptable Use Policy/Client Content
Unilateral Service Revocation
Material & Indemnification
Refusal of Service
1. SERVICE DESCRIPTION:
The Client has ordered, and Company agrees to provide (upon acceptance of the Client’s purchase request), the Services pursuant to the Service Options selected by the Client. As part of the Services, Company will configure, install, house, maintain, upgrade, monitor, modify and operate the computer equipment, server(s), operating software, network equipment and components (collectively, “Company’s Systems”) as necessary to host and serve the Client’s Content (as defined below) via the Internet in accordance with the Service Options. The Client acknowledges that, as a part of Company’s Systems, Company may retain one or more third-party service providers to supply the necessary facilities, equipment, and connectivity to provide the Services hereunder. Subject to the specific terms of this Agreement, Company retains sole right and control over the programming, content and conduct on Company’s Systems. The Client is responsible for securing and maintaining his own Internet connectivity to access Company’s Systems.
2. Acceptable Use Policy/Client Content:
The Client shall at all times adhere to all applicable laws, rules and regulations and to Company’s Acceptable Use Policy. Any breach of this Policy by the Client will entitle Company to elect to terminate this Agreement, without notice to the Client.
Client may only use Company’s server(s) and service(s) for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.
Client hereby agrees that all domain names and any material submitted for publication on Company’s servers through client’s account(s) will not contain anything leading to an abusive or unethical use of the web hosting product(s), the host server(s) or any other service provided by Company. Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, hacking, warez, and any harassing, offensive and/or harmful materials or uses. Company management retains the right and final opinion regarding whether any portion of a site falls within one of these categories. Client hereby agrees to indemnify and hold harmless Company from any claim resulting from your publication of materials or your use of those materials. Violations of Company’s Terms Of Service and Acceptable Use Policy may result in immediate account termination and Company reserves the right to charge up to $50.00 clean-up fee.
Company may inspect the Client Content or investigate any alleged violation of this Agreement, Company’s policies or any third-party complaints. Company will not access or review the contents of any e-mail or other stored electronic communications except as required or permitted by applicable law or legal process. In the event that Company determines in its sole and reasonable discretion that any the Client Content or conduct or actions of the Client (including its employees and users) are objectionable, unlawful, potentially infringing or otherwise violate this Agreement, the Acceptable Use Policy, or other applicable policy, Company may take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, the Clients and/or third parties. Such corrective action includes, but is not limited to: (a) issuing a warning; (b) immediately suspending or terminating the Services; (c) restricting or prohibiting access to any the Client Content that is objectionable or otherwise violates this Agreement or applicable policy; and/or (d) disabling or removing hypertext links, the Client Content or the content of any third party from Company’s Systems. In the event Company takes corrective action, Company shall not refund any fees paid in advance of such corrective action. Without limiting the foregoing, it is Company’s policy to terminate its services for repeated violations of Company’s Acceptable Use Policy. The Client agrees that Company is not liable for any defamatory or illegal content or any content contrary to Company’s Acceptable Use Policy. The Client warrants to indemnify Company for any and all liability, damages, awards of costs (on an indemnity basis or otherwise), legal costs (on a solicitor-client basis) and disbursements (including barristers’ fees) arising by way of the provision of Company’s Services and Systems to the Client resulting in the perpetuation of any defamatory material, or the infringement of any third parties’ intellectual property rights, or the breach or violation of any other applicable law as a result of the Client Content.
To comply with applicable laws and lawful governmental requests, to protect Company’s Systems and Company’s Clients, or to ensure the integrity and operation of Company’s business and systems, Company may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (ie. name, e-mail address, etc.), IP addressing and traffic information, usage history, and the Client Content residing on Company’s Systems.
Company will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Clients who violate systems or network security may incur criminal or civil liability. Company reserves the right to charge an administrative fee of up to $599 to investigate.
2a. Security Updates:
Client is solely responsible for all content residing or stored on Company’s server(s) and hereby acknowledges his duty to update, fix, patch or any other way guarantee any and all affected software, code or other application has been updated to the latest exploit-free version within 24 hours from the release or publication of a vulnerability of the affected software. This includes, but is not limited to, software related to WordPress, Magento, Drupal, Joomla, and WordPress (or other) Plugins and Add-Ons.
To maintain Company’s network integrity and if Client’s software at issue has not been updated or patched within 24 hours past publication of the vulnerability, Company reserves the right to either a ) apply all necessary updates, fix any other obvious security holes, and bill the Client’s account at Company’s hourly without further notice or Client approval or b } if the procedure outlined in a) is unattainable, to suspend or terminate Client’s site(s) service immediately and without notice.
2b. SPAM (unsolicited email):
Company has a strict NO SPAM policy. If you have any plans of sending out SPAM, regardless of what server/computer sends it out it, please do not continue with the order. Any account that ignores this policy and sends SPAM anyway will be terminated and all payments wil be forfeited. In other words, the account would be billed, and no refunds would be allowed. By completing this contract, Client agrees to not send any SPAM related or unrelated to Client’s site from any computer utilizing Company’s resources.
By agreeing to Company’s Hosting Terms & Conditions (this document) Client also agrees to Company’s Anti SPAM Policy.
2c. ADULT SITES/Adult Content:
Company does NOT host adult sites, nor sites which generally would be perceived as being of adult nature based on language, content, photos, images, including nudity of any form. If any of these occur on an account, the same account termination procedures and forfeitures apply as indicated above on line 2a.
2d. ILLEGAL INFORMATION:
Company does NOT host any site which contains or promotes illegal products or information of any kind. If any of these occur on an account, the same account termination procedures and forfeitures apply as indicated above on line 2a.
2e. Unlawful and harmful content:
Client’s content shall not contain:any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Company reserves the right to deactivate the offending code, script and/or software or to terminate Client’s site(s) service immediately.
2f. Indirect Storage and/or Processing:
Company does not allow our servers to be used as a storage location for download or access of files of any type (.exe, .doc, .pdf, .zip, .rar, .htm, .gif, .jpg etc.) that are not directly related to the Client’s account(s). Also, Company does not allow Company’s servers to be used to process scripts and forms which do not directly relate to a Client’s account and/or content.
You are free to use any CGI scripts you wish, as long as it does not negatively affect another site on the internet, nor can it be used for anything illegal. Company reserves the right to disable any CGI script(s) or script access on a Client’s account.
2h. LOG FILES:
Log files may be kept and deleted on a periodic basis. Client is responsible for downloading log files if Client needs the log files. It is recommended that Clients who wish to maintain a history of their log files download them monthly.
2i. CPU, MEMORY, DISK SPACE:
It is a violation for anyone to post information or to include programs, scripts, images on the web space provided through the Company services which consume excessive bandwidth, CPU time or storage space. If Client’s site(s) violate this agreement, Company reserves the right to deactivate the offending program, script and/or software or to terminate Client’s site(s) service immediately. Extremely excessive disk space usage is not permitted.
The application and this Agreement constitute a binding contract between Company and the Client and do not extend to any other person or entity. Cancellations after the application is received and requested services have been set up and/or configured will still hold the Client responsible for costs incurred by Company concerning the set-up of the requested service(s).
With respect to the service to be provided herein, the Client acknowledges that Company makes absolutely no warranties whatsoever, express or implied. As a result, the Client agrees that Company shall not be liable to the Client for any claims or damages which may be suffered by the Client, including, but not limited to, losses or damages resulting from the loss of data (including database data in any format), email data, delays, non-deliveries, or service interruptions. The Client also acknowledges that by using any shopping cart or E-Commerce system, whether provided by Company or not, Company will not be held responsible for charge backs, errors, loss of revenue, loss of data, web server failure, downtime, or any disputes that may arise from the use of any shopping cart or E-Commerce system. Client understands and agrees that occasional temporary interruption of any Internet Services may occur as normal events in the provision of services. Company will make every attempt to prevent such interruptions, but under no circumstances will Company be held liable for any damages (financial or other) due to any interruptions. In no event will Company be held liable to Client or any other person for any incidental, consequential, or punitive damages of any kind, including, without limitations, refund of fees, loss of profits, loss of income, or cost of replacement services.
The utilization of any data or information received by the Client from the utilization of the service to be provided by Company is at the Client’s sole and absolute risk. Company specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.
Any set-up fee (when applicable) is due at the time the application is filled out, and submitted to Company. Subsequent payments are due according to the selected fee schedule following the establishment of the web space on the Internet. Web space/Hosting fees will be billed a minimum of one (1) month in advance depending on the selected fee schedule. Subsequent payments are due on the renewal date per the selected fee schedule. In the event that the Customer fails to pay for such services in advance, Company shall be entitled to unilaterally terminate this Agreement and discontinue or suspend the service until payment is made.
Client grants Company permission to charge payments to Client’s Credit Card beginning on CONTRACT DATE.
6a. Contract Renewal:
All contracts are automatically renewed for another term unless a written notice of cancellation submitted through our cancellation form at least two weeks in advance of the renewal date / anniversary date. If no correct notice of cancellation is given, all contracts will be automatically renewed for another term under the same conditions. If Client disputes justified charges by Company and/or its subsidiaries on his credit card, Company has the right to charge a $25 administration fee and immediately discontinue service. Company reserves the right to refuse service to anyone at any time. Company reserves the right, in its sole discretion, to deactivate your account(s) without further warning upon an indication of credit problems including delinquent payments, or if this service contract is violated, or if Client’s account or the traffic on this account causes any kind of network or server problem or disturbances.
6b. Declined Credit Cards/Overdue Payments:
In case of a Credit Card decline, unless the decline was merely due to an expired Card, Company charges a $5 decline fee and Client must submit within 72 hours a new, valid Credit or Debit Card to Company. If Client fails to do so, Company will suspend service for the account and a $35 reconnection fee applies to reinstate service. If customer fails to submit a valid Credit or Debit Card within 30 days of the account suspension, the account will be terminated and all data will be deleted from Company’s server. Termination for failure to pay does not relieve the Client of any contractual obligations to the Company or the obligation to pay any amounts due to the Company.
6c. MISCELLANEOUS FEES:
If the Company is required to move a domain or installation to an alternate server managed by Company or different Hosting Package on one of Company’s servers due to a Client request for a service upgrade or downgrade, such as addition of E-Commerce capabilities, SSL Certificate transfers or significant changes in E-Mail requirements, Client will be subject to a $15 Service Switch Fee. If Company registers a domain name on behalf of Client, and Client subsequently requests to host the domain with another web hosting company, Client can choose to transfer the domain name to a registrar of their choice, at a one-time cost of $25.
7. UNILATERAL SERVICE REVOCATION:
In the event that Company may at any time believe that the service is being utilized for unlawful purposes by the Client or in contravention with the terms and provisions herewith, Company may immediately discontinue such service to the Client without liability.
8. MATERIAL and INDEMNIFICATION:
Client hereby agrees that all domain names and any material submitted for publication on Company’s server(s) through Client’s account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Client hereby agrees to indemnify and hold harmless Company for any claim resulting from the submission of illegal materials, any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against Company on the grounds of such violation. Violations to Company’s Terms Of Service will result in immediate account termination and Company reserves the right to charge up to $50.00 clean-up fee.
9. CHANGES IN TERMS OF AGREEMENT:
Company reserves the right to make changes to the terms and conditions of this Agreement. It is the Client’s responsibility to periodically review the Web Hosting Contract and Terms of Service Agreement). Utilization of the service by the Client following the effective date of such change shall constitute acceptance by the Client of such change(s).
10. ENTIRE AGREEMENT AND UNDERSTANDING:
This instrument and the application for above services constitute the entire Agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
11. GOVERNING LAW:
This Agreement shall be governed by the laws of the State of Nevada in the United States of America. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect.
12. ATTORNEYS’ FEES:
In the event of arbitration, suit or action (collectively “Action”) instituted to enforce this Agreement, or with respect to this Agreement or any documents described in this Agreement, the prevailing party shall be reimbursed by the other party for any and all costs and expenses incurred in connection with the Action, including, but not limited to, reasonable attorneys’ fees at any hearing or trial and on appeal.
13. REFUSAL OF SERVICE:
Company reserves the right to refuse or cancel service at Company’s sole discretion. Failure to comply with any of Company’s policies will result in immediate termination of services. No refunds will be issued under these circumstances.
Questions or Suggestions
This document was last updated Feb 3, 2017