HostM agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of HostM Service constitutes acceptance and agreement to HostM’s AUP as well as HostM’s TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of HostM and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
Illegal Activities: The AUP specifically prohibits the use of our service for illegal activities. Therefore, with respect to the involvement of illegal activity, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition HostM shall have the right to terminate all service set forth in this Agreement.
Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the subscribed billing interval for that interval's service.
Payments and Fees: Service may be interrupted on accounts that are past due. If you desire to cancel your account, please follow the proper procedure to do this as outlined in these Terms of Service.
Refund and Disputes: We offer a 30-day money-back guarantee on new hosting account sign-ups, and a 7-day money-back guarantee on new GeoTrust RapidSSL certificates. Domain name registrations are non-refundable (even if recently registered, renewed or transferred) because domain registrations and their associated costs cannot be reversed with the central domain registries. With the exception of the aforementioned money-back guarantees, all products and services are non-refundable. If there are extenuating circumstances, please contact us as soon as possible via the Client Lounge.
Failure to Pay: The Company may temporarily deny or terminate all services upon any full or partial chargeback or reversal of funds, or the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Account Cancellation: Requests for cancelling hosting accounts must be made at least 7 days prior to the next renewal date of the hosting account. Clients must log into the Client Lounge and open a new Client Care ticket requesting cancellation for each hosting account that they wish to cancel. All pre-paid subscription fees, including renewal fees that have already been processed are non-refundable upon cancellation, the only exception being if cancellation is made within the first 30 days of the opening of the first hosting account by the client concerned, as per the money-back guarantee.
Unexpected Service Interruptions: Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain, including any form of hardware or software failure. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Responsibility for Backing Up Customer Hosted Data: HostM strongly recommends that all data (including web sites, email and databases) hosted within the customer’s account be regularly backed up by the customer to a separate physical location. HostM cannot be held responsible for backups of customer hosted data. In the event of an event such as a hardware or software failure resulting in the loss of any hosted data, HostM engineers will first attempt to restore data from HostM’s own nightly backups, if deemed usable. Depending on the severity of the issue and amount of data affected, this process may take anywhere from several hours to multiple calendar days, depending on the severity of the hardware/software failure as well as hardware/software availability. However, should it not be technically possible to perform such a restoration, HostM is not responsible for restoring any of the lost data, beyond the re-creation of the hosting accounts in a fresh state, in order to allow the customer to restore data from their own backups.
Support Boundaries: HostM provides 24 x 7 technical support to our subscribers, strictly related to your virtual site physical functioning. HostM does not offer tech support for web design and development, application specific issues such as cgi programming, HTML or any other such issue. If you are able to log into your hosting account and have other questions, the answers may be on our home page at https://www.HostM/faq.m - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question. Please do investigate these resources before sending a support ticket. All support is strictly provided via the Client Lounge only for security reasons. We do not provide support via any other means, including phone, email or fax support.
Domain Name Registrants’ Rights
Your domain name registration and any privacy/proxy services you may use in conjunction with it must be subject to a Registration Agreement with an ICANN Accredited Registrar.
You are entitled to review this Registration Agreement at any time, and download a copy for your records.
You are entitled to accurate and accessible information about:
The identity of your ICANN Accredited Registrar;
The identity of any proxy or privacy service provider affiliated with your Registrar;
Your Registrar’s terms and conditions, including pricing information, applicable to domain name registrations;
The terms and conditions, including pricing information, applicable to any privacy services offered by your Registrar;
The customer support services offered by your Registrar and the privacy services provider, and how to access them;
How to raise concerns and resolve disputes with your Registrar and any privacy services offered by them; and
Instructions that explain your Registrar’s processes for registering, managing, transferring, renewing, and restoring your domain name registrations, including through any proxy or privacy services made available by your Registrar.
You shall not be subject to false advertising or deceptive practices by your Registrar or though any proxy or privacy services made available by your Registrar. This includes deceptive notices, hidden fees, and any practices that are illegal under the consumer protection law of your residence.
Domain Name Registrants’ Responsibilities
You must comply with the terms and conditions posted by your Registrar, including applicable policies from your Registrar, the Registry and ICANN.
You must review your Registrar’s current Registration Agreement, along with any updates.
You will assume sole responsibility for the registration and use of your domain name.
You must provide accurate information for publication in directories such as WHOIS, and promptly update this to reflect any changes.
You must respond to inquiries from your Registrar within fifteen (15) days, and keep your Registrar account data current. If you choose to have your domain name registration renew automatically, you must also keep your payment information current.
Domain Renewal and Redemption: Domain names are not automatically renewed unless otherwise specified. Upon expiration of a domain name, the central domain registry immediately disconnects the link between the domain name and its hosting account and/or other services, thereby disrupting all related services such as web and email, regardless of whether the hosting service remains fully functional. A grace period of up to 30-45 days may be provided whereby the domain name may be renewed at the then-current domain registration rate, after which the domain name enters a Redemption Period lasting up to 30-40 days whereby the domain name may be redeemed at a significantly higher rate of at least 350 USD excluding taxes. As such, we strongly recommend renewing domains that you wish to keep prior to their expiry dates.
Spam and Unsolicited Commercial Email (UCE): HostM takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over our network. Very simply this means that customers of HostM may not use or permit others to use our network to transact in UCE. Customers of HostM may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of HostM’s spam policy will result in severe penalties. Upon notification of an alleged violation of our spam policy, HostM will initiate an immediate investigation. During the investigation, HostM may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, HostM may, at its sole discretion, restrict, suspend or terminate customer's account. Further, HostM reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. HostM will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an administrative fee of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an administrative fee of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these administrative penalties, they will pay research fees not to exceed $175 per hour that HostM personnel must spend to investigate the matter.
IP Address Ownership: If HostM assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to HostM, and Customer shall have no right to use that Internet Protocol address except as permitted by HostM in its sole discretion in connection with the Services, during the term of this Agreement. HostM shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by HostM, and HostM reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses.
Data Transfer and Disk Usage: Customer agrees that data transfer and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). HostM will monitor Customer's data transfer and disk usage. HostM shall have the right to take corrective action if Customer's data transfer or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in HostM’s sole and absolute discretion. If HostM takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, HostM may, at its sole discretion, collect a deposit, in an amount determined by HostM, against customer's credit card on file with HostM. Customer's account may be moved among various locations depending on their data transfer and/or disk usage, which may cause changes in access speeds from the Customer's and/or their users' locations. Customer accounts that are deemed by HostM to utilize large amounts of disk space may be excluded from our automatic nightly backup schedule, so as to maintain system stability.
Unlimited Data Transfer and Disk Usage: For service offerings that include unlimited data transfer and disk usage, the Customer must continue to abide by our Acceptable Use Policy and Terms of Service. Usage activity that violates our Acceptable Use Policy, Terms of Service, or is otherwise deemed by HostM to be abusive in nature can result in account suspension or termination.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the HostM Network. Violations of system or network security may result in civil or criminal liability. HostM will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation:
HostM is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
Users that HostM determines to have committed a violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without notice.
We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network.
Suspension of Service or Cancellation: HostM reserves the right to suspend services to any customer if in the judgment of the HostM network administrators the customer's account is the source or target of the violation of any of the other terms of the AUP or for any other reason which HostM chooses, including full or partial chargebacks or reversal of funds. If inappropriate or illegal activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's services were suspended.
Indemnification: HostM wishes to emphasize that in agreeing to the HostM Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies HostM for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to HostM or the bringing of any claim against HostM by any third-party. This means that if HostM is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against HostM, plus all costs and attorney's fees.
Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
HostM takes no responsibility for any material input by others and not posted to the HostM Network by HostM. HostM is not responsible for the content of any other websites linked to the HostM Network; links are provided as Internet navigation tools only. HostM disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
HostM is not responsible for any damages your business may suffer. HostM does not make implied or written warranties for any of our services. HostM denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by HostM.
It is absolutely forbidden to host pornographic content, IRC servers, and anonymous proxies on each hosting account. Hosting accounts found hosting this material will be subject to immediate cancellation without refund.
Infancy: You attest that you are of legal age to enter into this Terms of Service.
Responsibility for Content: You, as HostM’s customer, are solely responsible for the content stored on and served by your HostM account.