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PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING
ON THE BUTTON ON THE ORDER FORM, YOU ARE AGREEING
TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL
TERMS AND CONDITIONS. YOUR USE OF THE SERVICES CONSTITUTES
ACCEPTANCE OF THIS AGREEMENT.
The company "Host595.com" shall be
known throughout this document as "Host595".
Host595 agrees to furnish services to the Subscriber,
subject to the following Acceptable Use Policy (AUP)
and Terms of Service (TOS).
Host595 reserves the right, in its sole discretion,
to terminate this Agreement immediately and without
prior notice or immediately suspend and/or cancel
permanently any and all services provided to the user
upon any breach of this Agreement by the user.
CONTENT
Host595 does not allow any of the following content
to be stored on its servers:
Illegal Material - This includes but is not limited
to copyrighted works, commercial audio, video, or
music files, and material in violation of any Federal,
State or Local regulation.
Adult Material - Includes all pornography, erotic
images, or otherwise lewd or obscene content. The
designation of "adult material" is left
entirely to the discretion of Host595.
Warez - Includes pirated software, ROMS, emulators,
phreaking, hacking, password cracking, IP spoofing,
etc., and the encrypting of any of these. Unacceptable
sites also include any which provide "links to"
or "how to" information about proscribed
material as defined above.
Running any bit-torrent / P2P application is strictly prohibited.
Running of public file exchange services is strictly prohibited.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.
COPYRIGHTED MATERIAL
POLICY
If any copyrighted material other than the holder
of the account's own is to be stored on a Host595
server, Host595 must receive a signed photocopy or
original letter giving explicit, specific permission
from the copyright holder.
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor
utilization. Host595 may implement the following
policy to its sole discretion:
When a website is found to be using excessive resources
available, Host595 reserves the right to suspend
that site immediately. This policy is only implemented
in extreme circumstances and is intended to prevent
the misuse of our servers. Customers may be offered
an option whereby Host595 continues hosting the website
for an additional fee.
PAYMENT POLICIES
Hosting prepayments are nonrefundable past 30 day money back period. You must request cancellation prior to the start of your next billing cycle to prevent charges from being assessed. Although
Host595 reserves the right to change prices of accounts
or services at any time, all pricing is guaranteed
for the period of prepayment. Payment is due each
anniversary of the billing period following the date
the account was established. Customers will automatically
be charged again at the end of their prepay period
unless closure request has been made 5-7 business
days prior to ending of the prepay period. All cancellation
request must be made through client's area by clicking
the link 'Request Cancellation' in the 'My Hosting
Packages' area.
In situations where the credit card number on file
is declined, Host595 will make multiple attempts
to charge again within the next 7 days. Invoices that
are 7 days past due dates will have the account suspended
imediately until the outstanding invoice is processed
successfully. Overdue invoice(s), if not paid within
10 days of the invoice due date, will have a $10 late
fee added to the invoice(s). Accounts which are past
due by 30 days are subject to termination of all services
provided by Host595 and will be removed completely
from our server(s). Host595 will make every attempt
to notify the client via email which is listed in
the members area. The customer is responsible for
all money owed on the account from the time it was
established to the time that a written cancellation
request is received.
If you improperly charge back for services rendered, Your account will be terminated and a $75.00 charge back fee will be added to the amount charged back by you.
CANCELLATION AND REFUNDS
Host595 reserves the right to cancel the service
at any time. In this event customers will be entitled
to a pro rata refund based upon their remaining period
of membership. If a customer contravenes Host595
terms of service and incurs cancellation, a refund
will not be issued after the 30 days period of initial
signup.
30 DAYS MONEY BACK GUARANTEE
Host595 offers an unconditional money back guarantee
on its hosting services. Should you decide to cancel
your account within the initial 30 day period, you
will receive a full refund on the hosting fees. Domain
names registered through our services will be subject
to a $20 year domain registration fee.The registration
fees cannot be waived; arrangements can, however,
be made to transfer the domain name to your new provider.
Therefore, the registration service fees are non-refundable.
SPAM OR UNSOLICITED
E-MAIL
Host595 takes a zero tolerance approach against UCE
and SPAM.
- UCE is the term used for Unsolicited Commercial
Emails.
- SPAM is the term used for Mass Unsolicited Emails.
Host595 strictly prohibits the sending of SPAM and
UCE from our servers. Usually these are promotions
or advertisements sent in bulk to the email addresses
of the people who have not requested this information.
Customers found to be in violation of this policy
will face severe penalties; Host595 reserves the
right to charge a penalty of up to $500 and permanently
cancel any and all services provided to the user.
ABUSE
Any attempts to undermine, slander, libel, threaten,
or cause harm to a Host595 server, customer, employee,
or the company directly/indirectly is strictly prohibited
and is grounds for immediate termination without refund.
In addition, we will pursue all attempts to the fullest
extent of the law.
INDEMNIFICATION
Customer agrees to defend, indemnify, save and hold
Host595 harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's
fees asserted against Host595, 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 Host595 against liabilities arising
out of; (1) any injury to person or property caused
by any products sold or otherwise distributed in connection
with Host595 servers; (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
the Customer from a Host595 server. Customer agrees
to limit the liability of Host595 to the amount paid
for service.
DISCLAIMER
Host595 will not be responsible for any damages your
business may suffer. Host595 makes no warranties
of any kind, expressed or implied, for services we
provide. Host595 disclaims any warranty or merchantability
or fitness for a particular purpose. This includes
loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions
caused by Host595 and its employees. Host595 makes
no server "uptime" guarantees*.
Host595 performs immediate backups of all servers
via mirroring drives. Host595 can accept no responsibility
for any loss of data or consequences arising from
this. Host595 always advises clients to back up their
site data regularly for its own protection.
Customer hereby represents that he, she or it is either,
an individual entering this Agreement for his or her
personal use and is over 18 years of age, or a corporation,
limited partnership or other legal entity, duly organized,
validly existing and in good standing under the laws
of the state of its organization and the person acting
on behalf of Customer is duly authorized to accept,
execute and deliver this Agreement on behalf of Customer.
Failure to comply with any of our terms and conditions
will result in grounds for immediate account termination.
Host595 reserves the right to change, edit, or update
the policies contained in this document at any time
for any reason without notice.
* 99.9% Network Uptime.
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