The following terms and conditions (these "Terms") govern the provision by HostUS ("Company") of the services and/or products referred collectively herein as ("Services and Products") described on the Server Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the "Service Descriptions") and defined in any of the Company’s product support listing, to the customer ("Customer") identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this "Agreement." HostUS reserves the right to change and update this document as needs change or arise.
Jurisdiction and Jurisdictional Disputes, Legal Responsibilities. The parties expressly recognize that, where HostUS is acting solely as Customer's host, HostUS is not engaged in, and is not actively soliciting, interstate or international commerce for said Customer. Where HostUS is a named party to any type of dispute or litigation involving any acts by Customer that affect out-of-state persons or entities, Customer agrees that it shall indemnify, hold HostUS harmless, defend HostUS exhaustively (including all legal cost(s), and challenge the jurisdiction of out of state authorities over HostUS). Any threat of legal action against HostUS will result in immediate account and service termination without refund.
Limitation on Company Liability. Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products (including server interruption) to Customer(s) resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
Storage & Backups. HostUS shall store Customer’s web sites, files, email and databases on their servers. The parties expressly recognize that internet servers and links are susceptible to crashes, down time, vulnerabilities and that from time to time HostUS may need to preform maintenance on their services. Customers with unmanaged services are to manage their own backups at their own expense. HostUS is not responsible for data that customer may have lost due to said crashes, down time or vulnerabilities. Due to the nature of computer hardware, HostUS is not liable for any data loss occured.
Maintenance. HostUS may temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems, or whatever it deems necessary to maintain adequate services. However, HostUS shall provide prior notice within 24 hours for all scheduled maintenance. Emergency maintenance may be carried out at any time, with or without notification. Invalid rDNS records may be removed at our sole discretion. For all customers, efforts must be made to ensure that their service do not get listed, banned or blocked, by any firewalls or blacklists. HostUS will not be able to provide a replacement IP address for actions caused by customer's negligence.
Bandwidth & Network. HostUS agrees that it shall maintain a minimum of 1Gbps connections to its servers. However, HostUS does not guarantee any response rate or download speed beyond our control, as this is depending on Customer's and End User's internet connections; HostUS does NOT guarantee a set internet speed. HostUS recommends, however, that the customer should take advantage of HostUS network looking glasses, prior to placing an order with HostUS. HostUS does not guarantee that any IP address space will be globally accessible due to factors out of our control.
- Bandwidth Quota. Services are suspended after reaching 100% bandwidth quota in any given month, unsuspension occurs within the first three business days of each calendar month. Customer's refund rights will be voided if more than 10% of package's bandwidth quota is used.
- DDoS Protection. HostUS offers DDoS protection to services in selected datacenters as a complimentary service. This service is not guaranteed and HostUS may blackhole targeted IP(s) or suspend targeted service if attack traffic bypasses our mitigation facilities. HostUS reserves the right to suspend or terminate services that are frequent targets of DDoS attacks. A service will be suspended if it sends or originates any DDoS attack. Service re-activation or termination after the suspension will be at our sole discretion.
Security. The parties expressly recognize that it is impossible to maintain flawless security, therefore the customer is solely responsible for properly securing their hosting service provided by HostUS including changing initial passwords and making any security adjustments and patches over time. Customer is solely responsible for any damage caused by such unauthorized access, and Customer indemnifies and holds HostUS harmless for any compromise of Customer’s security that resulted from their own actions, the actions of HostUS or the actions of any third party.
Billing. Invoices for recurring services are generated at least seven days in advance of the due date. Invoices past due by three days incur a late fee of 12% of invoice total or $2 (whichever is greater) unless prior arrangements have been made to billing department. Overdue services are subject to Suspension and Termination.
Refunds. Refunds are available for hosting and unmanaged virtual private servers within 3 days from the signup date by new customers. Prior established customers will receive refund in the form of HostUS account credit. Licenses, domains, IP addresses, SSLs and management services are not eligible for refunds. Payments made by bitcoin cannot be refunded and can only be added as account balance.
Disputes & Chargeback. Raising a billing dispute, claim or chargeback with our payment processors may result in instant suspension or termination of all services within the customer account. Customer account details may also be reported to FraudRecord.com and/or law enforcement agencies.
Account Credit. Account credits are automatically applied to new invoices until exhausted. Account credit "Add Funds" invoices may be requested from the billing department, given the account is in good standing. If an account has a positive credit balance, it will be displayed in the client area. Account credits do not expire and may not be withdrawn.
Service Migration & Transfers.
- cPanel Account Migrations. cPanel shared hosting accounts are eligible for a free migration of one account; cPanel reseller hosting accounts are are eligible for 10 free account migrations. Customer must ensure the availability of the original server and requests are to be made to the support department. Migrations are normally scheduled by HostUS and can take up to 48 hours from when the request is acknowledged.
- Domain Transfers. Domain transfers are possible for domain names that have been registered for at least 60 days, are in an "unlocked" state and with WHOIS privacy disabled. HostUS requires a domain authorization key (EPP code) from the customer for every transfer.
- Inter-Account Service Transfers. Requests must be made to the billing department clearly stating: package name, domain name or hostname, destination account email. Both the sending and receiving account must in good standing with current service(s) and with no overdue invoices or abuse / violations. Requests are approved individually at the discretion of the billing department.
Copyright & Abuse. HostUS is not responsible for copyright infringements caused by what the Customer hosted on HostUS's servers. Customers are to respond to any abuse, blacklist or DMCA reports within 48 hours or the service may be suspended.
Pornographic Material. Legal pornographic material is allowed to be hosted. Hosting child pornography is NOT allowed and any client found to be doing so will be cancelled immediately upon discovery and reported to the proper authorities.
Suspension and Termination. HostUS will suspend services after 2 calendar days of non-payment. After 8 calendar days of non-payment, services will be terminated along with all data, IP addresses and other information. Repeated failure to pay invoices with termination will lead to account termination and refusal of service. Attempts to defraud HostUS results in instant account termination.
Licenses. cPanel / WHM, WHMCS and other licenses purchased through HostUS may only be used in conjunction with a HostUS hosting service. Licenses used outside the HostUS network will be terminated without a refund.
Banned Services. All the following services or activities are strictly prohibited at HostUS:
- IRC servers
- Traffic Exchange, HitLeap, Automated Browsing, Crawlers, iMarcos, AutoSurf etc.
- Pirated Content / Warez / Topsites / Illegal Content
- Email Marketing / Mass Mailing / Email Spamming of any type
- Commercial Audio Streaming (more than two streams)
- Investment Sites (HYIP, FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Lottery / Gambling Sites / Bank Debentures / Bank Debenture Trading Programs
- MUDs / RPGs / PBBGs
- Fraudulent / Phishing / Replica Sites
- Public Proxies / Public VPNs / TOR Exit Nodes / Anonymizers
- Video Encoding / Streaming (including but not limited to FFMPEG)
- TeamSpeak / Mumble
- Public Game Servers (including but not limited to Minecraft)
- Virtual Currency Mining (including but not limited to bitcoin)
- zPanel / Sentora / Kloxo Panel
- DDoS-prone applications or booters / flood scripts / IP spoofing software
- IP Scanners / Port Scanning or Bruteforce Programs without consent
- Open DNS resolvers or recursors
- QEMU / Wine / Windows / nested virtualization and related (OpenVZ VPS only)
- Cracking tools / illegal software key generators
- Programs that cause hardware resource / network abuse
The service may be suspended and no refunds will be provided if customer is found to be running anything listed above. This list is not exhaustive and is intended to give customers indication of the types of uses that are disallowed at HostUS.
Email Communication. All customers are subscribed to our email newsletters upon signing up. The customer may opt-out from the client area or by clicking the unsubscribe link embedded in each newsletter. Transactional, service-related, account-related, operational and notification emails will be sent regardless of the subscription status.
Privacy. Message and data encryption is possible on HostUS, however Customer is solely responsible for encoding their web site, content, and data to conform with generally accepted encryption standards, and Customer indemnifies and holds HostUS harmless for any compromise of Customer's encryption method. HostUS respects the individual privacy of each customer, however breaches in security and personal mistakes on the part of our employees do happen. Customer agrees to indemnify and hold HostUS harmless and blameless for any compromisse of personal, business, or private information in any form.
Miscellaneous. Failure by either Company (HostUS) or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.