Clients will be held responsible for any and all actions performed by
their account whether done by the account holder or by others. If server
security is compromised, the account holder is responsible for all
violations of these Terms of Service (so called herein) and
Hosting350's Acceptable Use Policy (.AUP.), including SPAM, and all
disconnect and reconnect fees associated with violations. Hosting350
does not harden or enable additional server security software outside of
operating system defaults.
The following terms constitute an agreement between you and
Hosting350 LTD ("Hosting350.com"). These Terms of Service govern
your use of the services provided by Hosting350 (the "Services").
BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF
SERVICE, including that you agree to transact with us electronically,
that you consent to the information practices disclosed in our AUP, and
that you consent to resolve in Miami-Dade County, Florida any dispute
that you may have with us, our suppliers, or the Services. Please note
that we offer the Services "AS IS" and without warranties.
These Terms of Service govern your relationship with us and our
suppliers. We may change these Terms of Service at any time, as we deem
appropriate. If we make changes that we believe will have a material
impact on your use of the Services, we will let you know by sending you
an email if we have a current email address for you, and by noting on
our website that these Terms of Service has been updated. If you
disagree with the changes to these Terms of Service, discontinue your
use of the Services. Your ongoing use of any Services after the changes
take effect signifies your agreement to the new terms. We encourage you
to review these Terms of Service regularly.
Hosting350's Responsibilities
Hosting350 agrees to furnish services, which are paid for in advance
by the client, to the client, subject to complete compliance with the
AUP and these Terms of Service. Hosting350 reserves the right to
refuse Services to any potential client and/or to deny renewal of
Services to any existing client, at the sole discretion of Hosting350.
Changes to Terms of Service and AUP
Hosting350's Terms of Service and AUP are both subject to change at
any time and without notice at the sole discretion of Hosting350. A
change in policy shall not be grounds for early contract termination or
non-payment. Client recognizes that the nature of the service supplied
and the initial rates and charges have been communicated to the client.
The client is aware that from time to time rates may change based on
availability of hardware, overall market conditions or other factors.
Clients will be notified of any increases in rates or charges prior to
the billing renewal date on which such increases will take effect.
Non-Payment/Service Interruption
Services interrupted for non-payment may be subject to a 10% late fee.
Data stored on a client's services will not be available to the client
until reconnection is established or alternative arrangements are made
to the sole satisfaction of Hosting350. Clients deactivated for
non-payment or charge-back are subject to their data being destroyed ten
(10) days from suspension/charge-back date. Hosting350 is not
responsible for data integrity, regardless of circumstance. Hosting350
strongly recommends keeping up to date and off network backups to
protect against data loss.
Refunds/Charge-Backs
No Services rendered by Hosting350 are eligible for a refund.
Prepayments and account credit are ineligible to be refunded, or
transferred to alternate accounts. Any and all charge disputes must be
reported directly to Hosting350 within thirty (30) days of the date
which the charge originally occurred. If a charge which is deemed valid
by Hosting350, and validated by our Terms of Service or AUP, is
disputed to a financial institution by performing a charge-back, then
the client agrees to pay an 'Administrative Fee' of $200 in addition to
original amount of funds which were reclaimed.
Suspensions
In the event a service is suspended for non-payment, it will be subject
to termination ten (10) days from the time of suspension. Hosting350
assumes no liability for the integrity of the data stored on a suspended
server.
Cancellations
Hosting350 requires a ten (10) day notice of cancellation prior to the
billing renewal date for the upcoming billing cycle, submitted via the billing portal.
A ten (10) day notice before the upcoming billing date is also required
for any downgrades. All client data will be destroyed immediately after
the cancellation date. If the notice of cancellation is not provided
within ten (10) days, the server will still be canceled however a
termination fee of $25 will be applied to the account and must be paid
within 15 days to avoid full account suspension.
Official Hosting350 Resellers may cancel their servers up to
twenty-four (24) hours after the server's billing renewal date. After
twenty-four (24) hours, the server can still be requested to be canceled
by the reseller, however the termination fee of $25 will be applied to
the account and must be paid within 15 days to avoid full account
suspension.
Fraud
In the event fraud is discovered the fraudulent account, and all related
accounts, are subject to immediate suspension or termination at the
sole discretion of Hosting350. All information available to
Hosting350 about the fraudulent account/service shall be submitted to
both local authorities, as well any financial institutions involved. All
fraudulent orders are investigated, and all fraudulent clients will be
prosecuted to the fullest extent of the law, whether within the United
States, or abroad.
Disclaimers of Liability; Indemnification
WE PROVIDE THE SERVICES .AS IS., .WITH ALL FAULTS. AND .AS AVAILABLE..
WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES
ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR
SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE
MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR
PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT
GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR
REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE
THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES
OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY A
Hosting350.NET LLC REPRESENTATIVE SHALL CREATE A WARRANTY. You may
have additional consumer rights under your local laws that this contract
cannot change. You use the Services at your own risk.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS
IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR
AFFILIATES' AND OUR SUPPLIERS' AGGREGATE AND CUMULATIVE LIABILITY TO YOU
FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE
TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PERIOD DURING
WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT
BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE
SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST
DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD
HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR
JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFILLIATES AND
SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless us, our employees,
contractors, officers, directors, agents, affiliated companies, and
suppliers, from all liabilities, claims, and expenses, including
attorneys' fees, which arise from your use or misuse of the Services. We
reserve the right to assume control of the defense of any third party
claim that is subject to indemnification by you, in which event you will
cooperate with us in asserting any available defenses.
Support
Hosting350 provides hardware support related to each direct client's
service functioning. Hosting350 does not offer software support of any
kind. Hosting350 does not provide software support/troubleshooting
for the software items chosen from the order form. Hosting350 only
ensures the correct default installation of any software item chosen
from the order form, and in no way assumes liability for the
configuration of any of the installed software. Hosting350 is not
responsible for any downtime associated with the incorrect configuration
of operating system kernels or any software, whether installed by
Hosting350 or the client. Hosting350 may provide enhanced software
support (including kernel configuration) for an additional fee. Please
contact sales or support for enhanced support pricing. Each client is
eligible for one (1) complimentary operating system (.OS.) reload per
billing cycle; each additional OS reload is $35 per reload. Installation
of an unsupported OS is subject to the prior approval of Hosting350
and to a $35 fee. Hosting350 does not provide any type of support to
the clients of our clients (third party clients). Hosting350 will only
provide support directly to clients of Hosting350.
Abuse/Spam/Bulk Email Policy
Hosting350 reserves the right to deny mail delivery from any servers
hosted on our network if they are believed to be involved in SPAM or
SPIM activities. This includes spam support services such as DNS or
spamvertised web sites. Our abuse department will locate abusive servers
based on public blacklist monitors, abuse reporting from external
networks, and other means. If our abuse department receives a report or
otherwise becomes aware of abuse-related activities active on our
network, we will identify the server the abuse was initially sent from
(via IP and in some cases by domain) and create a ticket on behalf of
the user who occupies the server with information regarding the abuse
such as logs describing the abuse and an explanation of what abuse took
place.
The following actions will be taken on a case-by-case basis:
-An abuse ticket serves as notification that our abuse department has
received reports of abuse originating from the server. We require a
client response to ALL abuse tickets within 24 hours of the ticket being
opened. Typically no service will be suspended or filtered within the
first 24 hours of an abuse ticket being opened. If a response is not
received within 24 hours, or the server is determined to be abusive (or
likely to be abusive in the case of spam blacklistings) after the ticket
is opened, our abuse technicians may filter or disable ports or IPs
assigned to the server temporarily to prevent further abuse until a
response is received.
-If a response has not been received to an abuse ticket within 7 days of
being opened, the server is eligible for suspension and may be
completely disabled until we receive a response.
-Habitual neglect of abuse occurring on a client's server may lead to
service termination or longer-term port filters as some blacklistings
can take several weeks to time out or be removed.
-Hosting350 reserves the right to refuse services to any client whose
account(s) have been fined or terminated for abuse-related activities.
If an IP range or IP address has been blacklisted as a result of
excessive abuse reports, Hosting350 reserves the right to issue a fine
of $200 and immediately terminate the service.
Compromised servers issued abuse notifications: If our abuse department
suspects that abuse reports associated with a client's server are a
result of the server's security being compromised, our abuse department
will offer the following options:
-At the discretion of our abuse department, we will typically offer the
ability to log in to the server and remedy the security compromise while
leaving the abusive traffic filtered.
-Offer an Operating System reinstallation, setting the configuration back to the original state it was provisioned in.
-If Operating System reinstallation is not accepted as an option,
Hosting350 may offer to manually retrieve/repair the files on the
server, at a fee to be assessed and paid prior to any work being done.
Habitual security compromises that result in abusive traffic being
transmitted or received from the server may result in service
termination.
If a client wishes to dispute any abuse reports, or any fine assessed in
connection with abuse reports or blacklistings, the client must provide
Hosting350 with an explanation via Hosting350's ticketing system
within 10 days of the abuse ticket being opened.
DMCA Complaints
Hosting350 handles any and all Digital Millennium Copyright Act
(.DMCA.) complaints very seriously, and will thoroughly investigate each
complaint received. Hosting350 reserves the right to pursue civil
remedies for any costs associated with the investigation of a
substantiated policy violation.
The following actions will be taken on a case-by-case basis:
-A ticket is opened as a warning, providing 24 hours to resolve the situation.
-After 24 hours with no client response, connection to the IP address
from the DMCA complaint will be disabled at the network level. At this
time, Hosting350 reserves the right to assess a $25 fine.
-After 72 hours with no resolution, services on the server in question will be suspended.
-After 7 days of being suspended and the issue not having been resolved,
services on the server in question will be canceled and an Abuse Charge
of $200 will be placed on the account. All client data will be
destroyed immediately after the cancellation date.
-Users who violate this policy and fail to resolve the situation within
24 hours agree that in addition to these administrative penalties, they
will pay .Research Fees' not to exceed $50 per hour that Hosting350
personnel must spend to investigate the matter, to be charged only if
claims are found to be valid.
Bandwidth Usage/Overages
Clients agree to pay any and all bandwidth overage charges accrued on
their account from the previous billing cycle. Bandwidth overage charges
are billed per gigabyte at a rate of $0.25 (twenty five cents) over the
allotted bandwidth on the service. Hosting350 reserves the right to
suspend any account which does not pay bandwidth overage charges within
15 days. Hosting350 is not responsible for spikes in bandwidth that
are caused on a client's service for any reason. Client assumes
liability for all bandwidth to and from their services. If issued an
expected to exceed bandwidth notification, clients are required to make
payment arrangements within 24 hours of that notification to prevent
possible service interruption until adequate arrangements are made.
These arrangements may include being required to pro-actively upgrade
bandwidth.
Payment Verification
Clients agree to submit to identity verification measures, designed for
both the security of the client as well as the security of Hosting350.
The identity verification measures may include the faxing of two forms
of government issued identification to Hosting350, as well as a front
and back copy of the credit card used for payment, as well as a copy of a
utility bill with the billing address. In certain circumstances
additional identity verification may be required, in addition to the
previously listed forms.
Publicity
Hosting350 keeps all client information private and will not publicly
disclose that they are providing services to the client unless
permission is received on a case-by-case basis. Hosting350 reserves
the right to use client quotes for promotional uses. Such quotes will be
anonymous unless the client agrees to disclosure of their name.
All communications from Hosting350 and the client are strictly
confidential and for the intended use of the addressee only. Any
disclosure, use or copying of the information by anyone other than the
intended recipient is prohibited and you agree to be held liable for
damages if you violate this agreement, forward the information, post it
or allow it to be posted online in public or private forums or venues.
Electronic Notifications
Your affirmative act of using the Services constitutes your electronic
signature to these Terms of Service and your consent to enter into
agreements with us electronically. You also agree that we may send to
you in electronic form any privacy or other notices, disclosures,
reports, documents, communications or other records regarding the
Services (collectively, .Notices.). We can send you electronic Notices
to the e-mail address that you provided to us during registration. The
delivery of any Notice from us is effective when sent by us, regardless
of whether you read the Notice when you receive it or whether you
actually receive the delivery. You can withdraw your consent to receive
Notices electronically by canceling or discontinuing your use of the
applicable Services. In order to receive Notices electronically, you
must have a personal computer with a modem connected to a communications
source (telephone, wireless or broadband), and a Windows-based or a
Macintosh-based operating system with an Internet browser. You will need
a printer attached to your personal computer to print any Notices. You
can retrieve an electronic copy and a printable version of this contract
by clicking on the .Terms of Service. link on any web page that hosts
any of the Services. All contracts completed electronically will be
deemed for all legal purposes to be in writing and legally enforceable
as a signed writing.
Entire Agreement
This contract and any supplemental terms, policies, rules and guidelines
posted on our website constitute the entire agreement between you and
us and supersede all previous or contemporaneous written or oral
agreements. If any part of these Terms of Service is held invalid or
unenforceable, that portion shall be construed in a manner consistent
with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain in
full force and effect.
Choice of Law and Location for Resolving Disputes
You agree that the laws of the State of Florida govern this contract and
any claim or dispute that you may have against us or our suppliers,
without regard to the conflict of laws rules thereunder, and that the
United Nations Convention on Contracts for the International Sale of
Goods shall have no applicability. You further agree that any disputes
or claims that you may have against us or our suppliers will be resolved
exclusively by a court located in Miami-Dade County, Florida. PLEASE
NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS
THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER
JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE
EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN
MIAMI-DADE COUNTY, FLORIDA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US
RELATING TO OR ARISING OUT OF THE SERVICES, THE SERVICE OR THE
AGREEMENT; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF
COURTS LOCATED IN MIAMI-DADE COUNTY, FLORIDA FOR THE PURPOSE OF
RESOLVING ANY SUCH DISPUTES OR CLAIMS.