NOTE: This Web Hosting Agreement is between HostAsset and the person/persons who use our services. Please read carefully to ensure you understand our terms before purchasing any of our products or services.
Terms & Conditions
HostAsset agrees to provide the services stated for the price agreed at any given time. We do not mislead customers with hidden costs unlike many other web hosting companies.
To customers who go over the limit of their account will be sent an e-mail with the option to either upgrade their account or reduce store and or storage. If customers continue to go over we will do everything possible to fix the problem. We do hold to right to ban accounts for continuous problems.
Renewal notices are e-mailed three days before the actual renew date in your account. If you are using a credit card, you will not have to worry about manual payments. All accounts are set up on a pre-pay basis. If payment is not received within 7 days, a $5 fee will be added. Any account not brought current within a week (7 days) of e-mail notice, or exceeding this time frame in any way, is subject to suspension. You are responsible for all fees owed on the account, from the time it was established to the time that you notify HostAsset to request for termination of services. Although we are based in the USA, our website's currency is USD. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length unless it was cancelled beforehand.
All annual payments are non refundable once the 30 day money back guarantee has passed. The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.>/p>
Your credit/debit card will be charged immediately after successful purchase.You will be charged by company legal name BODY86 LTD
Your credit/debit card will be added to our website for future charges, if you dont want your credit/debit card to be used as automatic payments you have to contact our support to remove it.
IMPORTANT NOTE: HostAsset reserves the right to change prices at any time
4. CANCELLATION AND EARLY TERMINATION
Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term.
After lack of payment client's accounts/servers will be delete in 30 days period.Basicaly we will keep your data for 30 days before deletion.
IMPORTANT NOTE: If The client request cancellation or terminataion of service all the data will be removed immediately
If the client requests server cancellation the server will be deleted immediately.
5. SERVER ABUSE
Any attempt to undermine or cause harm to a server or customer of HostAsset, is strictly prohibited!
HostAsset will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include:
- Internet scamming (tricking other people into releasing their passwords)
- Password theft
- Security hole scanning, etc.
Any unauthorized use of accounts or computers by you, whether or not the attacked account or computer belongs to HostAsset, will result in action against you. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE: HostAsset has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below without warning or prior notice. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
5.1. You may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are not limited to:
- Bulk e-mailing
- Unsolicited e-mailing
- Newsgroup spamming
- Upload scripts (Rappidleach)
- Pornographic content
- Illegal content
- Copyright infringement
- Video Streaming
- Trademark infringement
- Warez sites (including links to/from)
- Software serial numbers
- Link farming (the act of or by use of scripts)
- Link grinding
- Link-only sites
- FFA (Free-For-All) and/or anything else determined by HostAsset to be unacceptable use of our services, including abuse of server resources.
IMPORTANT NOTE: HostAsset has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below without warning or prior notice. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
5.2. WEB APPLICATIONS AND WEB ACCESSIBLE SCRIPTS
All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. You are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
5.3. Shared hosting accounts may also be terminated if it includes the following content or have links to the following content:
- Providing material that is grossly offensive to the Web community, including blatant expressions of bigotry
- Hatred or profanity
- Promoting or providing instructional information about illegal activities
- Promoting physical harm or injury against any group or individual
- Displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers)
- Displaying material that exploits children under 18-years of age
- Acts of copyright infringement, including offering pirated computer programs or links to such programs
- Information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
6. DISK SPACE ABUSE
Disk space of the hosting space is intended for normal use only, and is limited to web files, e-mail and content of the hosted web sites, not for storage of media, backup files or other data nor for the sole purpose of mass e-mail/solicitation. Hosting space may not be used as off site storage for electronic files or for third party electronic mail or FTP hosts. You are responsible for removing any files which do not meet these requirements, and for adhering to any hosting space (disk usage) limits, allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account. HostAsset reserves the rights to remove immediately any abusive content without notice that disturbes the normal function of our servers. HostAsset will be the sole arbiter as to what constitutes a violation of this provision. You are reponsable for monitoring your disk space usage. If you need extra disk space, contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from inside your HostAsset client account.
6.1 INODES - FILE COUNT
Inodes are unlimited on the server if the files are related to your website directly you cant use the unlimited inodes for file storage or email storage.
NOTE: This above doesn't apply to our VPS or Dedicated packages.
7. BANDWIDTH ABUSE
The intention of HostAsset is to provide a unlimited bandwidth to transfer web documents, and not an offsite storage area for electronic files. If you violate this condition, you will be notified and given 24 hours to remedy the problem. Failure to do so will result as removing the abusive content, or etc.
8. RESOURCE USAGE
User may not:
- Use 25% or more of system resources for longer then 2 min. There are numerous activities that could cause such problems (these include: CGI scripts, FTP, PHP, HTTP and etc.)
- Run stand-alone, unattended server-side processes at any point in time on the server (this includes any and all daemons, such as IRCD)
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
- Participate in any file-sharing/peer-to-peer(P2P) activities
- Run any gaming servers such as counter-strike, half-life, battlefield1942 and etc.
- Run cron entries with intervals of less than 10 minutes.
- Run any MySQL queries longer than 60 seconds. MySQL tables should be indexed appropriately.
- When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
- To help reduce usage, do not force html to handle server-side code (like php and shtml).
- Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypt`ed communications.
- Use of any kind of distributed computing software, including but not limited to [email protected], Node Zero and [email protected]
9. CUSTOMER INFORMATION
Customer represents and warrants to HostAsset that the information he, she or it has provided and will provide to HostAsset for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to HostAsset that he or she is at least 18 years of age. HostAsset may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
10. UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements ("SPAM") are not allowed in e-mail. HostAsset takes a zero-tolerance approach to SPAM originating from it's servers or for spam advertising of domains hosted within our network.Your account will be suspended until you take actions to remove the e-mail violation(spam). If you don't remove it within 48 hours, your account will be removed.
10.1. The following activities are not allowed:
- SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain);
- Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing")
- Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account susupension. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such
- Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
NOTE: If YOU use the services of another provider to promote a website hosted by or through HostAsset ("spamvertising"), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
11. TECHNICAL SUPPORT BOUNDARIES (24/7/365)
HostAsset provides technical support for you that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.
Unlike many hosting companies, we do our best to help with scripts, templates and programing languages. However, under no circumstances is HostAsset obligated to help you in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by you previously.
12. CGI SCRIPTS
Each shared web hosting account comes with its own CGI-BIN. You are free to use any CGI scripts you wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice.
Customer agrees to indemnify and hold harmless HostAsset, HostAsset's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of customer's services in violation of applicable law or the AUP by customer or any person using customer's log on information, regardless of whether such person has been authorized to use the services by customer.
13.1. You agree to defend, indemnify and hold harmless HostAsset against liabilities arising of:
- Any injury to person or property caused by any products sold or otherwise distributed in connection with HostAsset's server
- Any material supplied by the customer, allegedly infringing on the proprietary rights of a third party
- Copyright infringement
- Any defective products sold to customer from HostAsset's server
14. DISCLAIMER OF WARRANTIES
HostAsset does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law, HostAsset disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis.
15. LIMITATION OF DAMAGES
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of HostAsset and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.
16. SUSPENSION OF SERVICES/TERMINATION
Customer agrees that HostAsset may suspend services to customer without notice and without liability if:
- HostAsset reasonably believes that the services are being used in violation of the AUP
- Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP
- HostAsset reasonably believes that the suspension of service is necessary to protect it's network or it's other customers
- As requested by a law enforcement or regulatory agency, customer shall pay HostAsset reasonable reinstatement fee if service is HostAsset following 4th suspension in a row for the same violation of service under this subsection.
16.1. The agreement may be terminated by customer prior to the expiration of the initial term or any renewal term without further notice and without liability if HostAsset fails in a material way to provide the service in accordance with the terms of the agreement and does not cure the failure within ten (10) days of customer's written notice describing the failure in reasonable detail.
16.2. The agreement may be terminated by HostAsset prior to the expiration of the initial term or any renewal term without further notice and without liability as follows:
- Upon five (5) days notice if customer is overdue on the payment of any amount due under the agreement
- Customer materially violates any other provision of the agreement, including the AUP, and fails to cure the violation within ten (10) days of a written notice from HostAsset describing the violation in reasonable detail
- Upon one (1) days notice if customer's service is used in violation of a material term of the AUP more than once
- Upon one (1) days notice if customer violates section 9 (Customer Information) of this agreement.
16.3. Either party may terminate this agreement upon five (5) days advance notice if the other party:
- Admits insolvency
- Makes an assignment for the benefit of it's creditors
- Files for bankruptcy or similar protection
- Is unable to pay debts as they become due
- Has a trustee or receiver appointed over all or a substantial portion of its assets
- Enters into an agreement for the extension or readjustment of all or substantially all of its obligations
16.4. If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the issue with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.
17. REQUEST FOR CUSTOMER INFORMATION
Customer agrees that HostAsset may, without notice to customer
- Report to the appropriate authorities any conduct by customer or any of customer's customers or end users that HostAsset believes violates applicable law
- Provide any information that it has about customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on it's face meets the requirements for such a request
17.1. HostAsset keeps the rights to request personal information (e.g. ID card, Social Security Number and etc.) from each and every customer due to security matters if needed.
18. BACK UP COPY
Customer agrees to maintain a current copy of all content hosted by HostAsset notwithstanding any agreement by HostAsset to provide back up services.
19. REQUEST FOR RESTORE OF HOSTING PACKAGE
During any service term, customer may request up to one free restore for any reason of choice. If a customer should need to request a restore after this a $5 one time fee will be enforced.
20. CHANGES TO HostAsset's NETWORK
Upgrades and other changes in HostAsset's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of customer's hosted content and/or applications. HostAsset reserves the right to change it's network in its commercially reasonable discretion, and HostAsset shall not be liable for any resulting harm to Customer.
Notices to HostAsset under the agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or it's notice address by a notice given in accordance with this Section.
22. FORCE MAJORED
HostAsset shall not be in default of any obligation under the agreement if the failure to perform the obligation is due to any event beyond HostAsset's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
23. GOVERNING/LAW DISPUTES
The agreement shall be governed by the European laws. The agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in it's trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trademark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This agreement may be amended only by a formal written agreement signed by both parties. The terms on customer's purchase order or other business forms are not binding on HostAsset unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the agreement. A party's waiver of any of it's right under the agreement is not a waiver of any of it's other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the agreement are not part of the agreement, but are for the convenience of the parties.
24.1. The following provisions will survive expiration or termination of the agreement:
- Indemnity obligations
- Provisions limiting liability and disclaiming warranties
- Provisions regarding ownership of intellectual property
- These miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the agreement
There are no third party beneficiaries to the agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the agreement. Customer may not transfer the agreement without HostAsset's prior written consent. HostAsset's approval for assignment is contingent on the assignee meeting HostAsset's credit approval criteria. HostAsset may assign the agreement in whole or in part. This agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding it's subject matter and supersedes and replace any prior understanding or communication, written or oral.
25. COPYRIGHT FILES
All files stored on HostAsset's servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within your account, the files will be subjected to deletion.
26. CANCELATION OF SERVICE
HostAsset reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by HostAsset if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to you.
27. PROMOTIONAL RATES & SPECIAL OFFERS
HostAsset may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for your services. Any such promotions or modifications shall not effect yourobligations under this agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this agreement, shall govern. Different promotional fees and special offers may not be combined together.
28. INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through HostAsset's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, you must not use HostAsset or it's servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the HostAsset network. If you use a domain name in connection with HostAsset or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
29. NETWORK SECURITY
Customers may not use the HostAsset network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into a server or account you are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. you may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. HostAsset will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
30. ELECTRONIC COMMERCE
You will be solely responsible for the development, operation and maintenance of your online store and products along with all content and materials appearing online or on your products, including without limitation:
- The accuracy and appropriateness of content and materials appearing within the store or related to your products
- Ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party
- Ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal.
NOTE: You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from. You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your website. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
31. STATIC & DYNAMIC CONTENT CACHING
- Grant to HostAsset a license to cache the entirety of your website, including content supplied by third parties, hosted by HostAsset under this agreement
- Agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights
32. IP ADDRESS OWNERSHIP
HostAsset shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by HostAsset. HostAsset reserves, in it's sole discretion, the right to change or remove any and all such IP numbers and addresses.
33. DOMAIN NAME REGISTRATION
You agree to pay HostAsset prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the HostAsset price schedule for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, canceled or transferred prior to the end of your then current registration term.You must have valid and current information on file with your domain name registrar for any domain hosted on the HostAsset network.
33.1. TRANSFER DOMAIN REGISTRAR TO HostAsset
You agree to pay HostAsset prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the HostAsset price schedule for the initial transfer request of the domain name. You agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status
- Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
NOTE: HostAsset reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at it's sole discretion. Your requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed your registration in an e-mail from HostAsset to the e-mail address indicated in your registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by HostAsset) in connection with the payments of the registration fee for your domain name registration, you agrees and acknowledges that the domain name registration shall be transferred to HostAsset as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. HostAsset will reinstate your domain name registration solely at HostAsset discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
33.2. Transfer domain away from HostAsset
HostAsset reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
- Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
NOTE: You agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and HostAsset will not be held liable for the failure of a domain name transfer for any reason. Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.
33.3. Free domain from HostAsset
Free domain name comes with hosting plans for 1, 2 and 3 years only.
NOTE: The free domain registration period includes only the first year of your hosting plan.Free domain can be used only with HostAsset.It can't be pointed or transfered to different company.If hosting account is cancelled during the 30 days money back guarantee the client must pay for the purchased domain.
NOTE: The free domain is only for new packages and new domains it can't be used with upgrades or renewing old domains or changing cycles of old packages
34. LAWFUL PURPOSE
HostAsset reserves the right to refuse service to anyone. You may only use HostAsset server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated Warez", OGG, AVI, MPEG, ISO, "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed MP3". The designation of any materials as such described above is left entirely to the discretion of HostAsset management.
If illegal content or usage is found, the account will be suspended and/or terminated. You agree that HostAsset may disclose any and all your 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.
Regardless of the place of signing this agreement, you agree that for purposes of venue this contract is entered in Fremont, California, and any dispute will be litigated or arbitrated in Fremont, California. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts. In no event shall HostAsset'S maximum liability exceed five hundred ($500.00) dollars.
35. PRIVACY STATEMENT
HostAsset follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.
36. ACCEPTABLE USAGE POLICY (AUP)
Customers agree to use our services under the AUP which is here by incorporated with this agreement. Customers agree that HostAsset hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of HostAsset notice to customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with HostAsset reasonable investigation of any suspected violation of the AUP. In the event of a dispute between HostAsset and customer regarding the interpretation of the AUP, HostAsset commercially reasonable interpretation of the AUP shall govern.
36.1. What is Appropriate Usage?
HostAsset is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses.
HostAsset is a shared web hosting service, which means that a number of customer's web sites and other e-mail or storage services are hosted from the same server. HostAsset uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customer's sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.
36.2. OFFENSIVE CONTENT
You may not publish or transmit via HostAsset's service any content that HostAsset reasonably believes:
- Constitutes child pornography
- Constitutes pornography
- Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech
- Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes
- Is defamatory or violates a person's privacy
- Creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement
- Improperly exposes trade secrets or other confidential or proprietary information of another person
- Is intended to assist others in defeating technical copyright protections
- Clearly infringes on another person's trade or service mark, patent, or other property right
- Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking
- Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to HostAsset
- Is otherwise malicious, fraudulent, or may result in retaliation against HostAsset by offended viewers
HostAsset does not accept material such as:
- Proxy, Warez, Escrow, High Yield Investment Programs (HYIP), illegal gambling and lottery sites
- Content "published or transmitted" via HostAsset's service includes web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any internet service provided by HostAsset
NOTE: HostAsset can terminate service for any of the above reasons and it's at HostAsset's sole discretion to issue a refund
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically. In order to improve your password security, we recommend your password to apply the following policy:
- Must be at least 6 characters
- Must contain at least one capital letter
- Must contain at least one special character ([email protected]#$%^&)
- Must contain at least one digit
36.4. BULK COMMERICAL E-MAIL
Bulk commercial e-mail, mailing lists and e-mail reflectors are allowed on HostAsset's servers, we do however allow a maximum of 300 e-mails per hour per account. For any e-mails sent from your HostAsset account you must adhere to the following rules:
- Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure
- Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given
- You may not obscure the source of your e-mail in any manner
- You otherwise comply with the CAN SPAM Act and other applicable law
These policies apply to messages sent using your HostAsset service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your HostAsset service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all it's customers
36.5. NEWSGROUP, CHAT FORUMS, OTHER NETWORKS
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.
37. 30-DAYS MONEY BACK GUARANTEE
You are entitled to claim our 30 days money back guarantee providing you meet the following requirements:
- You must claim during the first 30 days of using our services
- Your are subject to our terms of service and acceptable usage policy
- You can use the moneyback guarantee only once per service type(Shared,VPS,Reseller) per client globally.
37.1. Our special promotions are excluded from our 30-day money back guarantee.
30 days money back guarantee does not apply for the following:
- Domain name registration and domain privancy (including if the domain qualifies for promotion also)
- Addons - Sitelock,SpamExperts and Codeguard
- SSL Certificate (including if the certificate qualifies for promotion also)
- Administrative fees
- Install fees custom software
- Setup fees
- Static IP's purchases(including if the IPs qualify for promotion also)
- Direct violation of Terms & Condtions
- Lower than $1 funds are not refundable
IMPORTANT NOTE: Static IPs and SSL certificates are NOT refundable! 30 days money back guarantee can be applied only once per client globally, NOT per account.
37.2. ONECENT promotion terms:
- Lower than $1 funds are not refundable
- The promo code can be used only once per client globally
If any of the above was included as part of the plan value will not be refundable. You will however be compensated for the rest of the cost.
We are sure that you will be pleased and satisfied with our service, but even if you are not and decide to cancel your account for any reason during the first 30 days of the activation, HostAsset will refund the full amount of money that you payed for.the service.
38. 99.9% UPTIME GUARANTEE
This 99.9% uptime guarantee applies to any customer in good financial standing with HostAsset at the time of a service outage.
IMPORTANT NOTE: Client is responsible to monitor his service and if there is any issues,downtime and any other kind of outages to report to our support team at the exact moment of the issue is presented. HostAsset is not resposible if there is issues,downtime and any other kind of outages, that persist for days/weeks/months/years and the client didnt report this back to us.
38.2. SERVICE LEVEL AGREEMENT ("SLA") & SPECIFICATIONS
HostAsset endeavors to have the content of your website available for http access by any party in the world 99.9% of the time. Network downtime ("unavailability") is defined as 100% packet loss from HostAsset to it's backbone providers. Downtime is measured past 10 minutes after notification of network failure via HostAsset's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the HostAsset NOC.
HostAsset's administrators will determine the end of the downtime by a traceroute to your machine from outside the HostAsset network.
38.3. SHARED HOSTING CREDITS
In the event that your website is unavailable for less than 99.9%, HostAsset will credit the following month's service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 100% of the monthly service charge for the affected month.
- 0-3 hours of server downtime - your account will be credited 3% of your monthly hosting fee
- for every extra hour after the first 3 - your account will be credited 5% of your monthly hosting fee
38.4. The following circumstances are excluded of our Uptime guarantee:
- Scheduled maintenance as posted from time to time at HostAsset
- Your behavior or the performance or failure of your equipment, facilities or applications
- Circumstances beyond HostAsset's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site.
- Outside network issues
- You breaking any agreement policy in HostAsset's "Terms & Conditions and AUP" causing a machine to fail as a result.
- Please notice that backups on the server is just in addition for your own backps. The client is reposible to maintain backups on your own computer. We aren't responsible of any data losses and missing backups.
- Can be used one time only, per person/account
- Any duplicated accounts created for exploiting the promotion will be deleted.
IMPORTANT NOTE: We maintain backups only for client's main account.If the client is reseller we will not maintain backups for his sub-accounts.
39. ONE CENT promotion
IMPORTANT NOTE: Every direct voalation of any of the HostAsset's "Terms & Conditions and AUP" may cause suspention of your service without refunding the money for it.
Last Updated: 02/01/2017