HostedWeb.net Terms of Service

HostedWeb.net agrees to provide and furnish services to the subscriber, subject to the following Terms of Service (TOS). Use of the HostedWeb.net hosting service constitutes acceptance and agreement to both our Acceptable Use Policy (AUP) and our Terms of Service (TOS).

All provisions detailed in this contract are subject to the provided Terms of Service (TOS) and Acceptable Use Policy (AUP). We reserve the right to make changes to the provided Terms of Service (TOS) or Acceptable Use Policy (AUP) as needed, without notice to our clients. Changes made to our TOS or AUP does not constitute early contract termination or non-payment.

Disclosure to Law Enforcement: HostedWeb.net stricly prohibits the use of our services for any unlawful or illegal purpose(s). HostedWeb.net may disclose any and all customer information including IP Numbers, Account History, Account Use, E-Mail Address, Billing Information, ect. to any law enforcement agent who makes a written request without consent or notification from the customer.

Payments & Fees: All credit cards that are declined for any reason are subject to a $1.00 fee. Service will be interupted for any client that that reaches 3 days past due, due to failed billing or non-payment. Service interupted is subject to a $10 reconnection charge. All accounts not paid on their anniversary date are subject to a late fee of $8.95. Any account that is not paid within 15 days will be subject to having their account(s) terminated without possible data recovery.

Refunds & Disputes: All customers are subject to cancel their account within our 30 Day MBG period; in this time clients will be given back a refund, minus any startup, overage, or administration fees. All over-charged accounts must be reported within 60 days. Any dispute or chargeback filed in which HostedWeb.net, at its sole discretion, feels is a valid charge under our TOS/AUP is subject to an "Administrative Fee" not less than $25 and not more than $150.

Account Cancellation: Account cancellations must be made at least 7 days in advance via e-mail with all customer details (i.e. billing & account). Any missing information may delay the cancellation of your account. HostedWeb.net will not be responsible for additional charges made if missing data is found or requested data is not provided as requested.

Support Boundaries: HostedWeb.net provides support via our support forums, e-mail, support desk, and limited live support. We limit all technical support to the areas of our expertise. HostedWeb.net does provide support related to your websites physical functioning, though HostedWeb.net does not provide support for programming or application specific data: i.e. PHP Programming, CGI Errors, ect.

Network Uptime: Is defined as the total time in a calendar month that the HostedWeb.net network is available through the Internet, provided that Client has established connectivity. HostedWeb.net takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 99.999% of each calendar month.

Network Outages: Is defined as any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in HostedWeb.nets’s Network as confirmed by HostedWeb.net, the HostedWeb.net Staff, or Owner. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime: Is defined as any HostedWeb.net scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 24 hours notice.

Script Policy: HostedWeb.net strictly prohibts the following scripts to be ran on our servers: YaBB (CGI), UBB, iKonBoard (CGI), or XMB. Any use of these scripts on our servers will be grounds for account suspension until the script is removed from our servers. HostedWeb.net will not be held repsonsible for lost data as result of your using any of the above scripts. Any account found to be running the following may be subject to a $25.00 removal fee.

SSH Usage: HostedWeb.net disables SSH by default on all hosting accounts. Access to SSH for your account must be requested by contacting our support department.

Website Backups: HostedWeb.net provides daily backups on our servers. HostedWeb.net makes no guarantee of the integrity of these backups. Backups are made for server restoration only, it is the clients reponsibility to make local backups. HostedWeb.net will not be held responsible for missing or corrupt data, loss of income, or loss of traffic due to the backups not being available. Requests for backup restoration are subject to a $25 non-refundable fee.

Zero Tolerance: We take a zero tolerance stance against sending of unsolicited e-mail (i.e. SPAM). The subscriber acknowledges that HostedWeb.net defines "SPAM" e-mail as any and all bulk e-mail and Unsolicited Commercial E-mail, e-mail messages, or e-mail postings/newsgroup postings, etc. Any user who sends out any form of spam from any server owned and/or operated by HostedWeb.net or during thier initial hosting term will have their account terminated without notice and a minimum $50.00 fine will be charged for each complaint made (excessive charges may range up to $500.00 per complaint). This includes reseller accounts, all resellers' resold accounts, and shared hosting accounts. Resellers are held responsible for spam sent out via their resold accounts. Accounts in which complaints have been filed void their eligibility for a refund of any type. Accounts/Domains that have previously had spam complaints filed by a previous host, ISP, newsgroup, or user may be suspended, denied access to their data, or terminated upon validation of spam report from such. Accounts may be suspended for investigation/research upon a complaint being received, customer will not receive a refund for the days their account is inaccessible due to investigation fees.

Uptime Guarantee: Our 99% Uptime Guarantee applies to actual network uptime. Downtime due to scheduled maintenance, internet traffic conditions, hardware failure, DDoS attacks, ISP problems, browser caching, program upgrades, scripting upgrades, or upstream providers do not qualify for this guarantee. Maximum credit given for downtime will be one (1) free month of hosting.

Account Termination: We reserve the right to terminate or suspend any and all accounts found in violation of our set Terms of Service or by the request of our upstream or server providers with provided reasoning for termination. Accounts terminated due to this clause will not be eligible for a refund or eligible for retreival of their websites information/backups.

Indemnification: You agree to indemnify, defend, and hold harmless HostedWeb.net from any and all liabilities, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action and/or claims caused by or resulting indirectly from your use our services.

Litigation: Customer agrees to submit to the jurisdiction of the applicable State or Federal Court in Kingsport, Tennessee for any litigation, mediation, or arbitration, which may arise from any dispute concerning any of the provisions herein. Controlling law shall be that of the State of Tennessee. Any litigation arising form the service provided or this agreement will take place in Kingsport, Tennessee USA.

Disclaimer of Warranty: THE SERVICES, THE HostedWeb.net SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE HostedWeb.net SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. HostedWeb.net DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HostedWeb.net SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

Limitation of Liability: IN NO EVENT SHALL HostedWeb.net BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE HostedWeb.net SITE OR ANY HostedWeb.net SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL HostedWeb.net'S CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAT THE CLIENTS ASSOCIATED HOSTING FEE (LESS SET-UP FEES, DOMAIN REGISTRATION, AND OVERAGES).

TOS/AUP Changes: HostedWeb.net reserves the right to change the terms set forth to our clients at any time, without any form of notice to our clients, non-clients, or general public. At all times customers are bound to the terms set forth. In no event shall HostedWeb.net or its Staffs' lack of enforcement of these terms constitute a waiver of these terms at any time.