TERMS OF SERVICE (TOS)
This is an agreement between 504Hosting.com, as well as its partners and affiliates on the one hand, and the user of 504Hosting.com’s products and services on the other hand. In this Agreement "You" and "Your" refer to You or any agent, employee, servant or person authorized to act on Your behalf. "We", "Us" and "Our" refer to 504hosting.com, as well as its subsidiaries and sister companies (collectively, "504Hosting.com"). This Agreement explains Our obligations to You, and explains Your obligations to Us for various services offered by 504Hosting.com. When You use Your account or permit someone else to use it to purchase or otherwise acquire access to additional 504Hosting.com service(s) or products or to cancel Your 504Hosting.com services (even if We were not notified of such authorization), this Agreement covers such service or actions.
1. TERM OF AGREEMENT; MODIFICATION
You agree that 504Hosting.com may modify this Agreement and the services it offers to You from time to time. You agree to be bound by any changes 504Hosting.com may make to this Agreement when such changes are made. If You have purchased services or products from 504Hosting.com, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the products or services.
2. ACCURATE INFORMATION
You agree to maintain accurate information by providing updates to 504Hosting.com, as needed, while You are using 504Hosting.com's products and services. You agree You will notify 504Hosting.com within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by 504Hosting.com to determine the validity of information provided by You will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if 504Hosting.com has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, 504Hosting.com has the absolute right, in its sole discretion, to terminate its Services and close Your account.
4. ACCEPTED USE POLICY
You should use all services provided by 504Hosting.com for lawful purposes only. You agree to maintain your website in full compliance with the terms listed below. By using any Services, provided by 504Hosting.com You agree:
- Not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
- Not to transmit any unsolisited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
- Not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum.
- Not to make, attempt, or allow any unauthorized access to 504Hosting.com website, servers, your own hosting account or the account of any other customers of 504Hosting.com.
- not to allow any remote code execution of malicious software through the hosting account provided by 504Hosting.com.
- Not to cause denial of service attacks, port scans, or other endagering and invasive prciedures against 504Hosting.com servers and facilities or the servers and facilities of other network hosts or Internet users.
- Not to forge the signature or other identifying mark or code of any other perosn or enggage in any activity to attempt to deceive other persons regarding the true identity of the User.
- Not to use 504Hosting.com services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademartk, patent, trade secret, or other propiertary rights of any third party information; are connected with child pornography; profess hatred for a particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes; multi-level marketing or similar activities; contain torrent tracker, torrent Portals or similar software; violence or encouraging violence.
- Not to upload unnacceptable material which include: IRC bots, proxy scripts, warez, image, filedump, mirror, or banner-ad services, topsites, commercial audio streaming, Escrow, High-Yield Interest Programs (HYIP), intestment sites, sale of any controlled substances wthout providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading, Prime Bank Programs, gambling sites, muds/rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activies, IP scanners, Brute Force Programs, Mail Bombers, and Spam Scripts.
- Not to engage in or to instigate actions that cause harm to 504Hosting.com's Customers. Such actions include, but limited to, actions resulting in blacklisting any of our IPs by any online spam database, actions resulting in DDOS attacks for any server, etc.
504Hosting.com reserves the right to refuse service to anyone upon Our discretion. Any material that in 504Hosting.com's judgment, is either obscene or threatening is strictly prohibited and will be removed from 504Hosting.com servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund.
You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, 504Hosting.com will take corrective action upon our own discretion and will notify You. 504Hosting.com's decision in such case is binding and final, and cannot be a subject of a further change. 504Hosting.com cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to 504Hosting.com or any other third party.
We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You have taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. 504Hosting.com will not be liable for any loss or damages in such cases.
For more information on the Accepted Use Policy for Shared hosting accounts, Advanced Hosting, Virtual hosting accounts, VPS hosting accounts, email services, Dedicated Servers, and all other services 504Hosting.com offers, please consult Our Acceptable Use Policy
5. STORAGE AND SECURITY
At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on 505Hosting.com servers; and (iv) ensure the confidentiality of Your password. 504Hosting.com's servers are not an archive and 504Hosting.com shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by 504Hosting.com are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. 504Hosting.com shall have no liability to You or any other person for Your use of 504Hosting.com products and/or services in violation of these terms.
6. NON-EXCLUSIVE LICENSE
If You have licensed software from 504Hosting.com, 504Hosting.com grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.
504Hosting.com reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of 504Hosting.com. The source code and its organization are the exclusive property of 504Hosting.com and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by 504Hosting.com.
Any such software and services are provided to You "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
7. THIRD PARTY SOFTWARE
504Hosting.com provides some third party software to You for easier account management including, but is not limited to cPanel, Fantastico, Softlicious, Wordpress, Webmin, etc. Such software is provided on an "as is" as available basis. We do not guarantee that any specific results can be obtained by using such software. 504Hosting.com does not take responsibility for any faults in such software functioning.
You can add and use third party software on Your account only if it is compatible with Our servers and is approved by 504Hosting.com. Your use of any third party software is at Your own risk. 504Hosting.com cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. 504Hosting.com will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products.
You are solely responsible for any license and other fees required by the software providers, for using any third party software installed on Your account apart from the initial account setup.
8. THIRD PARTY CONTENT
If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. 504Hosting.com has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current 504Hosting.com policy or agreement. Such content may result in the suspension or in the immediate termination of Your account. You are responsible for monitoring all service renewals and orders. In the event that an error occurs the account holder must notify 505Hosting.com immediately of the error. In no event shall 504Hosting.com be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.
9. BILLING AND PAYMENT
All fees for the Services shall be in accordance with 504Hosting.com's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. 504Hosting.com may impose a debt service charge equal to one and one-half percent (5%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due 504Hosting.com remains unpaid fourteen (14) days after such payment is due, 504Hosting.com, in its sole discretion, may immediately terminate this agreement, and/or withhold or suspend Services. There will be a $25.00 fee to reinstate accounts that have been suspended or terminated. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by you.
If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchase the products or services. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, 504Hosting.com will automatically renew Your services when they come up for renewal and will take payment in accordance with the designated payment method at 504Hosting.com's then current rates.
10. TERMINATION & CANCELLATION POLICY
504Hosting.com provides Technical Support to You at no additional fee only for hosting related issues. 504Hosting.com has the right to decide what a hosting related issue is and to charge additional fees or refuse support for non-hosting related issues. Any fees paid by You for providing non-hosting related support are non-refundable.
You can request technical support only by opening a ticket trough the HelpDesk ticket system located in the Customer area. 504Hosting.com will have no liability to provide technical support if it is requested in any other way apart from the HelpDesk ticket system. You are solely responsible to use the appropriate HelpDesk category when posting a ticket. 504Hosting.com will have no liability to respond to tickets opened in inappropriate categories. You acknowledge that by asking our technical representatives for technical assistance, You authorize their intervention and operation in Your hosting account.
You must provide 504Hosting.com with all information and access to facilities that 504Hosting.com may reasonably require to provide the requested Technical Support.
You are solely liable for performing and storing a back-up copy of Your data, files and hosting account prior to requesting technical support and agreeing to any technical interference or operation, provided by 504Hosting.com. In the event You are not satisfied with the outcome of any technical action You shall be solely responsible for restoring the back-up copies of Your hosting account and uploading Your website.
You should not abuse the HelpDesk ticket system or other support services. Abuse of the HelpDesk system includes, but is not limited to, excessive number of tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for posting a ticket, etc. Any abuse of the HelpDesk system may result in warning, HelpDesk access restrictions, hosting account suspension or possible hosting account termination with no refund. 504Hosting.com has the sole right to decide what constitutes abuse of the HelpDesk system.
12. LEGAL PURPOSES
The web hosting and reseller hosting account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. The intent of 504Hosting.com is to provide space to serve web documents, not as an off-site storage area for electronic files and is governed by Our Disk Usage Provision, set out in Acceptable Use Policy. Violations of these or any other provisions of this Agreement may result in termination of the services provided by 504Hosting.com, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of 504Hosting.com based upon the severity of the violation. 504Hosting.com reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of 504Hosting.com's then current Acceptable Use Policy, in the sole and absolute opinion of 504Hosting.com.
13. ACCOUNT USE
You agree to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. You are responsible for security of Your password. 504Hosting.com will not change passwords to any account without proof of identification, which is satisfactory to 504Hosting.com, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that 504Hosting.com will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will 504Hosting.com be liable for any losses incurred by You during this time of determination of ownership, or otherwise. The You agree to indemnify and hold harmless 504Hosting.com from any and all claims arising from such ownership disputes.
While all purchases are processed in US dollars, 504Hosting.com may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, 504Hosting.com makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, You may be charged VAT, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process.
15. LIMITATION OF LIABILITY; WAIVER AND RELEASE
The services offered by 504Hosting.com are being provided "AS IS" and 504Hosting.com expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, 504Hosting.com expressly does not warrant that the 504Hosting.com products and/or services will meet Your requirements, function as intended, or that the use of the provided services will be uninterrupted or error free. In no event shall 504Hosting.com be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the services, even if 504Hosting.com is aware of or has been advised of the possibility of such damages.
Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge 504Hosting.com and all affiliates of 504Hosting.com, and all officers, agents, employees, and representatives of 504Hosting.com, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the products and services and Your acquisition and use thereof, including, but not limited to, the provision of the 504Hosting.com products and/or services by 504Hosting.com and its agents and employees. Further, You agree to defend, indemnify and hold 504Hosting.com harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should 504Hosting.com be notified of a pending law suit, or receive notice of the filing of a law suit, 504Hosting.com may seek a written confirmation from You concerning Your obligation to defend, indemnify 504Hosting.com. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that 504Hosting.com shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify 504Hosting.com of any such claim promptly in writing and to allow 504Hosting.com to control the proceedings. You agree to cooperate fully with 504Hosting.com during such proceedings.
You agree that any notices required to be given under this Agreement by Us to You will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information You have provided.
18. LEGAL AGE
You attest that You are of legal age to enter into this Agreement.
19. FINAL AGREEMENT
This Agreement, together with all modifications, constitute the complete and exclusive agreement between You and Us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us.
20. NO AGENCY RELATIONSHIP
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
22. ASSIGNMENT AND RESALE
Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without 504Hosting.com's prior express written consent.
23. FORCE MAJEURE
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over 504Hosting.com, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, 504Hosting.com may immediately terminate this Agreement.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.