This Web Hosting Agreement ("Agreement") is between XYZ Hosting ("XYZ"), and the person (individual or legal person) who signs XYZ's service order and set up form (the "Order") incorporating this Agreement by reference ("Customer"). This Agreement governs Customer's use of XYZ’s Web hosting service.
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
We will make every effort to help you move your site to us, however, we cannot make guarantees of the transfer process. We cannot make guarantees regarding the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.
XYZ reserves the right to decide as to what constitutes as abuse and any material not mentioned below is left entirely up to the discretion of the XYZ staff.
Abuse can include, but is not limited to the following offenses:
Please note that any violation(s) could lead to a simple warning, temporary suspension of service, and or termination of clients account(s) without warning and without refund. In the event that an illegal act has been performed, local and/or federal authorities may be notified.
You agree to supply appropriate payment for the services received from XYZ, in advance of the time period during which such services are provided. You agree that until and unless you notify XYZ of your desire to cancel any or all services received, those services will be billed on a recurring basis.
As a client of XYZ, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Any invoice that is overdue will result in a 15% late fee and/or an account suspension until account balance has been paid in full.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact our Billing Team.
XYZ reserves the right to change the monthly payment amount and any other charges at any time.
Discount and coupon codes are applicable only to the Service to which they are validly applied. Discount and coupon codes are valid only towards the initial purchase and shall not affect the renewal or recurring price of any Service, unless a recurring discount is specifically referenced in the coupon or promotion and only to the extent set forth in that coupon or promotion. Discounts offered after you have purchased, or agreed to purchase, the Service are not applicable. Upon any downgrade, upgrade or closure of the Service to which the discount or coupon code was applied, the discount offered in connection with said discount or coupon code is considered null and void. Discount and coupon codes have no cash value and may not be transferred or used towards later purchases, downgrades, upgrades or modifications to any Service. Discount or coupon code abuse will not be tolerated under any circumstances, and may result in the suspension of the account, closure of the account or retroactive adjustment of related charges. XYZ reserves the right to discontinue any discount code or promotion at any time, for any reason or no reason, without notice.
Customer is free to cancel their account at any time by contacting our Billing Team, with their account information. Similarly, XYZ reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the AUP.
If an account with a thirty (30) day money-back guarantee is purchased and cancelled within thirty (30) days of sign up, the Customer will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Billing Team. Refunds made for a thirty (30) day money-back guarantee will not include domain registration fees, setup fees, or any fees for additional services that are purchased in the first thirty (30) days.
Money-back guarantee is only applicable to those products and services that are specified with this offer. Any other products or services with no specification of money-back guarantee are not entitled to a refund. Under the money-back guarantee, only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our money-back guarantee from being abused. XYZ reserves the right to determine the definition of first-time account. Violations of the Terms of Service will waive the refund policy.
You are allocated a monthly bandwidth and storage allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until more bandwidth or storage is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Your use of this service is at your sole risk. Our backup service runs once a day and only 30 days of backups are kept. This service is provided to you as a courtesy. XYZ is not responsible for files and/or data residing on your account. Customer agrees to maintain a current copy of all content hosted by XYZ notwithstanding any agreement by XYZ to provide backup services.
Shared accounts may not resell web hosting to other people. If you wish to resell hosting you must use a reseller account.
XYZ strives to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by XYZ monitoring systems or XYZ authorized/contracted outside monitoring services. If XYZ fails to meet its 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. XYZ does not credit a full month's service for minor downtime. This would not be financially healthy for XYZ, and in turn would only negatively affect the service level XYZ provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, XYZ may distribute full month credits, but this is dealt with on a case by case basis. Credits are issued for one month’s service only, never more.
You are fully responsible for the installation and operation of any and all scripts or applications. We will not troubleshoot or provide any support relating to malfunctioning scripts or applications. You are responsible for maintaining the latest version of any and all scripts and applications.
XYZ may refuse to accept any customer or any website for participation in the XYZ network as determined by XYZ at its sole discretion.
Customer agrees that it shall defend, indemnify, save and hold XYZ harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against XYZ, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless XYZ against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with XYZ; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from XYZ's server.
By using any XYZ services, you agree to binding arbitration. If any disputes or claims arise against XYZ or its subsidiaries, such disputes will be handled by an arbitrator of XYZ's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
XYZ may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
XYZ will not be responsible for any damages your business may suffer. XYZ makes no warranties of any kind, expressed or implied for services we provide. XYZ disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by XYZ and its employees.
All content on this website is Copyright © XYZ and may not be reproduced without express written consent. All logos, trademarks and/or service marks are the property of XYZ.
XYZ reserves the right to revise its policies at any time without notice.