Terms Of Service (TOS) & Acceptable Use Policy (AUP)

You should be aware that by signing up for an account with Hosting Marketers, you agree to position data on our servers, thus making it accessible to the wide public. In this sense, you accept that it is beyond the power of Hosting Marketers to restrict such access and guarantee the security of your files. You are completely in charge of protecting your data on Hosting Marketers servers, which suggests that you would better consider carefully any piece of information before uploading it to your newly allocated Hosting Marketers server space. It is recommendable to avoid publishing personal data that could be abused online.

The order form completion represents the electronic signing of this document.

ENTIRE AGREEMENT

Hosting Marketers shall provide its Services to You (the Customer) under the Terms and conditions of this Hosting Marketers Customer Agreement. The Agreement is intended to keep the integrity of both Hosting Marketers and the Customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.

Along with the Order Form and any other documents or agreements explicitly specified in this Agreement, the Customer Agreement constitutes the whole act of convention between Hosting Marketers and the Customer, thus being the most significant document of the newly-established relationship. In case that a court of competent jurisdiction considers that any of the Agreement’s provisions is invalid, unenforceable, or void, the remaining ones will completely reserve their validity.

Customer’s side of the Agreement could be presented by the following parties: an individual with personal demands, being over 18 years of age; a legal entity such as a corporation, a limited liability company etc. that is consistent with state’s law system. If a person represents the Customer for some reason, he/she should be legally authorized to act in his/her name, thus accepting, executing and delivering the Agreement.

You understand and agree that the Service is provided “AS-IS” and that Hosting Marketers assumes no responsibility for the timeliness, deletion, failure to deliver or store any Customer communication or personalization settings.

Hosting Marketers SERVICES

1. BANDWIDTH – Each hosting plan include prepaid bandwidth. Additional bandwidth is available. Contact us for more information. This bandwidth must be prepaid before using or otherwise the account will be suspended due over bandwidth usage.

2. DOMAINS HOSTED – Hosting Marketers hosting plans include domain hosting.

3. DISK SPACE – Additional disk space is available. Contact us for more information.

4. IP ADDRESS – Hosting Marketers hosting accounts do not include IP address. For many customers IP address is important for starting SSL sites and that’s why we allow purchasing IP addresses. Payment is accepted only in advance per year. Contact us for more information.

5. SSH – not included in hosting plans, but it is available. Contact us for more information.

Optional Hosting Marketers Services. These services, including but not limited to: Site Studio, Mailing Lists and other services offered are provided WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS. Hosting Marketers ADDITIONAL SERVICES OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON “AS IS” AND “AS AVAILABLE” BASIS. Hosting Marketers REJECTS ANY IMPLIED WARRANTIES. ANY OF Hosting Marketers’S EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY Hosting Marketers , INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.

SERVICE GUARANTEES

Hosting Marketers will guarantee 99.9% Hosting Marketers network uptime and 99.9% network stability uptime. This, however, does not refer to problems stemming from:

– Server Hardware Breakdown

– User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, Hosting Marketers is not responsible for the downtime)

– Failures due to software that is not explicitly supported by Hosting Marketers. Consequently, if a hardware crash provoked by the customer happens, Hosting Marketers is beyond the control and responsibility for the resulting downtime.

PAYMENT

Establishment of this service is dependent upon receipt by Hosting Marketers of payment of stated charges. Subsequent payments are due on the anniversary date of the month/year for that month’s/year’s service. The above applies to all accounts and services provided by Hosting Marketers.

Payments and Fees

Service will be suspended on accounts that reach 4 days past due. Accounts not paid by due date are subject to a $5.00 late fee. Upon suspended, you should pay all existing bills to unsuspend your account.

Service will be terminated on accounts that reach 10 days past due. Termination of account will cause all your data to be deleted from our server. Upon terminated, you should pay all existing bills to reactivate your account without any backup.

Hosting Marketers reserves the right to reduce the period at its own discretion at anytime.

Refunds & Cancellations (MONEY BACK GUARANTEE)

Accounts canceled under our money back guarantee (30 days) are subject to a full refund for the hosting account only (less any additional fees).

If you have violated our Terms Of Service (TOS) or our Acceptable Use Policy (AUP) (This Document), the money back guarantee no longer applies to you.

Domains, dedicated servers, Hybrid servers, SSL certificates, IP addresses and any additional services ordered are not governed by our money back guarantee.

You must allow up to 30 days for credit and refunds to be processed and applied to your account.

Chargeback’s or claims of unauthorized access to the buyer’s account is not considered as a way of refunding if the payment in question was for a normal subscription. Any customer who provides a credit card chargeback or opens a claim with Paypal because of a payment made automatically as a monthly or yearly subscription payment, that there was an unauthorized access to the his/hers account will have his account canceled and NO REFUND WILL BE ISSUED.

If you have paid yearly for your account but cancel while having unused months not yet paid for, the remaining unused amounts will not be refunded. Customers have 30 days to request a refund regardless of how many days, weeks, months or years you have paid for.

To cancel your Paypal subscription, please follow the steps on this blog post Here

Backup & Damages

Customer should always make your own backup. Hosting Marketers will not provide any back up of data at any time for any reason.

Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, customer agrees that Hosting Marketers shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Customer further acknowledges that the company’s liability for its own negligence may not in any event exceed the amount equivalent to charges payable by customer for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Hosting Marketers Services, you will not use the Hosting Marketers Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any Hosting Marketers Services, other accounts, computer systems or networks connected to any Hosting Marketers Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Hosting Marketers Services.

Hosting Marketers reserves the right at all times to disclose any information as Hosting Marketers deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the sole discretion of Hosting Marketers.

Hosting Marketers is within the capacity to refuse service to unlawful parties. Hosting Marketers servers can be used explicitly for legal purposes only and each attempt for taking indecent advantage of the servers inconsistent with the rules will be immediately rejected. In this light, Hosting Marketers expressly forbids any breach of Federal, State or Local regulation (USA Laws), including, but is not limited to the transmission of:

copyrighted material, material legally judged to be threatening and material protected by trade secrets.

Harm to Minors / Child Pornography: Using our services to harm minors in any way or transmitting (by email, uploading, posting or otherwise), distributing, downloading, copying, caching, hosting or storing on a server any child pornography as defined by U.S. law, is strictly forbidden and we will suspend the account and contact the FBI.

Hosting Marketers management will thoroughly scrutinize any of the received orders and decide to their own discretion which of them do not comply with the officially stated requirements for use of the company’s servers.

Hosting Marketers keeps the right to assess which behavior will be treated as a breach of this TOS/AUP and to give no refunds to the users whose accounts have been suspended for violating the aforementioned rules.

THIRD PARTY

Any dealings with third parties (including advertisers) included within the Hosting Marketers Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Hosting Marketers shall not be responsible or liable for any part of any such dealings or promotions.

Suspension of Service or Termination

Hosting Marketers reserves the right to suspend network access to any customer if in the judgment of the Hosting Marketers network administrators the customer’s account is the source or target of the violation of any of the other terms of the AUP or for any other reason which Hosting Marketers chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s account was suspended. The customer will also not be credited for any fees if their account has been terminated.

Hosting Marketers keeps the right to assess which behavior will be treated as a breach of this TOS/AUP and to give no refunds to the users whose accounts have been suspended for violating the aforementioned rules.

Service Denial

Hosting Marketers reserves the right to reject its service and terminate this agreement for a certain period of time or indefinitely upon customers’ failure to pay. The customer then is considered a debtor to Hosting Marketers and liable for reasonable interest and collection fees.

Acceptable Use Policy

You are solely responsible for the content of your messages. Using the Hosting Marketers Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.

In consideration of your use of the Service, you agree to:

1. Provide true, accurate, current and complete information about yourself as prompted by the registration form of the Service.

2. Maintain and promptly inform us to update Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Hosting Marketers has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hosting Marketers has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

3. When signing up for un account with Hosting Marketers, each customer agrees to submit correct and up-to-date contact details, meaning that when introducing any changes to this information, he/she is obliged to notify Hosting Marketers in the course of a 10-business-day period after the changes become valid. The introduction of changes should be done online through customer’s Control Panel, not via e-mail. This requirement is also in force for Hosting Marketers – customers will always be aware of any contact information changes that the company places within its website. This way, a flawless communication process between both sides is guaranteed.

4. You will receive a password and username upon completing the registration process of the Service. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. You agree to:

a – immediately notify Hosting Marketers about any unauthorized use of your password or account or any other breach of security

b – ensure that you exit from your account at the end of each session.

Hosting Marketers cannot and will not be liable for any loss or damage arising from your failure to comply with this.

5. Any Customer in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.

6. Harm to Hosting Marketers Servers – any attempts for doing harm to a server or customer of Hosting Marketers Services are explicitly banned

Hosting Marketers will immediately and resolutely react to any attempt of use of an Internet account or computer by a Hosting Marketers customer unauthorized by the account or computer owner. Such attempts include “Internet scamming” (tricking other people into releasing their passwords and etc.), password robbery, security hole scanning etc. It DOES NOT matter whether the attacked account or computer belongs or not to Hosting Marketers Services, the fraud will be subject to actions based on the very nature of the attack which could be a warning, an account suspension or cancellation and civil or criminal legal action.

7. CPU usage (or usage of the Central Processing Unit(s)) on the web server Customer’s account is hosted on is subject to some regulations. That means that each hosting account can take advantage of up to 10% of the CPU power for no longer than 180 seconds at any given time or 3% in the course of 24 hours. Hosting Marketers strongly requires that customers be very judicious when using the CPU power for their accounts. Otherwise, we may suspend customer accounts in cases of registered impact on other accounts on the server or disturbance caused to the functioning of the server. If we do suspend an account, then its owner will be notified of that in consistence with the situation that this suspension may provoke. Then the account’s owner may be required to upgrade to a dedicated or semi-dedicated web hosting solution. Possible alternative is a required reduction in the load and traffic that the customer’s account gets. Hosting Marketers reserves the right to block files or scripts that use CPU exceedingly and notify clients.

8. Customer agrees not to publish on or over its account any information, software or other content, which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.

9. Users are NOT allowed to send more than 1500 emails per month per hosting account.

10. Each account is entitled to host up to 50.000 files.

11. Hosting Marketers does NOT allow sites that provide any content, points of distribution, or ‘links’ to sites that:

a- infringe on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy

b- violate any law, statute, ordinance or regulation

c- are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene

d- contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another

e- contain Pirated or Hacking / Phreaking Software (Warez)- Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction

12. You may not run any IRC robot on any IRC server that might interfere with the Services or otherwise violate this TOS. When logged into any IRC server, you must comply with the rules and policies established by that IRC’s service administrator.

13. You may not use any Hosting Marketers services to send denial-of-service (DOS) attacks to any computer or network, or to “flood” any computer or network.

14. You may not host any type of HYIP, or proxy on Hosting Marketers servers.

Hosting Marketers reserves the right to add further restrictions to Customers’use of the Hosting Marketers Services if such further restrictions are reasonably necessary to keep its hosting service operating efficiently for all users.

Hosting Marketers keeps the right to assess which behavior will be treated as a breach of this TOS/AUP and to give no refunds to the users whose accounts have been suspended for violating the aforementioned rules.

Torturous Conduct

Any case of indecent treatment towards a Hosting Marketers employee will be considered inappropriate. Each Customer is anticipated to conduct a professionally mannered communication with Hosting Marketers employees regarding any requests for help through e-mail or by means of the Contact form on the site. Each Customer should avoid applying any forms of written emotional outburst or cursing. Any attempts of deliberately undermining behavior will be interpreted as a breach of this TOS/AUP. Other acts of treatment towards Hosting Marketers employees that will be considered as unacceptable include any verbal, oral, written or delivered by a second party threats addressing Hosting Marketers or any of its employees, partners, equipment, and concerns. Any forms of such threats will be interpreted as a breach of this TOS. Hosting Marketers keeps the right to assess which behavior will be treated as a breach of this TOS and to give no refunds to the users whose accounts have been suspended for violating the aforementioned rules.

SPAMMING IS PROHIBITED

We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:

a- the sending of unsolicited messages in bulk, or the sending of unsolicited e-mails, which provoke complaints from recipients

b- the sending of junk mail

c- the use of distribution lists that include people who have not given specific permission to be included in such a distribution process

d- posting commercial ads to USENET newsgroups that do not permit it

e- posting articles containing binary encoded data to non-binary newsgroups

f- excessive and repeated posting of off-topic messages to newsgroups

g- excessive and repeated cross-posting

h- e-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive

i- the e-mailing of age-inappropriate communications or content to anyone under the age of 18

“Spamming” is considered as explicit misuse of ethical principles and will be interpreted as a violation of them.

The maximum number of allowed e-mail messages sent per month is 1500. There are no exceptions to this rule. Every customer who is sending more than 1500 e-mail messages per month needs a dedicated server and cannot use a shared hosting account. Hosting Marketers keeps the right to assess which behavior will be treated as a breach of this TOS/AUP and to give no refunds to the users whose accounts have been suspended for violating the aforementioned rules.

FORCE MAJEURE CIRCUMSTANCES

Hosting Marketers will be in an off-liability position as regards the failure or delay in doing its professional duties in consequence of circumstances beyond its control. Such circumstances could be provoked by acts of any governmental body, war, rebellion, 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), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.

This agreement constitutes the whole act of convention between the parties with regard to the agreement signed between them. It is not subject to any amendments, modifications, or any other alterations with the exception of changes introduced through a written instrument that is signed by the party to be charged.

– This Agreement shall be interpreted in consistence with the laws of the State of Florida.

– This Agreement shall be in force and effect entirely to the benefit of the parties here to and their respective heirs, executors, administrators, successors and assigns. – The captions and headings contained in this TOS are aimed at facilitating the text comprehension. They are not a part of the very Agreement, and shall not limit or construe the provision they refer to. – This Agreement may be executed in counterparts, which will be considered as original.

COPYRIGHTS

Copyrighted material must not be placed on Customers’ accounts without the permission of the copyright owners or people that are specifically authorized by the copyright owners. Only copyright owners or people specifically authorized by them may upload copyrighted material to the account.

Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will assume no liability to any Customer of the Services for the removal of any such material.

Please report any violations of the Terms of Service to: abuse at hosting-marketers.com

Revisions to this Document

Hosting Marketers reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).