Terms of Service
________ Last Revision:
21-03-2013
Our Responsibilities
HostSEO™ Networks agrees to furnish services, which
are paid for, to the Customer, subject to complete compliance
to the AUP and TOS. HostSEO™ Networks reserves the right
to refuse any potential customer, at the sole discretion
of HostSEO™ Networks. The failure by a customer to meet
or follow any of the policies/terms is grounds for account
deactivation. HostSEO™ Networks will be the sole arbiter
as to what constitutes a violation of the AUP. HostSEO
reserves the right to remove any account without prior
notice.
Changes
The TOS and AUP are both subject to change at any time
at the sole discretion of HostSEO™ Networks, a change
in policy shall not be grounds for early contract termination
or non-payment. Customer recognizes that the nature
of the service supplied and the initial rates and charges
have been communicated to Customer. The Customer is
aware that from time to time rates may change based
on availability of hardware and overall market fluctuations,
if a change is going to in any way alter the recurring
monthly bill of a customer, it will be communicated
prior to actual billing.
Refunds
Only all hosting services rendered by HostSEO™ Networks
are eligible for a limited refund. Refund covers the
Hosting service plan itself, and does not include any
other services such as ssl certificate, domain registration
etc. Refunds are only offered within 25-days of account
registration, and only applies to the first service
of a new client. Additional orders are not eligible
for a refund. For example, if you've had an account
with us before, canceled and signed up again, or if
you have opened a second account with us, you will not
be eligible for a refund. Violations of this Agreement
will waive your rights under the refund policy. Services
that are suspended or terminated due to non-compliance
of the AUP and TOS are not eligible for refunds. Refunds
will be applicable for valid reason only which can't
be solved by us. If you do misbehave with the Support
Team (over Chat/Ticket/Phone/Email) that will also waive
the refund policy.
Suspension
If any violation of these rules will occur HostSEO reserves
a right to suspend a violating account. You, as an administrator,
will have a permission to reactivate your client account.
After the account will be reactivated, you or your client
will have 12 hours to resolve the incident. If incident
will not be resolved in 12 hours after you will reactivate
account or any violation will occur in future by the
same account, HostSEO reserves a right to terminate
violating account and disable client profile (we will
not disable your administrator profile, only your end
client profile). Root user will always safe from any
violated action caused by their end user.
Billing Methodology and Information
HostSEO™ Networks invoices for all services 10 days
prior to the due date. You are responsible for arranging
payment by the due date. If you want to cancel your service you need to inform us before 10 days of overdue date. Accounts that become past due
will be subject to a 10% (ten percent) late fee after
5 days of being overdue. This late fee is non-negotiable
and will be automatically added to any overdue invoices.
After an invoice becomes 20 days past due, all services
affiliated with the invoice are subject to immediate
termination. Excessive tardiness will not be tolerated
and could result in services being terminated or additional
late fees being assessed.
Fraud
In the event fraud is discovered, the fraudulent customer
is subject to immediate suspension/termination at the
sole discretion of HostSEO™ Networks. All information
available to HostSEO™ Networks about the fraudulent
account will be submitted to both local authorities,
as well any financial institutions involved. All fraud
orders are investigated, and all fraudulent customers
will be prosecuted to the fullest extent of the law,
whether it is within the United States, or abroad.
Disputes and Chargebacks
The Customer acknowledges that any attempt to dispute
or initiate a chargeback with Paypal, Payza, Skrill
or their Credit Card issuer will result in a suspension
of all services and a fine of $100 will be assessed
to the customer's account. A chargeback imposed
under false pretenses is considered Fraudulent and will
be treated as such.
Financial Liability
The Customer acknowledges that the service provided
is of such a nature that service can be interrupted
for many reasons other than the negligence of HostSEO™
Networks, and that damages resulting from any interruption
of service are difficult to ascertain. Therefore, the
Customer agrees that the company shall not be liable
for any damages arising from such causes beyond the
direct and exclusive control of HostSEO™ Networks. The
Customer further acknowledges that HostSEO™ Networks's
liability for its own negligence may not in any event
exceed an amount equivalent to charges payable by subscriber
for services during the period damages occurred. Any
attempt to violate TOS/AUP agreement is strictly prohibited
and may result in immediate termination of services
rendered by HostSEO without refund. HostSEO is the sole
arbiter as to what constitutes a violation of the above
provisions. A fine of one-hundred-fifty (150) USD may
be implemented for intentional server abuse, tos/aup
violation.
Support
HostSEO™ Networks provides hardware support related
to customers server functioning. HostSEO™ Networks does
not offer software support if the service is not Fully
Managed. HostSEO™ Networks only guarantees the default
installation of any software under fully managed hosting,
and in no way assumes liability for the configuration
of any software. HostSEO™ Networks is not responsible
for any data loss associated with mis-configuration
of scripts. HostSEO™ Networks may provide enhanced site
development support (including script configuration
and integration), for an additional fee. Please ask
sales or billing for enhanced site build-up support
pricing. Hosting customers may request for new php extensions
or, features on support ticket. HostSEO™ Networks does
not provide any type of Support to the Customers of
our Customers (Third Party Customers). We will only
provide support directly to Customers of HostSEO™ Networks.
Data and Backups
We perform weekly backups on all of our servers to ensure
critical files are never lost. Our servers having Hardware
Raid10 array enabled Harddrives, so primary drives data
also mirroring on secondary drives. Our server does
not create daily backups for users sites, you must manually
create a backup that you may download on your own, we
do not restore a file any user has accidentally deleted
or modified. The back-up restoration is for emergency
procedures only. You are advised to backup all of your
own files to your local drive. We are not responsible
for lost data, time, income or any other resource due
to faulty backups or non-existent back-ups.
Transfer / Migration
Our transfers team will make every effort to help you
move your site to us. However, transfers are provided
as a courtesy service, and we can not make guarantees
regarding the availability, possibility, or time required
to complete an account transfer. Each hosting company
is configured differently, and some hosting platforms
save data in an incompatible or proprietary format,
which may make it extremely difficult if not impossible
to migrate some or all account data. We will try our
best, but in some cases we may be unable to assist you
in a transfer of data from an old host. Free transfer
facilities are available for 30 days from your sign
up date. Transfers outside of the 30 day free period
will incur a charge; please contact a member of the
transfers department with specific details to receive
a price quote. HostSEO reserves the right to migrate
your account from one data center to another in order
to comply with applicable data center policies, local
law or for technical or other reasons without notice.
DMCA Complaints
HostSEO™ Networks handles any and all DMCA complaints
very seriously, and will investigate them. HostSEO™
Networks reserves the right to pursue civil remedies
for any costs associated with the investigation of a
substantiated policy violation. Use of our services
to infringe upon any copyright or trademark is prohibited.
This includes but is not limited to unauthorized copying
of music, books, photographs, or any other copyrighted
work. The offer of sale of any counterfeit merchandise
of a trademark holder will result in the immediate termination
of your account. Any account found to be in violation
of another's copyright will be expeditiously removed,
or access to the material disabled. Any account found
to be in repeated violation of copyright laws will be
suspended and/or terminated from our hosting. If you
believe that your copyright or trademark is being infringed
upon, please email at
abuse@hostseo.com
with brief information. If the request is of a licensing
issue, we may require further documentation. We take
DMCA Complaints extremely seriously, save yourself and
us the trouble.
Click here <
to get instructions for DMCA and Abuse complain procedure.
Usage and Overages
Our service plans are designed to accommodate the majority
of usage scenarios given the needs of our customers.
However, your usage may vary and require additional
allocations, specifically in the areas of storage and
traffic. We will never charge your card automatically
if your account requires more resources. You must keep
your email address updated within your cPanel, so that
you may receive an email when your account reaches certain
limits determined solely by our system, ie. bandwidth
exceed warning at 80% at which time you may contact
us to purchase a higher transfer quota for your account.
If you do not contact us, the system will suspend your
site if your allotments exceed.
HostSEO™ Networks
web hosting accounts are not to be used for the purposes
of distributing and/or storing an unusual amount of
files. We are a web hosting provider not a remote file
storage provider. Any web site whose disk space usage
for storing the files exceed 70% of its total usage,
either in terms of total size or number of files, will
be deemed to be using unusual amount of files. At that
point, if we find that those files are illegal or harmful
in any way, you will be notified. If you do not have
any negative intentions such as causing harm to our
server or to others with the files you keep, then you
have nothing to worry about.
Customer's programs
and services may not use more than 90% of one CPU core
per process thread for more than 15 minutes. Customer's
programs and services will be limited to 90% of 1 CPU
core if found to be using more than 90% of one CPU core
per process thread. Subscriber's programs and services
may not use more than 200% of two CPU cores for more
than 2 minutes.
IP Blacklists
If any Customer or any Third Party User that is a customer
of our Customer uses HostSEO™ Networks services, network,
or its physical Information in a manner that causes
HostSEO™ Networks, or any IPs issued by HostSEO™ Networks
to be blacklisted or blocked, HostSEO™ Networks reserves
the right to suspend or terminate services of such customer
and/or suspend or terminate the access to services,
network, and/or its physical Information. Operating
HostSEO™ Networks service on behalf of, or in connection
with or reselling any service to persons or firms listed
in the Spamhaus Register of Known Spam Operations database
at www.spamhaus.org shall constitute a violation of
this AUP.
Security
Users are prohibited from violating or attempting to
violate the security of the HostSEO™ Networks. Violations
of system or network security may result in civil or
criminal liability. HostSEO™ Networks will investigate
occurrences, which may involve cooperation with law
enforcement authorities in prosecuting Users who are
involved in such violations. These violations include,
without limitation:
1) Accessing data not intended
for such user or logging into a server or account, which
such user is not authorized to access,
2) Attempting
to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures
without proper authorization,
3) Attempting to interfere
with service to any user, host or network, including,
without limitation, via means of ‘overloading’, ‘flooding’,
‘mail bombing’ or ‘crashing’,
4) Forging any TCP/IP
packet header or any part of the header information
in any e-mail or forum posting,
5) Taking any action
in order to obtain services to which such User is not
entitled,
6) Attempting to couple many hosting packages
together to take advantage of massive space or bandwidth
allocations,
Each hosting package purchased is unique
to a do main name and use – you are not allowed to purchase
multiple plans to obtain combined bandwidth & space.
HostSEO™ Networks will stop such transactions and label
them as deceptive. We have an upgrade path for all services
and we can often times work out special deals for users
if they ask us for the assistance.
Violations
of system or network security are prohibited, and may
result in criminal and civil liability. 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,
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 email or a newsgroup posting.
Denial of Service Attacks
Any activity which affects the ability of other people
or systems to use any services or other Internet services.
This includes "denial of service" (DOS) attacks
against another network host or individual user. Interference
with or disruption of other network users, services
or equipment is prohibited. It is the client's responsibility
to ensure that their server is configured in a secure
manner. A client may not, through action or inaction,
allow others to use their network for illegal or inappropriate
actions. Unauthorized entry and/or use of another company
and/or individual's computer system will result
in immediate account termination.
Liabilities
HostSEO™ Networks, makes no endorsement, claims, or
promises regarding the services offered by our customers
and will not be held liable for any disputes or claims
against said customers. In no event shall HostSEO™ Networks
be liable for any direct, indirect, incidental, consequential,
special and exemplary damages, or any damages whatsoever,
arising from the use or performance of this web site
or from any information, services or products provided
through your web site. We are not responsible for any
content on any server in our network and will not take
any action against any questionable material or action
until the website in question is brought to our attention
by emailing us.
Payment Verification
Customers agree to potentially having to submit to fraud
checking measures, designed for both the security of
the customer as well as the security of HostSEO™ Networks.
The fraud checks require scan copy of CreditCard Authorization
Form by HostSEO™ Networks, a front side screenshot of
the Credit Card used as payment, as well as a valid
scan copy of recent photo ID (Passport/Driving License/Student
ID). We may ask for Payment Verification if payment
done by Credit/Debit Cards and Payza. If payment made
from unverified PayPal accounts, we may ask for verification
documents as well.