Legal | Terms of Service Agreement

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Hostscheap Terms of Service Agreement

This Universal Terms of Service Agreement ("Agreement") sets forth the terms and conditions of the use of our systems, software, platforms, APIs, and the use and/or purchase of our products and related services and for the purchase and/or use of any products and services acquired through HostsCheap from our partners and/or affiliates (collectively "Services").

In this Agreement "You" and "Your" refer to You as the user of our Services, or any agent, employee, servant or person authorized to act on Your behalf. "We", "Us" and "Our" refer to HostsCheap, Inc., as well as its subsidiaries and sister companies (“HostsCheap”). This Agreement explains Our obligations to You, and explains Your obligations to Us for using Our Services. These obligations are in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.

When You use Our site, Your account (or You permit someone else to use it) to purchase or otherwise acquire access to Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement, along with the following policies and the applicable product agreements, which are incorporated by reference herein.

[1] Term of Agreement; Modification.

You agree that HostsCheap may, in its sole and absolute discretion, modify this Agreement and the Services it offers to You from time to time and that such modifications are effective immediately upon posting to this site. Your use of the site or Services, after such changes or modifications have been made, constitutes Your agreement to be bound by this Agreement as last revised. If You have purchased Services from HostsCheap, the terms and conditions of this Agreement shall continue in full force and effect, including any changes made to this Agreement, as long as You take advantage of and use the Services.

[2] Eligibility & Authority.

Our site and Services are available only to users who can form legally binding contracts under applicable law. By using this site and/or the Services, You represent and warrant that you are at least eighteen (18) years of age and not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.

If You are entering this Agreement on behalf of a corporate entity, You represent and warrant that You have legal authority to bind such corporate entity to the terms and conditions contained in this Agreement (and those additional agreements and policies incorporated by reference), in which case “You”, “Your” will also refer to such corporate entity. If, after acceptance of this Agreement, We find that You do not have the legal authority to bind said corporate entity, You will be personally responsible for the obligations contained in this Agreement and any/all related agreements that You enter into based on the Services You use, including but not limited to the payment obligations. HostsCheap shall not be liable for any loss or damage resulting from Our reliance on any instruction, notice, document or communication reasonably believed by Us to be genuine and originating from an authorized representative of Your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, We reserve the right (but undertake no duty) to require additional authentication from You. You further agree to be bound by the terms of this Agreement, and any other agreement and/or policies required by the Services purchased, for transactions entered into by You, anyone acting as Your agent and anyone who uses Your account or the Services, whether or not authorized by You.

[3] Accounts; Accurate Information; Transfer of Data Abroad.

Accounts & Accurate Information. In order to access some of the features of this site or use some of the Services, You will have to create an Account. You represent and warrant that all information You submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. You further agree to maintain accurate information by providing updates to Us, as needed, while You are using the Services. You agree that You will notify HostsCheap within five (5) business days of any change in the information You provided as part of the application and/or registration process and as required by Your Account. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by HostsCheap to determine the validity of information provided by You will constitute a material breach of this Agreement.

If We have reason to believe that Your Account information is untrue, inaccurate, not current, misleading or incomplete, We reserve the right, in Our sole and absolute discretion, to suspend or terminate your Account and any Services.

You are solely responsible for the activity that occurs on Your Account, whether authorized by You or not, and You must keep your Account information secure, including without limitation Your customer username/login, support pin code, password, API key (if any) and any/all content which might include payment details.

You must notify HostsCheap immediately of any breach of security or unauthorized use of Your Account. We will not be liable for any loss You incur due to any unauthorized use of Your Account. You, however, may be liable for any loss We or others incur caused by Your Account, whether caused by You, or by an authorized person, or by an unauthorized person. Further, You agree that We may charge You administrative fees equal to $50 (US Dollars) per hour for Our time spent in relation to said matter, regardless of whether or not We return control over the Account and/or domain names in question to You.

Transfer of Data Abroad. If you are visiting this Site and/or using Our Services from a country other than the country in which Our servers are located, Your communications with Us and/or use of Our Services may result in the transfer of personal information (including Your Account information) across international boundaries. By visiting this Site, using Our Services and communicating electronically with Us, You consent to such transfers.

[4] Data Protection, Use & Processing.

HostsCheap offers certain hosted Services available to you that may involve the submission, collection and/or use of personally identifying or identifiable information about you and your own customers (“Your Data”) in the course of your use of these Services (“Covered Services”). Your Data, for the purpose of this Section, excludes any User Content. HostsCheap’s Controller to Processor Data Processing Addendum (“DPA”), which is hereby incorporated by reference and applicable to Covered Services, is meant to provide you contractual assurance that we have robust mechanisms to ensure the processing of Your Data, including transfers of Your Data from the EEA is compliant with applicable data privacy laws.

For the purposes of the Controller to Processor DPA and the Standard Contractual Clauses attached to the DPA (when and as applicable), you (and your applicable affiliates) are considered the Data Controller/Data Exporter, and your acceptance of the terms of service governing Covered Services at the time of purchase of any Covered Services will also be treated as your acknowledgment and acceptance of the DPA and its appendices (including the Standard Contractual Clauses and its appendices, as applicable). If you wish to print, sign and return a physical copy of the Controller to Processor DPA, please send an email request to support@hostscheap.com

Covered Services, as defined in this Section and in the Controller to Processor DPA, include hosted services that are subject to the terms and conditions of the TOS

[5] Availability of Website & Services.

We shall use commercially reasonable efforts to attempt to provide this site, the Services available to purchase on Our site and Our Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that We undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that We have no control over the availability of this Site or Services on a continuous or uninterrupted basis, and that We assume no liability to You or any other party with regard to such, including but not limited to loss of revenue.

From time to time, HostsCheap may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. Beta Services, unless otherwise exempted, are subject to the following:

If You elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that Your use of the Beta Services may expose You to unusual risks of operational failures; (iii) The Beta Services are provided as is, so We do not recommend using them in production or mission critical environments; (iv) We reserve the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) HostsCheap may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding Your experience with the Beta Services in a form reasonably requested by Us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use Your feedback for any purpose, including product development purposes. At Our request You will provide Us with comments that We may use publicly for press materials and marketing collateral. Any intellectual property inherent in Your feedback or arising from Your use of the Beta Services shall be owned exclusively by HostsCheap; (viii) You acknowledge and agree that all information regarding Your use of the Beta Services, including Your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to HostsCheap; (ix) the Beta Services are provided “as is”, “as available”, and “with all faults”. To the fullest extent permitted by law, HostsCheap disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

HostsCheap offers, as part of the Services available to You, products and/or services from third parties. These products and/or services are subject to the terms of this Agreement, including any additional policies and agreements required, and this Agreement controls as between You and HostsCheap. Nothing contained in any agreement executed between You and a third party provider shall eliminate, reduce or add to the obligations of HostsCheap as described herein.

All paid Services are non-refundable, unless otherwise specified.

[6] Account Panel.

The account panel associated with Your Account (“Account Panel”) enables You to purchase, renew, extend, suspend or cancel Service(s). You acknowledge and agree that You will not use the Account Panel to abuse and/or overload any of Our Systems or Services or any API. Abuse of the Account Panel will be determined in Our sole and absolute discretion. It includes but is not limited to repetitive, high volume requests, inquiries, calls or other excessive use or abuse of Our Systems or Service(s) or any API. You further agree to abide by such guidelines on acceptable use of Our Services (and/or the Account Panel) as set forth by Us, which may change at any time in Our sole and absolute discretion. In addition to any other right to terminate, HostsCheap specifically has the right to immediately terminate Your Account, without notice or right to cure, in the event that You violate this term.

[7] Acceptable Use Policy (AUP).

You acknowledge and agree to the following with respect to all of Our Services:

A. You will use all Services for lawful purposes only and You will comply with the terms of this Agreement and any other agreements you have entered into by virtue of purchasing or using Our Service(s) in addition to all applicable local, state, national and international laws, rules and regulations.

B. You will not collect or harvest (or permit anyone else to collect or harvest) any user content (as defined below) or any non-public or personally identifiable information about any other user or any other person or entity without their express permission.

C. You will NOT use our site or Services in a manner (as determined by Us in our sole and absolute discretion) that:

• ★ Violates the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government and/or international laws or customary industry acceptable use standards;
• ★ Promotes, encourages or engages in child pornography or the exploitation of children;
• ★ Promotes, encourages, engages or displays cruelty to humans or animals;
• ★ Promotes, encourages or engages in terrorism, violence or hatred against people, animals or property;
• ★ Transmits any unsolicited commercial or bulk email, or engages in any activity known or considered to be spamming or Mail Bombing;
• ★ Makes any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum;
• ★ Makes, attempts or allows any unauthorized access to HostsCheap website, servers, account, Your own hosting account or the account of any other customers of HostsCheap;
• ★ Allows any remote code execution of malicious software through a hosting account or any APIs provided by HostsCheap;
• ★ Causes denial of service attacks, port scans or other endangering and invasive procedures against HostsCheap servers and facilities or the servers and facilities of other network hosts or Internet users;
• ★ Forges the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the user;
• ★ Infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information;
• ★ Contains viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware;
• ★ Contains any kind of proxy server or other traffic relaying programs;
• ★ Uploads unacceptable material which include: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc.), cryptocurrency miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts;
• ★ Engages in or instigates actions that cause harm to HostsCheap or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by any online spam database, actions resulting in DDOS attacks for any servers, etc.;
• ★ Reverse engineers any API or attempts to use an API to obtain confidential information;
• ★ Circumvents an API in order to violate HostsCheap restrictions such as, but not limited to, accessing products and services owned by other customers, avoiding payment for Services;
• ★ Overloads Our systems, including APIs, in any way; or
• ★ Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription;
• ★ Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity.

D. You will not access HostsCheap Content (defined below) or User Content (also defined below) through any technology or means other than through this site itself, or as We may designate.

E. You agree to back-up all of Your User Content, including email and applicable content, so that You can access it when needed. HostsCheap does not warrant that We back-up any account, User Content and/or email and applicable content, and You agree to accept as a risk the loss of any and all of Your User Content.

F. You agree to provide government-issued photo identification and/or government-issued business identification, plus whatever else We deem required and necessary, in order to verify Your identity.

HostsCheap reserves the right to refuse Services to anyone upon Our discretion. Any material that in HostsCheap’s judgment is either obscene or threatening is strictly prohibited and will be removed from HostsCheap 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 AUP 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 AUP is found, HostsCheap will take corrective action upon Our own discretion and will notify You. HostsCheap’s decision in such case is binding and final, and cannot be a subject of a further change. HostsCheap cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to HostsCheap or any other third party.

You further agree to the product and service specific AUPs which are incorporated herein by reference:

Acceptable Use Policy — HostsCheap Acceptable Use Policy for web hosting clients

[8] HostsCheap Content; User Content.

In addit