Hostitcheap.com Terms of Service Agreement
Kazan Corp. agrees to provide you (User) with our services provided subject to User's compliance with the Terms and Conditions below.
Hostitcheap.com is a service / product of Kazan Corp. Kazan Corp. will be known as Hostitcheap for the remainder of this document.
Please read this Agreement carefully before accessing the service(s). By accessing the service(s), you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions you many not access or use the service(s).
The following Terms and Conditions are subject to change by the company at any time at its discretion. Your use of the Hostitcheap.com website and Hostitcheap.com services after such changes have been made are implemented constitutes your acceptance of the changes. Please consult these terms and conditions regularly.
The user will have access to a variety of sources of content through the Internet. The User understands and accepts that except for information, products and services clearly identified as being supplied by Hostitcheap.com, the company does not operate, control or endorse any information on the Internet in any way. Additionally, Hostitcheap.com exercises no control whatsoever over the content of the information passing through it’s systems. Accordingly, Hostitcheap.com will have no liability or responsibility whatsoever for any content contained within any such sources.
THE USER ACKNOWLEDGES AND AGREES THAT USER ACCESSES, USES AND RELIES UPON SUCH CONTENT AT USER'S OWN RISK. NEITHER HOSTITCHEAP.COM NOR ANY OF ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYES WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE NOR DOES HOSTITCHEAP.COM MAKE ANY WARRANTY AS TO THE RESULTS FROM USE OF THE SERVICE(S).
The User is responsible for implementing sufficient procedures and checkpoints to satisfy User's requirements for accuracy of data input and output, and for maintaining a means external from Hostitcheap.com for the reconstruction of any lost data.
Hostitcheap.com has no control over and accepts no responsibility whatsoever for published materials by the User that is sexually explicit, offensive, controversial and/or copyrighted.
HOSTITCHEAP.COM DISCLAIMS ANY AND ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL HOSTITCHEAP.COM, ITS EMPLOYEES, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYESS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THAT RESULT IN ANY WAY FROM USER'S USE OR INABILITY TO USE THE SERVICE(S) OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE(S), OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERROR, DEFECTS, DELAYS IN OPERATION OF TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATED LINE FAILURE, THEFT OF DESTRUCTION OF UNAUTHORIZED ACCESS TO ALERTATION OF OUR USE OF USER'S ACCOUNT.
THE EMPLOYEES OF HOSTITCHEAP.COM ARE NOT AUTHORIZED TO MAKE ANY ORAL REPRESENTATIONS OR VARIATIONS TO THE DESCRIPTION OR QUALITY OF THE SERVICE(S), AND THE COMPANY SHALL NOT BE LIABLE FOR ANY LIABILITY CAUSED RELYING ON SUCH REPRESENTATIONS.
IF THE PERFORMANCE BY HOSTITCHEAP.COM OF THE SERVICE(S) IS DELAYED OR HINDERED BY CIRCUMSTANCES OUTSIDE ITS CONTROL, OR AMOUNTING TO FORCE MAJEURE, HOSTITCHEAP.COM WILL, AS SOON AS IS REASONABLY PRACTICAL, GIVE THE USER NOTICE OF THE REASONS OF DELAY OR HINDRANCE. HOWEVER, FAILING TO GIVE SUCH NOTICE WILL NOT RESULT IN ANY LIABILITY FALLING ON HOSTITCHEAP.COM. IN THE CASE OF DELAY OR HINDRANCE CAUSED BY CIRCUMSTANCES AMOUNTING TO FORCE MAJEURE, HOSTITCHEAP.COM WILL RECOMMENCE PROVISIONS OF THE SERVICE(S) AS SOON AS THE CIRCUMSTANCES CAUSING DELAY OR HINDRANCE ALLOW.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE)
EXCEED THE AMOUNT USER HAS PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
User will indemnify and hold the Company, its licensors, content providers, service providers and contractors (the "Indemnified Parties") harmless from any breach of these Terms And Conditions by User, including any use of Content other than as expressly authorized in these Terms And Conditions. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User's use of the information accessed from the Hostitcheap.com website or from any Hostitcheap.com services.
User must provide complete and accurate contact information in the Registration Form and update such information as necessary to ensure completeness and accuracy at all times; failure to do so may result in suspension or cancellation of services. User will provide an email address other than the email address @ the domain(s) user is signing up under. User will notify HostitCheap.com of any change in Users mailing address, telephone, electronic mail or other contact information. HostitCheap.com is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If User needs to verify or change this information, User will keep information updated via HostitCheap.coms online account manage system at http://account.hostitcheap.com . If User needs assistance they may contact us via a helpdesk ticket at http://helpdesk.hostitcheap.com or Email.
User may not:
• post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
• post or transmit any information or software which contains a virus, cancelbot, Trojan horse, worm or other harmful component;
• post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service(s) for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
• upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service(s) which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder;
• upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service(s) itself or derivative works with respect thereto;
• send unsolicited advertising or promotional materials "spam" via electronic mail (See section titled "MESSAGING”). Hostitcheap.com has a zero-tolerance policy against spam. Any User's account of our service violating this policy may result in immediate termination of service.
• run or activate processes while User is not logged in;
• run or operate like services via connections into or received from Hostitcheap.com;
User agrees that Hostitcheap.com has the right to monitor the Service(s) electronically from and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service(s) properly, or to protect the company or its subscribers. Hostitcheap.com will not intentionally monitor or disclose any private e-mail message unless required by law. Hostitcheap.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. Hostitcheap.com reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion Hostitcheap.com following payment of a reconnection charge, to be determined by Hostitcheap.com in its sole and absolute discretion.
User agrees to limit their use of the Hostitcheap.com service, specifically regarding the use of Hostitcheap.com's electronic (e-mail) services, to the following restrictions:
• Mass Mailing
User is restricted to the transmission, or distribution, of no more than fifty (50) recipients, or addresses, per email message. This does not assume User is allowed to send such messages several times to groups smaller than the fifty (50) limit.
• Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.
• Fraudulent Addressing
User agrees that the purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the Hostitcheap.com service.
• Fraudulent Content
User agrees to be held responsible for the distribution of fraudulent materials.
VIOLATION of ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. Furthermore, violation of any of these terms, relating to the terms described within this "Messaging" section of this document, may result in the IMMEDIATE PENALTY of $200 HOSTITCHEAP.COM RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF HOSTITCHEAP.COM SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR HOSTITCHEAP.COM SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, HOSTITCHEAP.COM RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. User also agrees to the immediate termination of Hostitcheap.com services for violation of any of these terms.
Hostitcheap.com's policies and procedures for handling customer information have been created with the understanding that Internet technologies are still evolving. However, information transmitted through the Hostitcheap.com website and the Internet in general is not confidential. Hostitcheap.com cannot and shall not guarantee privacy or protection of any User.
Hostitcheap.com reserves the right to monitor any User's activity when deemed necessary for providing proper service and/or to protect the rights, property and interests of Hostitcheap.com.
The right to use Service(s) is not transferable. User shall be responsible for the confidentiality of User's password and any changes made to the account's password.
Purchases of Services
If the User wishes to make purchases of Service(s), User will be asked by the company to supply certain customer information, including credit card or other payment mechanism information. User agrees that all information User provides to Hostitcheap.com to be accurate, complete and current.
Billing and Cancellation of Services
All hosting services provided by Hostitcheap.com are month-to-month contracts allowing the User to cancel service at anytime. The User may cancel within the first 7 days of initial service to receive a full refund of the cost of the service plan. After the initial one-week grace period, the User must pay for the full month-to-month service upon cancellation. If during order registration the customer chooses a different billing cycle length (i.e. monthly, quarterly, annually or other) the service will be provided and auto-renewed at that contract length/billing cycle. All cancellation must be received 7 days prior to the renewal date.
Domain registration is a NON-REFUNDABLE service, as well as a purchase of digital web certificates and merchant accounts. Reseller hosting plans are also NON-REFUNDABLE.
The User is responsible for cancelling hosting services via http://www.hostitcheap.com/cancel. All canceled accounts are to receive a cancellation number for future confirmation. If you have registered a domain through Hostitcheap.com's registrar, domain name registrations DO NOT auto-renew at the end of the term each year unless the USER enabled domain registration auto-renewal within the account management interface. The user can enable or disable auto-renewal for domain registration renewals at the time of sign up or anytime after. The USER can turn off auto-renewal for the domain registration from the domain management interface at anytime.
Once a cancellation is received, the customer's account will be active until the end of the current billing cycle. No other charges will be made unless the customer has an unpaid balance. At the end of the billing cycle service shall be terminated. Customer data stored on our servers will then be deleted.
All and any charge backs issued by the User will automatically result in a $35.00 banking fine. If any billing discrepancies occur, the User is responsible for contacting the company's Billing Department in order to resolve billing error (s) via email at firstname.lastname@example.org.
Hostitcheap.com may use customer information to provide customers with information about products and services that might be of interest to the customer, or to enable the customer to take advantage of special partner programs. Hostitcheap.com may also use customer information to provide its customers with system information or information about new or upgraded products.
Backups and Data Loss
*All Resource Restrictions DO NOT Apply to Users with Dedicated Servers.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.
You are allotted a monthly bandwidth allowance which varies depending on the hosting plan you purchase. Should your account pass the allotted amount, we reserve the right to suspend the account until the start of the next allotment, suspend the account until more bandwidth 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 bandwidth does not roll over to the next month.
No Spam Policy
"Spam" is when an Internet user sends unsolicited bulk and/or commercial email messages over the Internet. The practice of “spamming" is prohibited by HostItCheap.com, and is enforced by our 0% tolerance policy. Once we receive complaints of a subscriber practicing spamming, HostItCheap.com has the discretion to determine from all of the evidence gathered whether the spammed email recipients were from an "opt-in" email list. If found guilty, the subscriber will no longer be entitled to receive hosting service from our company and will have to forfeit any paid balances of their account.
Spamming is not only harmful due to its negative impact on consumer attitudes toward Hostitcheap.com, but also because it can overload HostitCheap's network and disrupt service to Hostit Cheap.com subscribers. Maintaining an open SMTP relay is also prohibited.
Failure to Comply With Terms and Conditions.
Hostitcheap.com may deny User access to all or part of Service(s) without notice if User engages in any conduct or activities that Hostitcheap.com in its sole discretion believes violates any of the terms and conditions in this Agreement.
If Hostitcheap.com denies User access to Service(s) because of such a violation, User shall have no right (1) to access through Hostitcheap.com any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited.
Revised: December 2009