|
Navigate |
|
|
|
|
|
|
TERMS AND CONDITIONS. |
|
Welcome to Art Fort, LLC /dba/ the HostingPower.
The usage of "Us", "We", "Our", "Site", "the Company" and "Ours" shall constitute reference to Art Fort, LLC /dba/ the HostingPower
and the usage of "you", "your", "they", and "them" shall refer to client / customer of HostingPower.
Please read the following Terms of Service carefully before using or ordering/downloading any of
our products, so that you are aware of your legal rights and obligations with respect to HostingPower
and its affiliates and subsidiaries.
|
|
I. GENERAL TERMS.
We do not allow Adult, Warez, illegal MP3 Sites or IRC Bots
When your account is closed, all files (including web pages, etc.) will be deleted
We reserve the right to amend Terms and Conditions at any time without notice.
To protect your privacy we never distribute your name or e-mail address to any third parties
Users must not participate in any form of unsolicited emailing or spam
By logging into your account, or uploading files to it, you are indicating your acceptance of these Terms and Conditions
|
|
II. ACCEPTANCE.
By using the Company Site, purchasing hosting packages or other products,
you are agree, without limitation or qualification, to be bound by, and to comply with,
these Terms of Service and any other posted guidelines or rules applicable to any product
of the Company.
You also agree to ensure that anyone who uses the Company products on your computer
also abides by the Terms of Service.
|
|
III. REGISTRATION AND PRIVACY.
Certain of the Products and Services will require the user to register and provide certain data.
In consideration of use of such Products and Services, in registering and providing such data,
you represent and warrant that:
(a) the information about yourself is true, accurate, current,
and complete as required by the Company registration forms.
(b) you will maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or the Company has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, We has the right to suspend or terminate
your account and refuse any and all current or future use of the Products and Services.
Your privacy is very important to us at HostingPower.
To better protect your rights we have provided the HostingPower Privacy Policy
to explain our privacy practices in details.
|
|
IV. SERVICE RATES.
You acknowledge that the nature of the service furnished and the initial rates and charges
have been communicated to You. You is aware that the Company may prospectively change
the specified rates and charges from time to time. The promotional offer is contingent upon
Company achieving and maintaining its cost of service goals including but not limited to rates
charged to company by its suppliers.
|
|
V. PAYMENT:
All charges for Services must be paid in advance according to the current price applicable
to the Services by credit card or other method you choose during signup process.
Upon registering for HostingPower Services, you thereby authorize HostingPower to charge your
credit or debit card to pay for any charges that may apply to your account.
You must notify HostingPower of any changes to your card account
(including, without limitation, applicable account number or cancellation or expiration of the account),
your billing address, or any information that may prohibit HostingPower from charging your account.
|
|
VI. PAYMENT AND FEES:
Failure to Pay The Company may temporarily deny service until payment is received or terminate this Agreement upon the failure
of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber
of responsibility for the payment of all accrued charges. Service will be interrupted on accounts
that reach 10 days past due. Service will be terminated on accounts that reach 30 days past due.
|
|
VI. MONTHLY RECURRING CHARGES:
We have to receive payment from You by the first day of each billing cycle. Billing cycles are based on when
you initially signed up for service.
HostingPower offers six billing cycles (terms) for hosting charges: Quarterly (3 months), Semi-Annually (6 months), Yearly (12 months), Biennially (2 years or 24 months).
The billing cycle begins on the plan activation date. You may elect to change your billing cycle
at any time; however, the new billing cycle will only take effect at the time of the next plan renewal.
Some additional features added to an account are charged monthly.
In order to insure uninterrupted service to your website, all plans will automatically renew at
the end of the plan's billing cycle. Plan renewal charges are based on the prevailing rate on
the date of renewal according to the service selected. Plans are renewed for the same billing cycle.
If you wish to cancel your plan before plan renewal, please refer to the
CANCELLATION section of the Terms.
HostingPower operates on online invoicing and billing system.
You will be notified by email when an invoice is ready or payment has been received.
Credit cards that are declined for any reason are subject to a $10.00 declination fee.
Service will be interrupted on accounts that reach 10 days past due. Service interrupted
for non-payment is subject to a $10.00 reconnect charge. Accounts not paid by due date
are subject to a $5.00 late fee.
|
|
VII. NETWORK:
IP Address Ownership:
Any network IP address assignments issued by us are the property of the Company and
are considered to be loaned to its customers.
Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month
for the Services ordered by Customer on the Order Form. The Company will monitor
Customer's bandwidth and disk usage. The Company shall have the right to take corrective action
if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may
include the assessment of additional charges.
System and Network Security:
Users are prohibited from violating or attempting to violate the security of
the Company's Network. Violations of system or network security may result in civil or
criminal liability. We will investigate occurrences, which may involve such
violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users
who are involved in such violations. These violations include, without limitation:
a). Accessing data not intended for such User or logging into a server or account,
which such User is not authorized to access.
b).Attempting to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper authorization.
c). Attempting to interfere with service to any user, host or network, including, without
limitation, via means of overloading, "flooding", "DDOS attac" or "crashing".
d). Forging any TCP/IP packet header or any part of the header information in any e-mail
or newsgroup posting.
e).Taking any action in order to obtain services to which such User is not entitled.
Uptime Guarantees
This 99.9% uptime guarantee applies to all Our clients in good financial standing
with Hosting Plans at the time of a service outage.
Your web site content is available for HTTP access by any party in the world 99.9% of the
time as measured at the Company demarcation router.
the Company is not responsible for Internet outages external to the Company network.
99.9% Uptime Guarantee Credits
Credits as follows are issued anytime if HostingPower does not meet the 99.9% uptime guarantee:
For any shared hosting client, such credit shall be retroactive and shall be as calculated below
and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed the
monthly service charge for the affected month.
| Shared Host Monthly Uptime |
Credit |
| 95% to 99.8% |
25% |
| 90% to 94.9% |
50% |
| 89.9% or below |
100% |
Credit Claims
You must request credit within ten (10) days after you experience down time.
Send an electronic mail through our Ticket System to Our Billing departmentand specify account username
and dates of outage. We will credit your account within sixty (20) days of your approved
credit request. Credit to your account shall be your sole and exclusive remedy in the event
of an outage covered by this 99.9% uptime guarantee.
Credit Claim Restrictions
Credit claims resulting from the following conditions will not be approved:
(a) Scheduled maintenance as posted from time to time at the Company.
(b) Behavior or the performance or failure of your equipment, facilities or applications that results
in an outage.
(c) Circumstances beyond the Company's reasonable control, including, without limitation,
acts of any governmental body, war, insurrection, 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,
domain name registration/transfer, failure of third party software or hardware or inability to
obtain raw materials, supplies, or power used in or equipment needed for provision of your web site.
(d) Client breaking any item in this Terms of Service or/and Acceptable Use Policy.
|
|
Suspension of Service or Cancellation:
the Company reserves the right to suspend network access to any customer if in the judgment
of the Company's network administrators the customer's server or hosted web site is the
source or target of the violation of any of the other terms of this Agreement or for any other
reason which the Company 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
machines or web site were suspended. An administration fee may be charged to the customer.
|
|
VIII. Content Policy:
All services provided by HostingPower may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in violation of any
United States Federal, State or City law is prohibited. This includes, but is not limited to:
copyrighted material, trademark, intellectual property, material we judge to be threatening or
obscene, or material protected by trade secret and other statute without proper authorization.
The customer agrees to indemnify and hold harmless HostingPower from any claims resulting
from the use of the service which damages the customer or any other party.
Pornography and sex-related links or merchandising is prohibited on the Company's servers.
This includes sites that may infer sexual content, or links to adult content elsewhere.
We will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging
to the Company's servers or any other server on the internet. Links to such materials are
also prohibited. Examples of unacceptable content or links:
Pirated software
Hacker programs or archives
Warez sites
Pornography or Adult Material
Illegal MP3 Sites
Any deliberate attempt to cause damage to Our servers
will result in immediate account deactivation without prior notice. No refund is given in this case.
|
|
IX. Scripts Policy:
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish,
however we reserve the right to disable any CGI script that effect normal server operation or service
to other HostingPower customers. For the protection of all our customers, we also reserve the
right to discontinue service to those customers who continue to run scripts that effect normal
server operation.
This policy applies to any program hosted on our servers, including but not limited to: php, ssi, etc.
|
|
X. Refunds and Disputes:
All requests for refunds must be issued in written maner through our Ticket System.
The Company does not issue any refunds automatically.
The customer must submit a trouble ticket through the Company Ticket System in order to apply
for a refund. Please refer to the Refund policy.
|
|
XI. Limitation of Liability:
The HostingPower is not responsible for any
damages, injury or economic loss arising from the use of the content or Services provided by the Company.
For greater certainty and without limitation to the generality of the following:
(a) in no event will the Company be liable to you for any direct, indirect, incidental or consequential
damages or economic loss arising out of the Service or in connection with your website or any other
services or products provided to you;
(b) The HostingPower, its officers, directors, owners, agents and employees shall in no way be liable to you or
anyone else for any loss or injury resulting from use of the Service or the Site;
(c) in no event shall the Company be held liable for any damages or economic loss, whatsoever,
as a result of notifying any official of potentially illegal content on the Site, providing
copies of your data files to the appropriate authorities or cooperating with law enforcement
efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
|
|
