|
All users of HostDone’s
services, and all customers upon signing up for
HostDone’s services, agree to comply with HostDone’s
Terms of Use .To ensure customers are using
HostDone’s services with due regard to the rights of
other Internet users and in conformity with the
requirements of HostDone’s network environment. Our
Terms are not exhaustive and HostDone reserves the
right to add, delete, or modify any provision of its
Terms of Use at any time without notice. Any
complaints about a customer's violation of the Terms
of Use should be sent to
abuse@HostDone.com. The Terms of Use supersedes
any other agreement with HostDone, whether written,
oral, by conduct, or otherwise.
By using the HostDone Web Site, Hosting Services,
any Support Services, or any other products or
services of HostDone, you agree to be bound by the
terms of this Agreement. Any amendments, changes,
additions, deletions or other modifications of this
Agreement are void unless specifically expressed in
writing and agreed to by HostDone.
Payment of fees
| a.
|
|
Customer will pay to HostDone the
Service Fees and Domain Service Fees where
applicable. All such fees are subject to
change without notice. |
| b.
|
|
The Service Fees do not include any
applicable sales or other taxes imposed by
any taxing authority. |
| c.
|
|
All fees and related charges shall be
due and payable within thirty (30) days
after the date of the invoice. If any
invoice is not paid within forty five (30)
days after the date of the invoice, HostDone
may charge Customer a late fee of $20.00. |
| d.
|
|
If HostDone collects any payment due at
law or through an attorney at law or through
a collection agency, Customer will pay all
costs of collection, all court expenses and
HostDone reasonable attorneys' fees. |
| e.
|
|
If any check is returned for
insufficient funds you will be charge of
$25.00. |
| f.
|
|
Payment of fees must be made by Credit
Card (American Express, Visa, MasterCard,
and Discover). Payment for all products and
services is due in advance, unless
specifically stated otherwise in the offer
or promotion pursuant to which you have
ordered or are ordering the HostDone
Services. All payments shall be made in
United States Dollars. |
| g.
|
|
YOU ACKNOWLEDGE, AGREE AND AUTHORIZE
PAYPAL (HostDone) TO AUTOMATICALLY BILL
AND/OR CHARGE ON YOUR CREDIT CARD FOR
SUCCESSIVE TERMS. UNLESS SERVICES
TERMINATED. |
Domain names and registration services
| a.
|
|
At your request, HostDone may acquire a
Second-Level Domain Name ("Domain Name"), on
your behalf and in your name, assuming that
the Domain Name you request is available for
registration. HostDone will not own or
otherwise legally control any Domain Name.
HostDone provides this service as a
convenience to you only. WE ARE NOT
REPOSABLE FOR damages, losses, claims. |
| b.
|
|
Domain Names registered by HostDone on
your behalf through a variety of Domain Name
Registration Services (each a "Registrar").
In particular, registration of Domain Names
binds you to the terms of the Uniform Domain
Name Dispute Resolution Policy ("UDRP")
Registration of Domain Names
Terms and conditions for the registration
of domain names:
|
Domain |
applicable
terms and conditions |
| .com |
http://www.icann.org/udrp/udrp.htm
ADDITIONAL TERMS AND CONDITIONS FOR
THE REGISTRATION OF .COM AND .NET
DOMAIN NAMES |
| .net |
httpl://www.icann.org/udrp/udrp.htm
ADDITIONAL TERMS AND CONDITIONS FOR
THE REGISTRATION OF .COM AND
.NET DOMAIN NAMES |
| .org |
http://www.icann.org/udrp/udrp.htm
ADDITIONAL TERMS AND CONDITIONS FOR
THE REGISTRATION OF
.ORG DOMAIN NAMES |
| .info |
http://www.icann.org/udrp/udrp.htm
ADDITIONAL TERMS AND CONDITIONS FOR
THE REGISTRATION OF
.INFO DOMAIN NAMES |
|
| c.
|
|
You warrant to HostDone that any Domain
Name you may seek to register through
HostDone does not violate the rights of any
third party, in particular trademark rights,
|
| d.
|
|
You own your Domain name and you have
full responsibility on it under Uniform
Domain Name Dispute Resolution Policy
("UDRP"). |
Internet Protocol (IP) Address Ownership
If HostDone assigns Customer an Internet Protocol
("IP") address for Customer's use, the right to use
that IP address belong only to us, and our Customer
should have no right to use that IP address except
as permitted by
HostDone.
Spam
Spamming, the sending of unsolicited mass email from
or through a HostDone server or using an email
address that is maintained on a HostDone is strictly
prohibited. HostDone will be the sole arbiter as to
what constitutes a violation of this provision.
Customers are also in violation of this provision if
they engage in spamming using the service of another
hosting server, ISP, but reference in the spam a web
site hosted on a our server, or if they sell or
distribute software on their web site that
facilitates spamming. Violators will be assessed a
minimum fine of $300 and will face immediate
termination.
General Terms and Policies
HostDone Inc.
is a private company providing website hosting and
e-mail services. HostDone, Inc.'s equipment may be
used to conduct private and commercial transactions,
send electronic mail, transfer files, and otherwise
participate in all legal aspects of the Internet.
The Service is provided to authorized persons or
organizations. Any use of the service is subject to
any restrictions listed below. By using the Service,
you agree to be bound by all of theses Terms . If
you do not agree to be bound by these Terms , you
must cancel your account immediately and may not
thereafter use or attempt to use the Service.
HostDone, Inc. grants you a non-exclusive right to
access, use and display the Service on any computers
or other electronic display devices of which you are
a primary user. You may not assign, sub-license or
transfer any rights or obligations of the Service
without the express written consent of HostDone,
Inc.
Server Resources
Any Web site
that uses a high amount of server resources
(such as, but not limited to, CPU time, memory
usage, and network resources) will be given the
option to either pay additional fees (which will
depend on the resources required), reduce the
resources used to an acceptable level, or
upgrade its service to a Dedicated Server plan.
HostDone will be the sole arbiter of what is
considered to be a high server usage level. All
Web Hosting account deemed to be adversely
affecting server performance or network
integrity will be shut down without prior
notice.
CGI Scripts
Any scripts
that pose a potential security risk or are
deemed to be adversely affecting server
performance or network integrity will be shut
down or will be automatically removed without
prior notice. HostDone does not permit CGI
script sharing with domains not hosted by
HostDOne or any scripts that may be abused for
UCE purposes.
Bandwidth and Disk Usage.
How much
disk space and bandwidth will my plan include?
There are no set limits on the disk space or data
transfer (bandwidth) in some our hosting plans or
high limit. We want you to have the resources you
need to build a great online presence, and 99.95% of
all customers will have more than enough disk space
and bandwidth to meet their needs.
That being said, we do require all customers to be
fully compliant with our Terms of Service and
utilize disk space and bandwidth in the normal
operation of a personal or small business website.
While it is rare, we may need to put constraints on
accounts that are using resources beyond what would
be expected in the normal operation of a personal or
small business website.
Typically, customers only run into issues if they
use their accounts for storage or file sharing,
which is not what our services are intended to
support. In accordance with out Terms of Services
the disk space and bandwidth you use must be
integrated into the normal operation of your
website.
How do you
determine "normal" operation?
We regularly run customer bandwidth and disk space
utilization through a series of statistical analyses
and use the results of these studies to define
normal. Although the actual results of these
analyses vary from month to month, one thing remains
constant: 99.95% of our customers fall into "normal"
range. Typically, customers who fall outside the
normal range are using their accounts for file
storage or sharing rather than hosting.
If you have a question about whether your website
will fall into the normal range, feel free to
contact our team. We'll be happy to talk about your
specific needs before you purchase your hosting
plan.
What
happens if I exceed "normal" usage?
If we have concerns about your account's bandwidth
or disk space utilization, you will receive an email
asking you to reduce usage. Generally, we provide
customers with a minimum of 48 hours to make
adjustments before taking the account offline.
Again, the most common situations involve
customers who use their accounts for storage of
files—particularly multimedia files—that are not
linked off of their websites. It is very rare for a
customer who is managing a personal or small
business website to exceed normal usage.
HostDone has the right to take action if
Customer's bandwidth or disk usage exceeds the
Agreed Usage. It might be additional charges,
disconnection, or termination.
Security
You agree not
to access or attempt to access private areas of
the Service. You agree to notify HostDone Inc.
as soon as you become aware of an unauthorized
use of your account and/or any breach or
attempted breach of security on the Service.
Background
Running Programs
HostDone Inc.
may allow programs to run in the background.
These programs will be considered on an
individual basis and Web Hosting customers will
incur extra charges based on system resources
used and operational maintenance needed.
Billing
for Network Resources
The customer
understands that the customer is responsible for
paying for any network resources. The customer
may request that the customer's server be
disconnected from the Internet, but the customer
will still be responsible for paying for any
network resources used up to the point of
suspension or cancellation.
HostDone's services include, but are not
limited to:
- any act of preparing, setting up,
connecting, maintaining, terminating, or
reconnecting customers' account (including all
billing data and the space on the particular Web
server that HostDone provides to customers);
- any use by customers, or any access provided
to customers by HostDone, of computing,
telecommunications, software, information,
- any act, or provision of any service,
by HostDone to customers, related to Web hosting
and domain name registrations (including server
usage and technical support), regardless of
duration and whether paid for or not;
- any prerequisite by HostDone to customers,
of any space, Internet connectivity
- any access or use related to the HostDone's
Web site, including the Web site itself;
- any service mentioned in the Term of Use;
- any other HostDone services that are used by
customers, whether offered or provided by
HostDone to customers.
HostDone Do Not allow following
contents
HostDone
servers may be used for lawful purposes only.
Transmission, storage, or distribution of any
information, data, or material in violation of
any applicable law or regulation, or that may
directly facilitate the violation of any
particular law or regulation is prohibited,
Unlimited Bandwidth, Disk Usage, Email and FTP accounts and other Unlimited
Resources.
HostDone provides Users with bandwidth, disk space and other resources, such as e-mail, mysql databases, and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in
HostDone's web pages describing the package of
Services purchased at the time of purchase. In
some cases, Just Host may not establish a
specific amount of bandwidth, disk space and
other resources, and refer to that as
"Unlimited". In all cases, the Services
are intended for normal use only, and
any activity that results in excessive usage
that is inconsistent with normal usage patterns
is strictly prohibited.
HostDone reserves the right to suspend,
discontinue or delete the accounts of Users
whose use of disk space, bandwidth or other
resources results in or presents the risk of
degradation of service to other customers,
regardless of the amount of disk space,
bandwidth or other resources included in the
User's plan. User agrees that such usage shall
not exceed the amounts set by HostDone for the Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by
HostDone as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User's active electronic mail services related solely to User's web hosting account(s) with
HostDone.
Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data).
Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
HostDone may monitor User's use of bandwidth, disk usage and other resources.
HostDone, in its sole discretion, shall have the right to take any corrective action if User's utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, or normal usage by our typical shared hosting customer, resource usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User's Web site, User Content, User's electronic mail and e-mail services and/or other materials and services or termination the User's account and of this Agreement, which actions may be taken in
HostDone's sole and absolute discretion.
Examples of unacceptable material on all Shared servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez
content are prohibited. Offering video and/or
audio streaming or downloads, MP3 Files, Games
and shareware is also not permitted on any
HostDone server.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.
Resource Usage
User may not:
Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
Run cron entries with intervals of less than 15 minutes When using PHP include
functions for including a local file, include
the local file rather than the URL. Instead of
include("http://yourdomain.com/include.php") use
include("include.php") While our shared services
are suitable for the bulk of our customers,
there comes a time for some websites when they
are better suited for a larger plan, which
allows for more dedicated CPU and memory
resources. We reserve the right, in our sole
discretion, to discontinue service to any
customer with a website or other hosted data
that takes up more than 10% of the server
resources and/or 10% of the server's CPU. This
means that if your website is found to be
utilizing more than 10% of the CPU and memory of
the service, we reserve the right to take your
site offline. If this becomes necessary, you can
either upgrade your hosting package, or request
a pro-rated refund of the amounts you have paid
in advance for the services. Due to the severity
of this, and our ability to act quickly to
correct these situations to avoid server issues,
we will do everything reasonably feasible to
provide you with a warning prior to taking your
site offline, but we accept no obligation to do
so.
INODES
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid
over usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode. 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. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here
Suspension / Termination.
As an HostDone
Inc. Subscriber, you agree to comply with these
Terms. Any violation may serve as cause for
HostDone Inc. to suspend or terminate your
account. You agree that HostDone Inc. has the
right, with or without notice, to suspend or
terminate your account upon the first or
subsequent occurrence of any of the following:
- Using the Service in an attempt to
break security, or so as to actually break
security of any computer network (including the
Service itself), or to access an account,
message, or file which does not belong to you.
- Using the Service in such a way as to forge
or misrepresent headers, addresses, or other
identification in website pages or electronic
mail, or using any other method to disguise the
sender's identity or location;
- Any site operators who uses/stores any kind
of spamming software, or whose spamming
activities affect HostDone Inc. servers
negatively in any way, will have their accounts
terminated without warning. They will also be
fined $200.
- Any mailing, posting or content of "Make
Money Fast" (MMF) or "Fast Cash" or pyramid
schemes or chain letters or MLM (multi level
marketing) schemes of any sort will result in
quick account termination.
- Illegal Material - This includes
copy-righted works, commercial audio, video, or
music files and any material in violation of any
Federal, State or Local regulation.
- Pornography and sex-related merchandising
are prohibited on HostDone servers. This
includes sites that may infer sexual content or
provide links to adult content elsewhere. This
is also true for sites that promote any illegal
activity or content that may be damaging to our
servers or any other server on the Internet, or
provide links to such sites.
- Adult Material - Includes all pornography,
erotic images, or otherwise lewd or obscene
content. The designation of "adult material" is
left entirely to the discretion of HostDone Inc.
please contact first if you think that you may
violate this term.
- Online Gaming - Includes all online/offline
Casinos, gambling, interactive gaming on our
servers, Anime communities, PlayStation games
Forums, news, reviews.
- IIRC bots - Includes and not limited to
Eggdrop, IRCD, PSY BNC, ...
- Hate material as that which expresses or
promotes hatred against groups of people. For
example, racist, anti-Semitic, material
targeting a particular religion or homophobic
material are considered to be hate material. We
reserve the right to identify hate material for
what it is (including identifiers on member
sites).
- Warez - Includes pirated software, ROMS,
emulators, freaking, hacking, password cracking
or cheating, IP spoofing, etc., and encrypting
of any of the above. Also includes any sites
which provide "links to" or "how to" information
about such material.
- HostDone does not provide shell access under
any conditions, installing third party shell
tools using CGI, PHP or any other method will
met by instant termination of account./li>
- You can not use your account to store files
or scripts that serve files or services to
another domain name, all files have to be linked
to pages to your index page.
- Using the Service in an attempt to break
security, or so as to actually break security of
any computer network (including the Service
itself), or to access an account, message, or
file which does not belong to you.
- Using the Service in such a way as to forge
or misrepresent headers, addresses, or other
identification in website pages or electronic
mail, or using any other method to disguise the
sender's identity or location.
- Using the Service to send a high
volume of spurious data which effective impedes
or totally disables functionality of the
recipient system, or any other methods.
- Using false data on your sign-up form, or
online application, including providing
fraudulent credit card or other payment
information.
No bill credit will be given for a period of
suspension. In the event of termination of your
use of the Service under this section, HostDone
Inc. may at its sole discretion retain any or
all amounts you have paid for use of the
Service.
These Terms of Service May Change
Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and they will take effect when posted; your continued use of the service means you accept the changes we have made.
Limitation
of Liability.
You
agree that use of the Service is at your own
risk. and you are responsible for any
information, products, or services accessible
through the Service. HostDone, Inc. neither
endorses nor is responsible for the accuracy of
third-party material(s), and you agree that
HostDone, Inc. is not responsible for any loss
or damage caused by your use of, or reliance or
security. you agree to be liable for any damages
or loss of service which results in damages to
HostDone, Inc. as a result of any spamming or
other violations. These damages include, but are
not limited to, system shut downs, retaliatory
attacks or data flooding, and loss of peering
arrangements. You agree that HostDone Inc. may
pursue any such claims against you in District
Court. You agree that in no event will HostDone
Inc. have financial liability to you in excess
of the dollar amount remaining on your current
service period.
Disclaimer
of Warranty.
HOSTDONE, INC.
MAKES NO EXPRESS OR IMPLIED WARRANTIES,
INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT,
AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR
OTHER MATERIAL AVAILABLE THROUGH THE SERVICE,
REGARDLESS OF WHAT YOU MAY HAVE TOLD HOSTDONE
INC. ABOUT YOUR INTENDED USE OF THE SERVICE. NO
ORAL ADVICE OR INFORMATION GIVEN BY HOSTDONE
INC. THE SERVICE THAT PROVIDED TO YOU BY
HOSTDONE, INC. ARE PROVIDED ON AN "AS IS, AS
AVAILABLE" BASIS; HOSTDONE, INC. DOES NOT
WARRANT THAT THEY WILL BE ERROR-FREE AND/OR
UNINTERRUPTED, OR THAT DEFECTS WILL BE
CORRECTED. HOSTDONE, INC. DOES NOT GUARANTEE THE
SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH
MAY BE STORED ON THE SERVICE.
Hosting
plans will automatically renew until a
plan is cancelled. In order to cancel
service, you must a place a ticket
support right from your Control Panel
with subject "CANCEL MY ACCOUNT " or
email us
billing@HostDone.com. and we will
assist you with the cancellation
process. Please be aware that there are
no pro-rated refunds after the first 30
days of service.
Cancellations
Cancellation requests must be received
by HostDone a minimum of thirty (30)
days prior to the end of your Billing
Cycle. Cancellations submitted later
than this time may result in automatic
renewal of your hosting plan.
Cancellations become effective on the
day processed by HostDone. HostDone is
unable to cancel your account effective
for a future date. HostDone will confirm
the cancellation request when it is
processed. If you do not receive a
confirmation, please contact us.
HostDone does not monitor, and will not
automatically cancel, plans for problems
related to domain name transfers,
non-usage, Internic, or any other
secondary issues not directly related to
HostDone's services. Cancellation of
services does not relieve the customer
from paying any outstanding balance owed
on the account.
|
Each of HostDone's
shared hosting plans carries a 30-day
unconditional money back guarantee.
You must a place a ticket support right from
your Control Panel with subject "CANCEL MY
ACCOUNT " or email us
billing@HostDone.com. If you are
not completely satisfied with our services
or support within the first 30 days, you
will be given a full refund of the fees paid
in advance (excluding setup fees if
applicable ) upon plan cancellation. The
following services do not qualify for the 30
Day Money Back Guarantee: additional items
and services; domain name registration;
dedicated servers; items and services
ordered through the reseller program; domain
parking plus; and overage fees.
|
Refunds are only
available in accordance with the 30 Day
Money Back Guarantee. Refunds will be
provided in the same payment method of the
original payment. There are no refunds
offered or promised after 30 days.
|
HostDone has a zero
tolerance policy for chargeback's. Any
customer who disputes a credit card payment
is subject to a fine, suspension and account
termination at HostDone's discretion. A
charge of $25.00 per chargeback will be
assessed to all accounts that receive a
chargeback.
|
| HostDone's policies and
prices are subject to change without notice.
Any price changes become effective in the
next billing cycle. |
HostDone offers four
Billing Cycles (terms) for hosting charges:
Monthly, (3 months), (6 months) and
Yearly (12 months). The Billing Cycle begins
on the Plan Activation Date. Resellers are
limited to the monthly and (3 months)
Billing Cycle for all of their charges.
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.
All additional features added to an account
are charged monthly. Additional items are
non-refundable.
|
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 above.
|
| HostDone does not mail
paper invoices or statements. Statements can
be viewed and printed through your control
panel. |
Termination
HostDone reserves the right to terminate your
account with and without notice by deactivating any
access by you or by web users to any information
contained on the OUR servers related to your
account. HostDone reserves the right to cancel the
service at any time and prorate refund will be made.
Customer refund requests for problems beyond
HostDone control will be refused.
Questions
Any questions concerning this Privacy Policy may
be directed by e-mail to
terms@hostdone.com
|
