HostHero: Terms of Service
This policy represents the HostHero Terms of Service ("TOS") in its entirety and supercedes any other written or oral policy. This policy defines the terms of service all customers agree to when they sign-up for hosting services with HostHero. HostHero reserves the exclusive right to revise, change or amend any portion of this Policy at any time, without advance notification to customers.
Customers using any services offered by HostHero consent to be bound by and must comply with all policies in this TOS. At the sole discretion of HostHero. any violators of this TOS may have their services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for HostHero maintaining one or more accounts (each "Account"), you agree to the following terms of service.
Disclaimer of Warranty
- "We" "Us" or "Provider" HostHero.
- HostHero - An Ontario Business
- "You" "Your" "Client" "Customer" or "Member."
Each person or entity who applies for internet service or is a designate of any one who applies for internet service.
The Internet is a complex network of equipment, services and providers of information, thus the Service may not be available to you at all times. However, HostHero offers a 99.9% uptime guarantee. This is valid for only the connection. HostHero will pursue all resources and channels available to maintain maximum uptime, however, HostHero is not responsible for any down time caused by client's error. HostHero MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither HostHero nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of HostHero, even if HostHero has been advised to the possibility of such damages.
Services provided by HostHero
HostHero will provide Internet server rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows HostHero members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. HostHero members will use the provided services in a manner consistent with any and all applicable laws of the Province of Ontario and the Canadian Federal Law. HostHero provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. HostHero reserves the right to refuse customers from utilization of its services, without notification. If any of the below activities are committed, HostHero can terminate client's account without notification.
Payment, Renewal, Cancellations
- Client Content:†Client agrees that webpages and files uploaded to servers will not violate any province, federal or foreign laws or regulations; infringe on any intellectual property rights of HostHero or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to HostHero or any third party. Customers may not run IRC, bots or clients.†Unacceptable uses also include:†Bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child porn or links to such sites, cgi/php proxy scripts, copyrighted MP3, storing personal backups and/or cPanel backup files, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. HostHero will be the sole and final arbiter as to what constitutes a violation of this policy. HostHero does not normally monitor the contents of clients servers, however if suspicion occurs, HostHero reserves the right to investigate and terminate the clients subscription to the service.
- Bandwidth Usage:†HostHero offers a generous amount of data transfer per month. This rule only comes into play when you use excess server processing power that negatively impacts the performance of the server and provides a bad customer experience in that server community. Minimizing the impact on an individual server's processing power is key to the overall performance that server. In the vast majority of cases, if you use the web hosting service appropriately, visitors to your website will be able to view, download, and add as much content from your site as they wish. However, in certain circumstances, our server processing power, server memory, or anti-abuse controls could limit downloads or access from your site. Violators to the above rule will not be tolerated. You can upload all the content that you require each month subject to the rules as outlined above. Generally abuse is calculated when a user uses 100GB+ in a single month of bandwidth transfer.†
- Excessive Resource User Policy:†Resources are defined as bandwidth, memory and/or processor utilization. A website is considered using "Excessive amounts of resources" when it monopolies the resources available using 10% or more of system resources for longer than 60 seconds. There are numerous problems that could cause such problems, this includes but not limited to: cgi scripts, FTP, HTTP, etc. A site that consumes over the account limit of bandwidth is also considered "excessive resources". This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client whom is using "excessive resources" will be asked to upgrade his/her package to one of our semi-dedicated or dedicated server packages. HostHero will be the sole and final arbiter as to what constitutes a violation of this policy. HostHero does not suspend accounts utilizing their given space or bandwidth allotments. Suspensions will only occur if client violates above restrictions.
- No "Spam":†UCE/UBE or "Spam" originating from a server located on our network or associated with a HostHero server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the HostHero network but is sent from an e-mail address not associated with that HostHero account. Client shall not use their HostHero services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. HostHero reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $200 clean up fee if an account was suspended for policy violation.
- False Information:†Client agrees not to post false or inaccurate information to news groups in violation of the news groups’ rules and regulations. If any news groups or service provider contact HostHero concerning unethical, false or unlawful activities by you, HostHero reserve the right to terminate your service without notice.
- Licensed Software Only:†Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
- Back-Up Files:†HostHero provides the tools needed to create back ups of account data. It is the responsibility of the customer to keep up-to-date archives of their backed up data. HostHero currently does not utilize any back-up services and is not responsible for any lost data.†
- Payment Obligations:†Full payment is required in advance before hosting service is established. HostHero sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice. You warrant and represent that the information you supply in the Order Form (or other information that HostHero may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended and possibly sent to collections. To have your account re-established, you will need to pay the monthly fees, plus any late fee's. There is a $35 fee for bounced cheques and a $45 processing fee for chargebacks. All fees mentioned are in Canadian (cad) or U.S (usd) funds.
- Renewals:†Your account will be automatically renewed under the same time and fee structure unless you give written notice to HostHero thirty (30) days before the renewal date that you do not wish to renew or make changes to such account.
- Cancellation & Refunds:†Should you become unsatisfied with our services within the first 30 days of your account activation, HostUpon will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for shared/reseller pre-paid accounts and after the 30 days of account activation. You may however cancel your account at any time. You will need to contact†customer serivce†30 days before your renewal date and verify information before cancellation takes place. You will be charged in full for the entire month in which you canceled your account. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Customers wishing to switch their FREE domain to another registrar or cancel their service are subject to a $20 domain release fee. Refunds are never available for domain registrations, control panel licenses (cPanel, Plesk, etc) setup fees or dedicated servers.
Refunds are NOT given for any account upgrades or add-ons after the first 30 days of being a client. There are no exceptions and no refund(s) will be awarded for upgrades at any point after your first 30 days of initial signup.
99.9% Service Level Agreement "SLA"
HostHero offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. HostHero will try to maintain maximum uptime. HostHero is not responsible for any downtime caused by the client. We experience 99.9% uptime on all servers and network equipment over a 12 month period. That 00.1% is equal to approximately 9 hours of downtime in a year, not even a full day.
Third Party Script Assistance
HostHero retains the right not to assist clients with third party applications. This includes any script uploaded by the client, installed using cPanel, it's scripts library or any installer within. Any assistance, support, or troubleshooting provided by HostHero for ANY third party script or application will be subject to a $15/$45 service fee based on the request.
30-Day Money Back Guarantee and Domain Registrations
HostHero offers an unconditional 30-day money back guarantee that covers cancellations of an web hosting account made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card minus any setup fees which are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations, setup fees & dedicated server fees are also non-refundable. Refunds are NOT given for upgrades at any point in time after the first 30 days of being an active client. Any questions regarding the 30-day money back guarantee should be forwarded to†sales@HostHero.com. HostHero offers a free domain for life which means you can choose to register a new domain name OR transfer a domain to HostHero free of charge and as long as you remain a hosting client your domain will be renewed each year automatically. The free domain foir life must be the primary domain on the account and must be chosen during the initial order process. If no new domain is registered or transferred the free domain for life offer is void. Credits will not be provided if the client chooses to use an existing domain and update their name servers.