Use of any Hurricane Host, Inc Service constitutes acceptance and agreement to Hurricane Host, Inc's Acceptable Use Policy (AUP) as well as Hurricane Host, Inc's Terms of Service (TOS). All provisions of this contract are subject to the Terms of Service (TOS) of Hurricane Host, Inc and Acceptable Use Policy (AUP). The TOS and/or the AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the TOS and/or AUP by the Company shall not be grounds for early contract termination or non-payment.
IMPORTANT NOTICE: All Payments To Hurricane Host, Inc Are Non-Refundable
This Agreement shall be construed in all respects in accordance with the laws of the state of Delaware, applicable to contracts enforceable in that state.
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, the Subscriber agrees that the Company may disclose any and all Subscriber information including assigned IP addresses, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition, Hurricane Host, Inc shall have the right to terminate all service set forth in this Agreement.
Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. Rate decreases are not automatically granted to the Subscriber, but may be granted upon official request by the Subscriber. Any promotional offer is contingent upon the Company achieving and maintaining its cost of service goals including but not limited to rates charged to the company by its suppliers.
Promotion/Coupon Usage: Subscriber acknowledges that any Promotion Code or Coupon Code used is good only for the initial product purchase, and that any upgrade or downgrade performed afterward will be at the current, non-promotional rate.
Service Invoicing: The Subscriber acknowledges that the services provided are auto-renewing, and do not automatically cancel at the end of the initial term. Invoices are generated before they are due and are sent via email to the Subscriber's primary email address on file in our billing system. Should subscriber wish to cancel service, the appropriate cancellation procedures must be followed.
Communication: The Subscriber acknowledges that email is the primary form of communication used by the Company to contact the Subscriber. You are required to keep your contact information updated. You can modify much of it yourself via our Billing Application *AND* Control Panel(s) used for your service. For the fields you cannot modify yourself, open a Help Desk ticket to our Billing Department with your new information. E-mail is the primary form of communication we will use to contact you. We will only contact you via alternate methods should the Company deem it necessary (Invoice, Suspension or Cancellation Notifications are not deemed necessary, nor are general notifications we send out). The Subscriber also acknowleges that the Company is not liable for the Subscriber not receiving an email and that it is the Subscriber's responsibility to ensure the Subscriber's email provider is properly setup to ensure delivery of emails from our domain name(s), including not flagging emails from our domain name(s) as SPAM.
Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service (extended billing cycles are offered as a convenience to Subscribers, providing a means for a Subscriber to "pre-pay" for a longer period of time). Reseller's payments are due the 1st of every month, for that month's service. The above applies to all accounts and services provided by Hurricane Host, Inc.
Payments and Fees: All accounts paid using a Credit Card will be auto-charged for any invoice due on your account. Credit cards that are declined for any reason are subject to a $1.00USD declination fee. Service will be suspended on accounts that reach 7 days (2 days for Resellers) past due by an automated process (this time frame is subject to change). The process to reinstate service is NOT necessarily automated and may take up to 24hrs to complete. Service interrupted for nonpayment is subject to a reconnect charge not less than $5.00USD nor more than $200.00USD (depending on the service provided by the Company). Accounts not paid by the due date are subject to a 10% late fee. Accounts that are not collectable by Hurricane Host, Inc may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the Company a "Processing and Collection" Fee of not less than $50.00USD nor more than $200.00USD. If you desire to cancel your account, the Subscriber must follow the proper procedure to do this as outlined in this TOS. We also accept payment via PayPal, PayPal Subscriptions and Check/Money Order. For Resellers, PayPal Subscription payments are not accepted.
Refund and Disputes: All payments to Hurricane Host, Inc are nonrefundable. This includes any one time setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Hurricane Host, Inc's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Hurricane Host, Inc an "Administrative Fee" of not less than $50 nor more than $200.
Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of the Subscriber to pay charges when due. Such termination or denial will not relieve the Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Account Cancellation:
- Everyone: Cancellation requests must be submitted NO LESS THAN 24 hours before your invoice is due, otherwise the cancellation request may not be processed in time to stop the auto-payment process. Should a cancellation request be received with less than 24 hours notice, there is no guarantee the cancellation will go through in time to stop an automated payment to your invoice. Should payment be applied to the invoice because the Cancellation Request was not received with the proper notice, the payment is non-refundable. If the Subscriber submits payment using PayPal Subscriptions, the Subscriber acknowledges that it is solely the Subscriber's responsibility to cancel the Paypal Subscription and any funds sent to us because the PayPal Subscription was not cancelled are non refundable.
- Clients: All requests for cancelling accounts must performed by pressing the "Request Cancellation" button within our Billing Application. To click this button, under the "Products & Services" and/or "Web Hosting" menus, click the "View Details" button for the item you would like to cancel, click the "Request Cancellation" button and complete the form. Sending an email cancellation request or opening a Ticket is NOT an official cancellation request.
- Resellers: You must open a ticket to our Billing Department to request cancellation of service, and cancel all Clients and Servers out of all Control Panel(s) to avoid being responsible for the upcoming month's charges. The cancellation notice must state within it that you are a Reseller. Not stating this can delay your cancellation from being perocessed.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the Subscriber agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. The Subscriber further acknowledges that the Company's liability for its own negligence may not, in any event, exceed an amount equivalent to charges payable by the Subscriber for services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, loss or injury.
New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 24 - 48 hrs. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Hurricane Host, Inc on behalf of the account holder a handling fee will be incurred.
Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to Hurricane Host, Inc will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Hurricane Host, Inc on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
Support Boundaries: Hurricane Host, Inc, provides 24 x 7 critical technical support to our subscribers (except for a few holidays and short company meetings when we close our center). We limit our technical support to our areas of expertise. The following are our guidelines when providing support: Hurricane Host, Inc provides support related to your server or virtual site physical functioning. Hurricane Host, Inc does not offer tech support for application specific issues such as php/cgi programming, html or any other such issue. Hurricane Host, Inc does not provide technical support for YOUR customers. We provide an Online Knowledge Base that is quite extensive. In most cases, the answer to your question is already contained in our Online Knowledge Base. You can browse the Online Knowledge Base by visiting http://www.hurricanehost.com/support/. If your question is not answered in the Online Knowledge Base, we encourage you to open a ticket by logging into our Billing Application and opening a ticket or email us at support@hurricanehost.com for assistance. All emails sent there automatically open a Support Ticket, however due to the prevalence of SPAM on the Internet, we cannot guarantee an email sent to us will not be marked as SPAM, therefore we HIGHLY encourage you to log in and open a ticket directly. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting Tech Support.
SPAM and Unsolicited Commercial Email (UCE): Hurricane Host, Inc takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Hurricane Host, Inc may not use or permit others to use our network to transact in UCE. Customers of Hurricane Host, Inc may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample email being sent from servers. The Subscriber acknowleges full responsibility in keeping their scripts and applications updated with the latest security fixes from each vendor. Not doing so may open up your site for use by people to send UCE. The Subscriber acknowledges that any UCE sent from the Subscriber's services hosted with the Company is solely the responsibility of the Subscriber.
Violation of Hurricane Host, Inc's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Hurricane Host, Inc will initiate an immediate investigation (within 48 hours of notification). During the investigation, Hurricane Host, Inc may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Hurricane Host, Inc may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Hurricane Host, Inc reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Hurricane Host, Inc will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $300.00USD and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $600.00USD and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175.00USD per hour that Hurricane Host, Inc personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the Hurricane Host, Inc network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
Network
IP Address Ownership: If Hurricane Host, Inc assigns Customer an Internet Protocol Address for Customer's use, the right to use that Internet Protocol Address shall belong only to Hurricane Host, Inc, and Customer shall have no right to use that Internet Protocol Address except as permitted by Hurricane Host, Inc in its sole discretion in connection with the Services, during the term of this Agreement. Hurricane Host, Inc shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Hurricane Host, Inc, and Hurricane Host, Inc reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's (American Registry for Internet Numbers) new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Bandwidth and Disk Usage: The Subscriber agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by the Subscriber on the Order Form (the "Monthly Bandwidth"). Hurricane Host, Inc will monitor the Subscriber's bandwidth and disk usage. Hurricane Host, Inc shall have the right to take corrective action if the Subscriber's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement. Which actions may be taken is in Hurricane Host, Inc's sole and absolute discretion. If Hurricane Host, Inc takes any corrective action under this section, the Subscriber shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Hurricane Host, Inc may, at its sole discretion, collect a deposit, in an amount determined by Hurricane Host, Inc, against the Subscriber's credit card on file with Hurricane Host, Inc.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the Hurricane Host, Inc Network. Violations of system or network security may result in civil or criminal liability. Hurricane Host, Inc 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:
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation:
Hurricane Host, Inc is under no duty to look at each Subscriber's or user's activities to determine if a violation of the Acceptable Use Policy (AUP) has occurred, nor do we assume any responsibility through our Acceptable Use Policy (AUP) to monitor or police Internet-related activities.
First violation: Any User, which Hurricane Host, Inc determines to have violated any element of this Acceptable Use Policy (AUP), shall be sent an email, warning them of the violation. The service may be subject at Hurricane Host, Inc's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
Second Violation: Users that Hurricane Host, Inc determines to have committed a second violation of any element of this Acceptable Use Policy (AUP) shall be subject to immediate suspension or termination of service without further notice.
We reserve the right to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
Suspension of Service or Cancellation: Hurricane Host, Inc reserves the right to suspend network access to any Subscriber if in the judgment of the Hurricane Host, Inc network administrators the Subscriber's server is the source or target of the violation of any of the other terms of the Acceptable Use Policy (AUP) or for any other reason which Hurricane Host, Inc chooses. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Subscriber will not be credited for the time the Subscriber's machines were suspended.
Policy Amendments: Hurricane Host, Inc reserves the right to amend its policies at any time. All Subscribers, and their users, of Hurricane Host, Inc must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients/users as described on these Terms of Service. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of Use Policy.
Indemnification: Hurricane Host, Inc wishes to emphasize that in agreeing to the Hurricane Host, Inc Acceptable Use Policy (AUP) and Terms of Service (ToS), the Subscriber indemnifies Hurricane Host, Inc for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Hurricane Host, Inc or the bringing of any claim against Hurricane Host, Inc by any third-party. This means that if Hurricane Host, Inc is sued because of a Subscriber's or a customer of a Subscriber's activity, the Subscriber will pay any damages awarded against Hurricane Host, Inc, plus all costs and attorney's fees.
Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. The Subscriber must also take steps with their email provider to ensure all emails from our domains are NOT flagged as SPAM and delivered to the Subscriber's inbox.
A waiver by the Company of any breach of any provision of this Agreement by the Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
The Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
Hurricane Host, Inc takes no responsibility for any material input by others and not posted to the Hurricane Host, Inc Network by Hurricane Host, Inc. Hurricane Host, Inc is not responsible for the content of any other websites linked to the Hurricane Host, Inc Network; links are provided as Internet navigation tools only. Hurricane Host, Inc disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
Hurricane Host, Inc is not responsible for any damages your business may suffer. Hurricane Host, Inc does not make implied or written warranties for any of our services. Hurricane Host, Inc denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Hurricane Host, Inc.
It is absolutely forbidden to host Adult/Pornographic content or IRC servers on Server Accounts. Server Accounts found hosting this material will be subject to immediate cancellation without refund.
Responsibility for Content: You, as Hurricane Host, Inc's Subscriber, are solely responsible for the content stored on and served by your Hurricane Host, Inc server.
© Copyright 2004 - 2008 Hurricane Host, Inc.