Here you will find all the documentation regarding terms of use, acceptable use policy, registration agreement, privacy policy and other product agreements. If you have any further questions, please contact us.
This is a Terms of Service Agreement between web-hosting.com, a wholly owned subsidiary of cheaphosting, Inc., as well as its partners and affiliates on the one hand, and the user of web-hosting.com's products and services on the other hand (“Agreement”). In this Agreement "You" and "Your" refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. "We", "Us" and "Our" refer to web-hosting.com, owned and operated by Ms Cheap Hosting as a full-service web hosting company, as well as its subsidiaries and sister companies (collectively, "web-hosting.com"). This Agreement explains Our obligations to You, and explains Your obligations to Us for the various services or products offered by web-hosting.com (“Services”). When You use Your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement.
Term of Agreement; Modification.
You agree that web-hosting.com may modify this Agreement and the Services it offers to You from time to time. You agree to be bound by any changes web-hosting.com may reasonably make to this Agreement when such changes are made. If You have purchased Services from web-hosting.com, the terms and conditions of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, you agree to abide by and be bound by any such revisions or changes.
Accurate Information.
You agree to maintain accurate information by providing updates to web-hosting.com, as needed, while You are using the Services. You agree You will notify web-hosting.com within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by web-hosting.com to determine the validity of information provided by You will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if web-hosting.com has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, web-hosting.com has the absolute right, in its sole discretion, to terminate its Services and close Your account.
Privacy.
web-hosting.com's Privacy Policy, which is incorporated herein by reference, is applicable to all Services. The Privacy Policy sets out Your rights and web-hosting.com's responsibilities with regard to Your personal information. web-hosting.com will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that web-hosting.com, in its sole discretion, may modify the Privacy Policy, and You further agree that, by using the Services after such modifications become effective, You have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. web-hosting.com will not refund any fees paid by You if You terminate your Agreement under this provision. You represent and warrant that You have provided notice to, and obtained consent from, any third party individuals whose personal data You supply to web-hosting.com as part of the Services with regard to: (i) the purposes for which such third party’s personal data has been collected; (ii) the intended recipients or categories of recipients of the third party’s personal data; (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data You supply to web-hosting.com in the future. web-hosting.com is not responsible for any consequences resulting from Your failure to provide notice or receive consent from such individuals nor for Your providing outdated, incomplete or inaccurate data.
Acceptable Use Policy.
web-hosting.com’s Acceptable Use Policy (“AUP”), which is incorporated herein by reference, is applicable to all Services. You should use all Services for lawful purposes only. You agree to maintain Your website in full compliance with the terms and conditions set forth in the AUP. By using any Services, You agree:
not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
not to make, attempt or allow any unauthorized access to web-hosting.com website, servers, Your own hosting account or the account of any other customers of web-hosting.com.
not to allow any remote code execution of malicious software through the hosting account provided by web-hosting.com.
not to cause denial of service attacks, port scans or other endangering and invasive procedures against web-hosting.com servers and facilities or the servers and facilities of other network hosts or Internet users.
not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
not to use the Services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; are connected with child pornography; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
not to upload unacceptable material which include: IRC bots, warez, image, filedump, mirror, or banner-ad services, topsites, commercial audio streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
not to engage in or to instigate actions that cause harm to web-hosting.com or other Customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. web-hosting.com reserves the right to refuse the Services to anyone upon Our discretion. Any material that in web-hosting.com judgment, is either obscene or threatening is strictly prohibited and will be removed from web-hosting.com servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, web-hosting.com will take corrective action upon our own discretion and will notify You. web-hosting.com decision in such case is binding and final, and cannot be a subject of a further change. web-hosting.com cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to web-hosting.com or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. web-hosting.com will not be liable for any loss or damages in such cases.
not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.
Storage and Security.
At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on web-hosting.com servers; and (iv) ensure the confidentiality of Your password. web-hosting.com's servers are not an archive and web-hosting.com shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The Services offered by web-hosting.com are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. web-hosting.com shall have no liability to You or any other person for Your use of web-hosting.com Services in violation of these terms.
Ownership.
Except as otherwise set forth herein, all right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by web-hosting.com or its licensors, and you agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to you, and that You do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by web-hosting.com and all right, title and interest in and to each such Derivative Work shall automatically vest in web-hosting.com. web-hosting.com shall have no obligation to grant You any right in any such Derivative Work.
Non-exclusive License.
If You have licensed software from web-hosting.com, web-hosting.com grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. web-hosting.com reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of web-hosting.com. The source code and its organization are the exclusive property of web-hosting.com and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by web-hosting.com.
Any such software and Services are provided to You "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
Third Party Software.
web-hosting.com provides some third party software to You for easier account management including, but is not limited to cPanel, Fantastico, Softaculous, etc. Such software is provided on an "as is" as available basis. We do not guarantee that any specific results can be obtained by using such software. web-hosting.com does not take responsibility for any faults in such software functioning. You agree that Your use of any web-hosting.com Services shall be used by You in accordance with the terms of any relevant third party licenses. Your failure to abide by any third party license may result in the immediate termination of Your Services by web-hosting.com.
You can add and use third party software on Your account only if it is compatible with Our servers and is approved by web-hosting.com. Your use of any third party software is at Your own risk. web-hosting.com does not control and therefore cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. web-hosting.com will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products. web-hosting.com reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third party software at any time.
You are solely responsible for any license and other fees required by the software providers, for using any third party software installed on Your account apart from the initial account setup.
Third Party Content.
If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. web-hosting.com has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current web-hosting.com policy or agreement. Such content may result in the suspension or in the immediate termination of Your account. You are responsible for monitoring all service renewals and orders. In the event that an error occurs the account holder must notify web-hosting.com immediately of the error. In no event shall web-hosting.com be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.
Billing and Payment.
All fees for the Services shall be in accordance with web-hosting.com's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. web-hosting.com may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due web-hosting.com remains unpaid fourteen (14) days after such payment is due, web-hosting.com, in its sole discretion, may immediately terminate this agreement, and/or withhold or suspend Services. There will be a $15.00 fee to reinstate accounts that have been suspended or terminated. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by You.
If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the products or Services. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, web-hosting.com will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at web-hosting.com's then current rates.
If you improperly charge back for web hosting services rendered, we may disable the ability to transfer any other your Ms Cheap Hosting services away from Ms Cheap Hosting .
Termination & Cancellation Policy.
The initial term of Your agreement with web-hosting.com shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with web-hosting.com shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section.
This agreement may be terminated: (i) by You by submitting a helpdesk ticket under Billing Issues category at least three (3) working days before the account is due to renew; or (ii) by web-hosting.com at any time, without prior notice, if, in web-hosting.com's judgment, You are in violation of any terms or conditions herein; or (iii) in web-hosting.com's sole judgment, Your use of the Services places or is likely to place unreasonable demands upon web-hosting.com or could disrupt web-hosting.com's business operations; or (iv) by web-hosting.com if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and either web-hosting.com or Ms Cheap Hosting .
In the event of termination or suspension of Services under the above circumstances, You agree (a) that no pre-paid fees will be refunded to You; and (b) that web-hosting.com may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of either web-hosting.com or Ms Cheap Hosting .
You may receive a refund if Your account is cancelled within the initial 14 days after sign up. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated servers, dedicated IP addresses, renewals, any licenses (WHMCS, cPanel, Fantastico, Softaculous, Windows, etc.) that are not included into the package and are purchased at additional fee, domain registration related fees.
The above refund provision does not apply to purchases of the Open-Xchange Email Hosting packages due to the 1-month free trial period provided to You in connection with Your purchase of these Services.
In the event of termination of this Agreement caused by your default hereunder, you shall bear all costs of termination, including any reasonable costs web-hosting.com incurs in closing your account. You agree to pay any and all costs incurred by web-hosting.com in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, web-hosting.com may delete all information related to you on the Services.
Technical Support.
web-hosting.com provides Technical Support to You at no additional fee for hosting related issues only. web-hosting.com has the right to decide what is a hosting related issue and to charge additional fees or refuse support for non-hosting related issues. Any fees paid by You for providing non-hosting related support are non-refundable.
You can request technical support only by opening a ticket through the HelpDesk system located in the Customer area. web-hosting.com will have no liability to provide technical support if it is requested in any other way apart from the HelpDesk system. You are solely responsible to use the appropriate HelpDesk category when posting a ticket. web-hosting.com will have no liability to respond to tickets opened in inappropriate categories. You acknowledge that by asking our technical representatives for technical assistance, You authorize their intervention and operation in Your hosting account.
You must provide web-hosting.com with all information and access to facilities that web-hosting.com may reasonably require to provide the requested Technical Support.
You are solely liable for performing and storing a back-up copy of his data, files and hosting account prior to requesting technical support and agreeing to any technical interference or operation, provided by web-hosting.com. In the event You are not satisfied with the outcome of any technical action You shall be solely responsible for restoring the back-up copies of Your hosting account and uploading Your website. You should not abuse the HelpDesk system. Abuse of the HelpDesk system includes, but is not limited to, excessive number of tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for posting a ticket, etc. Any abuse of the HelpDesk system may result in warning, HelpDesk access restrictions, hosting account suspension or possible hosting account termination with no refund. web-hosting.com has the sole right to decide what constitutes abuse of the HelpDesk system.
Legal Purposes.
The web hosting and reseller hosting account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. The intent of web-hosting.com is to provide space to serve web documents, not as an off-site storage area for electronic files and is governed by the AUP. Violations of the AUP or any other provisions of this Agreement may result in termination of the Services provided by web-hosting.com, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of web-hosting.com based upon the severity of the violation. web-hosting.com reserves the right to refuse Service if any of the content within, or any links from, the Your website is deemed illegal, misleading, or obscene, or is otherwise in breach of web-hosting.com's AUP, in the sole and absolute opinion of web-hosting.com. You agree that web-hosting.com shall not be liable to you for loss or damages that may result from its refusal to host your website or provided the Services under this Agreement.
Account Use.
You agree to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. You are responsible for security of Your password. web-hosting.com will not change passwords to any account without proof of identification, which is satisfactory to web-hosting.com, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that web-hosting.com will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will web-hosting.com be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify and hold harmless web-hosting.com from any and all claims arising from such ownership disputes.
Currency.
While all purchases are processed in US dollars, web-hosting.com may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, web-hosting.com makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, You may be charged VAT, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process.