TERMS OF SERVICE

This is an agreement between you and iHosting HQ (ÒweÓ, ÒusÓ, ÒourÓ, or any other sister website or company) and is governed by the United KingdomÕs Electronic Signatures Act of 2000 and changes thereto.   If your jurisdiction does not allow you to digitally sign contracts by use of Internet-based services, you may not use our Services.  The last update to our Terms of Service was posted on May 1, 2015.   

 

OUR LEGAL TERMS CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE OR OTHER SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

 

We refer to this Terms of Service, along with our Privacy Policy, our Affiliate Program and other posted guidelines found within our Website collectively as our ÒLegal TermsÓ.  Our Legal Terms govern both your legal rights with regards to our websites and subdomains (collectively, ÒWebsiteÓ) as well as Website Design & Programming and Internet Hosting services (collectively, ÒServicesÓ) we provide to you.  Our Legal Terms constitute the entire and only agreement between you and iHosting HQ, and supersede all other agreements, representations, warranties and understandings with respect to our Website and Services offered therein.  We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website or Services. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them. Capitalized terms, unless otherwise defined, have the meaning specified within our Terms of Service, regardless of where used within. 

Limited License

iHosting HQ grants you a non-exclusive, non-transferable, revocable license to access and use our Website and Services strictly in accordance with our Legal Terms. 

Our Relationship to You

iHosting HQ does NOT enter into any legal relationship with you, other than that of an independent contractor.  Our Legal Terms in no way create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and NST or our affiliates.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website and Services.  iHosting HQ reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Eligibility and Registration for Account Access

To use most of our Website and Services, you must setup an account (ÒAccountÓ) on our Website.  Through your Account, you can manage any websites you are hosting with us.  To setup youÕre Account, you must be at least eighteen (18) years of age, able to enter into binding contracts, and able to provide necessary account information to us.  Before we can establish your Account, we must receive any necessary payment for any Services selected and be able to verify your Account information.  It is sole your responsibility to provide us with an active, maintained, ancillary email address not associated with the domain(s) you may be hosting with us.  If there are issues with your Account, we will always contact you at this ancillary email address. It is your sole responsibility to make sure you maintain and monitor this email address.

If you have a domain name registered with iHosting HQ, it is your sole responsibility to make sure that the contact information for your domain account and actual domain name(s) are both accurate and current. iHosting HQ is not liable for any issues you have (i.e. your domain registration lapses) because you failed to keep such information accurate and current. iHosting HQ reserves the right to immediately terminate your Account if you provide false contact information of any kind.  If you need assistance in verifying or changing such information, you can contact a iHosting HQ support representative.

Our Intellectual Property

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by iHosting HQ.  This Website as a whole is protected by international copyright and trade dress.  Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on the Website, without obtaining our prior written permission. iHosting HQ aggressively enforces its Intellectual Property rights to the fullest extent of the law. The names and logos of iHosting HQ, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from iHosting HQ. iHosting HQ prohibits use of any logo of iHosting HQ or any of its affiliates as part of a link to or from any Website unless iHosting HQ approves establishment of such a link in advance in writing. Fair use of our Intellectual Property requires proper acknowledgment.

Intellectual Property Infringement

iHosting HQ fully supports and follows such laws as the Digital Milennia Copyright Act, the Lanham Act, and other intellectual property laws of the United States of America, the United Kingdom and the European Union.  As such, you are prohibted from using our Services to infringe upon the intellectual property rights of others, including, but not limited to, registering domain names in contravention of valid trademarks; unauthorized copying of copyrighted works, and sales of counterfeit merchandise.  All such actions are grounds for the immediate termination of your Account. iHosting HQ reserves the right to remove or disable access to infringing material without to you. If you are found, at our sole discretion, to be a repeated violator of intellectual laws, you will be presumed to be willful infringer and your Account will be immediately terminated.

 

If you believe you are the victim of copyright violation by a party using our Services, please contact iHosting HQ immediately. You must provide notice to us in a form that substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. ¤ 512(c)(3)(A), which provides that a notification of claimed infringement must be a written communication provided to the designated agent that includes substantially the following: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that the you have a good faith belief that use of the material in the manner complained of is not authorized; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. If you do not provide the requisite notice as required above, we are NOT required by law to honor your request.

Account Access

You may provide other people access to your Account (called an ÒAdministratorÓ).  With access to your Account, you understand that an Administrator can make changes to your website, upgrade your Account incurring additional fees for Services, and even lock you out of your own website.  You understand that you are solely responsible for the actions of Administrators and that you appoint any Administrators at your own risk.  By appointing an Administrator, you release iHosting HQ from any liability with regards to unauthorized access, alterations, or damages to your website as any additional fees you may incur due to changes made by an Administrator.   If you wish to revoke an AdministratorÕs privileges, you may contact iHosting HQ for assistance if you are unable to do so using the online tools we provide with your Account.

Website Design & Programming Services – Subject to Separate Agreement

Due to customized nature of Website Design Services, if iHosting HQ provides such Internet Design Services to you, you will enter into a separate legal agreement with iHosting HQ that will define the scope, timeline, and costs of such Website Design & Programming Services to be provided.

Website Content Limitations

iHosting HQ allows most website content to be hosted, with the exception of the following:

1)    Pornographic and adult sites of any kind, including, but not limited to sexually oriented sites, nude picture sites, sales of marital aids/equipment, sites depicting torture/abuse, and the like;

2)    Gambling sites of any kind;

3)    Sites promulgating terrorism; hate crime; harassment of businesses or individuals; or the commision or endorsement of illegal actions under local, state, and federal laws of the United States of America, United Kingdom and/or European Union;

4)    Software, music, and other content pirating sites;

5)    Sites generating SPAM and sites advertised via SPAM (Spamvertised);

6)    Any site, which in our sole discretion, may cause legal issues or liability to iHosting HQ; and

7)    Linking to other websites which contain any of the above.

SPAM Policy

iHosting HQ has a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and SPAM.  You understand that we consider "safe lists" and purchased lists as SPAM.  Any customer who sends out SPAM from their account will have their account terminated without notice. This also includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups.

Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.  iHosting HQ reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of iHosting HQ.

Service Restrictions

iHosting HQ systems may be monitored for all lawful purposes, including ensuring compliance with our Legal Terms, for management of our internal systems, and to verify security procedures, survivability, and operational security of our internal systems. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of our Website and Services constitutes consent to monitoring for these purposes.

Advertisements placed on our Website and through our Services are for legitimate purposes. Intentionally false clicking advertisements, whether by usage or programmatic means, is a violation of our Legal Terms.

Any account found connecting to a third party network or system without authorization from the third party is subject to termination.  Access to networks or systems outside of your direct control must be with expressed written consent from the third party. iHosting HQ may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

Failure to respond to email from our abuse department within forty-eight (48) hours may result in the suspension or termination of your Account.  All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

iHosting HQ reserves the right to require changes or disable as necessary any website, Account, database, or other component that does not comply with our Legal Terms, or to make any any such compliance modifications in an emergency at our sole discretion.

Furthermore, you shall not:

1)    Use more than 5% of system resources for longer than one hundred twenty (120) seconds.

2)    Run stand-alone, unattended server-side processes at any point in time on our servers, including any and all daemons, such as IRCD.

3)    Run any type of web spider or indexer (including Google Cash or AdSpy) on our servers.

4)    Run any software that interfaces with an IRC (Internet Relay Chat) network.

5)    Run any bit torrent application, tracker, or client or host or store them on our servers.

6)    Participate in any file-sharing/peer-to-peer activities.

7)    Run any gaming servers.

8)    Run cron entries with intervals of less than 15 minutes.

Backups and Data Loss

While iHosting HQ does back up its servers as part of its routine maintenance, iHosting HQ is not responsible for your files and/or your data unless you have paid for such Services on your Account.  You are solely responsible for the backup of files and data on your Account and for any loss of same.

Disk Space Limit

You are allocated a specified amount of diskspace for your Account. This allowance varies depending on the hosting package you have purchased. Should your Account exceed your allocated disk space amount, iHosting HQ reserves the right to suspend your Account until you upgrade to a higher level of disk space or to simply bill you additional fees for the overages.

Bandwidth Usage

You are allocated a specified allowance for monthly website bandwidth as part of your Account, or otherwise subject to our fair usage policy. This allowance varies depending on the hosting package you have purchased. Should your Account exceed the allocated bandwidth allowance, iHosting HQ reserves the right to suspend your Account until you upgrade your Account to higher level of bandwidth, or simply bill you a one-time, additional fee for the overage that month. Unused bandwith for a given month may NOT be carried over to the next month.

Fair Usage

You shall not use our hosting services in such a way that negatively affects other users of our Services. You should use our Services in fairness and consideration to other users. We reserve the right at our sole discretion to take action if we deem your usage is inappropriate, which could result in termination of your Account without warning.

Advertisements

Our Website or other websites as offered through our Services may contain advertisements for the goods and services of others.  We make no guarantees regarding such advertisements, including, but not limited to, their validity and availability, a warranty of the goods and services offered within them, or the safety of any website you are transported to by clicking on such advertisement.  The presence of an advertisement on our Website does not constitute our endorsement of the merchant, manufacturer, goods, or services offered within such advertisement.

Customer Support, Down-time, and Service Levels

We offer technical support by email only.  Generally, we will provide answers to your technical questions/issues in a timely fashion.  However, we make no guarantees as to response time.

Our Website and Services are subject to down-time with no prior notice to you.  We make no guarantees about down-time or any specific service levels.  We use commercially reasonable efforts to minimize down-time, but we are not liable to you for any down-time or failure to restore Services within a specific period of time.

No Warranties; Exclusion of Liability

OUR WEBSITE AND SERVICES ARE PROVIDED BY iHosting HQ ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, iHosting HQ AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE WEBSITE AND SERVICES FOR ANY PURPOSE.  OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. iHosting HQ SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. iHosting HQ SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE OR THE SERVICES WE PROVIDE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR SERVICES, OR FOR ANY DAMAGE TO YOUR COMPUTER, WEBSITE, OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR SERVICES.  YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER iHosting HQ OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE OR SERVICES, THE DELAY OR INABILITY TO USE OUR WEBSITE OR SERVICES, OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.  IN NO EVENT SHALL iHosting HQ HAVE LIABILITY FOR ANY DAMAGE CLAIM EXCEEDING THE AMOUNT PAID BY YOU TO iHosting HQ FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.

Free Hosting Advertisements

If you sign up to use our free Services, you agree that we may place advertisements on your website to help defray the cost of providing this service to you.  You may not attempt to remove or otherwise interfere with these advertisements nor may you use your website for placing paid advertisements for others.  You may not encourage others to deliberately or falsly click on any advertisement. Should you intentionally violate these terms or any of our Legal Terms, we reserve the right to not only terminate your Account, but to take any legal action against you as necessary to protect our rights.

Payment

You agree to make payment for the Services in advance of the time period during which such Services are provided by iHosting HQ. You agree that Services are billing on a recurring basis and unless you notify iHosting HQ of your desire to cancel/modify Services, you will continue to be billed for such Services, even if your Account is suspended.

If you upgrade your Account, you will be billed for any fees on pro-rated basis for the billing cycle in which you upgrade.  If you downgrade your Account, you will NOT receive a pro-rated refund and any changes in fees will become effective in the next billing cycle.

As an iHosting HQ customer, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. All Services are billed on a recurring basis, unless otherwise stated in writing by iHosting HQ. iHosting HQ reserves the right to bill your credit card or billing information on file with us. iHosting HQ provides a seven (7) day grace period from the time the invoice is generated and when it must be paid.  If you fail to pay any invoice due to iHosting HQ within 7 days of its due date, you will be charged a late fee of 1.5 percent of the amount due.  If you fail to pay any invoice due to iHosting HQ within seven (7) days of its due date, your Account will be suspended and/or downgraded. Your account will not be restored from a suspension until payment in full for past due amounts has been received.  iHosting HQ may, at its sole discretion, require you to post a security deposit if you make repeated late payments. iHosting HQÕs acceptance of partial payment does not relieve you of the duty to pay the remaining balance.

It is the customer's responsibility to notify iHosting HQ after paying for a service renewal and to make sure our information is updated and acted upon. Service renewal notices and invoices are provided as a courtesy reminder and iHosting HQ cannot be held responsible for failure to renew a service or failure to notify a customer about a serviceÕs renewal.

iHosting HQ reserves the right to change the monthly payment amount and any other charges at anytime.

No Refunds or Charge-backs

You agree that iHosting HQ offers no refunds for Services and all payments for Services are final. Any recurring payments, including recurring payments through any free trial do not qualify for any refunds and any amount billed is final. This no refund policy is strict and no exceptions will be made. Furthermore, you shall not institute any form or charge-back for any fees paid to us, unless you have been the victim of identity theft and provide us with a valid police report. Any other form of charge-back will result in the immediate termination of your Account, your obligation to pay an administrative cost recovery fee of $250.00 USD for each such charge-back, and may subject you to criminal investigation for fraudulently obtaining our Services.

Collection Fees

You agree that should iHosting HQ have to institute collection proceedings to recover past due amounts for Services, you agree to pay for the costs of such debt collection including reasonable attorneys or any other legal fees.

Cancellation/Suspension/Termination of Your Account

You may only cancel your Account at anytime from using the options we provide to you. If this is not possible, you should a ticket from inside your admin panel or by sending us a direct email to our support team.  Your Account, Website or other Services will then be cancelled within 72 hours.

iHosting HQ reserves the right to suspend access to your Account or terminate your Account, at our sole discretion and at any time with or without notice to you, should you violate the terms of our Legal Terms or for any other reason.

Abuse of iHosting HQ staff in any medium or format is considered grounds for the suspension or termination of your Account, at our sole discretion.

If your Account is suspended, you will not be able to access your Account as well as any of your files on our servers until the suspension is lifted.  We may place a temporary home page on your domain notating that your domain is temporarily suspended. You shall still remain responsible for payment of any amounts you owe iHosting HQ while your Account is suspended.

If your Account is terminated, you will not be able to access your Account as well as any of your files on our servers.  Depending on the egregiousness of your actions, iHosting HQ may, at our sole discretion, provide you with a CD of your files. You shall still remain responsible for payment of any amounts you owe iHosting HQ and you shall be responsible for fees up until the date your Account is officially terminated by iHosting HQ.

Disclosure of Account Information

iHosting HQ may disclose any of your Account information to law enforcement agencies or upon a valid court order without your further consent or notification.

Indemnification

You agree that you shall defend, indemnify, save and hold iHosting HQ harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's or other legal fees asserted against iHosting HQ, its agents, its customers, officers and employees, that may arise or result from your use of our Services or any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. You agree to defend, indemnify and hold harmless iHosting HQ against liabilities arising out of (1) any injury to person or property caused by any products sold or otherwise distributed in connection with iHosting HQ; (2) any material supplied by you that infringes or allegedly infringes the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to your customers using our Services.

Modification and Waiver

iHosting HQ will not be considered to have modified or waived any of our rights or remedies under our Legal Terms unless the modification or waiver is in writing and signed by an authorized representative of iHosting HQ. No delay or omission by iHosting HQ in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.

Severability

If any part of our Legal Terms is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.

Assignment or Transfer

You will not transfer, assign or delegate your rights or obligations (including your Account) under our Legal Terms to anyone without prior notice to iHosting HQ.  iHosting HQ may assign our Legal Terms in its sole discretion.

Force Majeure

Neither of the parties to our Legal Terms shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.

Choice of Law and Arbitration

 

United States Based Customers:

Any dispute regarding our Legal Terms shall be governed by laws of the State of Michigan in the United States of America except its conflict of law principles.   You agree to submit to the personal jurisdiction of the state and federal courts in the State of Michigan.

By using any iHosting HQ services, you agree to submit to binding arbitration. If any disputes or claims arise against iHosting HQ or its subsidiaries, such disputes will be handled by an arbitrator of iHosting HQ's choice. Arbitration will be conducted according the Commercial Arbitration Rules of the American Arbitration Association and an arbitrator will be selected from among its panel.  Arbitration will take place in Detroit, Michigan. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. You are also responsible for any and all costs related to such arbitration.  Any dispute arising from Services must be brought within one (1) year of the event giving rise to dispute or such dispute is considered null and void.

All Other Customers:

Any dispute regarding our Legal Terms shall be governed by laws of the United Kingdom.   You agree to submit to the personal jurisdiction of the High Court of England and Wales as located in London, England.

By using any iHosting HQ services, you agree to submit to binding arbitration. If any disputes or claims arise against iHosting HQ or its subsidiaries, such disputes will be handled by an arbitrator of iHosting HQ choice.  Arbitration will take place in London before the London Court of International Arbitration. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. You are also responsible for any and all costs related to such arbitration.  Any dispute arising from Services must be brought within one (1) year of the event giving rise to dispute or such dispute is considered null and void.

Notices

All notices sent to you by iHosting HQ will be delivered to the email address and physical address you provide as part of your Account. 

 

General Terms

To the extent that any content found in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.  The rights of iHosting HQ under our Legal Terms shall survive the termination of our Legal Terms.