TERMS OF SERVICE
This is an agreement between you
and iHosting HQ (“we”, “us”, “our”, or any other sister
website or company) and is governed by the United Kingdom’s 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.
guidelines found within our Website collectively as our “Legal Terms”. Our Legal Terms govern both your legal
rights with regards to our websites and subdomains (collectively, “Website”) as
well as Website Design & Programming and Internet Hosting services
(collectively, “Services”) 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.
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
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
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
Registration for Account Access
To use most of our
Website and Services, you must setup an account (“Account”) on our
Website. Through your Account, you
can manage any websites you are hosting with us. To setup you’re 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
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
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.
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
You may provide other people access to
your Account (called an “Administrator”).
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
Administrator’s 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
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
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;
7) Linking to other
websites which contain any of the above.
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
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.
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.
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
7) Run any gaming
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.
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.
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.
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
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
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.
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 HQ’s 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 service’s
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.
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
Abuse of iHosting HQ staff in any medium or format is
considered grounds for the suspension or termination of your Account, at our
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.
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.
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
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.
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
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.
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
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 sent to you by iHosting HQ will be delivered to the email
address and physical address you provide as part of your Account.
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.