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All services provided by Hosting Spot Center ( HSC) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Hosting Services Professionals from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to Hosting Spot Center' servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
pirated software hacker programs or archives Warez sites NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Hosting Spot Center WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Traffic Usage All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.
IRC We currently do not allow IRC or IRC bots to be operated on our servers.
Server Abuse Any attempt to undermine or cause harm to a server or customer of Hosting Services Professionals is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Refusal of Service We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of Hosting Spot Center must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
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By the Account Activation Date of each month, Hosting Services Professionals shall either:
(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Hosting Spot Center by no later than the specified payment due date. Hosting Spot Center shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
Service Fees
Certain services carry a setup fee charged by Hosting Services Professionals to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Hosting Services Professionals and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
Return Checks
HSP charges a $35.00 fee for returned checks whether by checks or credit cards. Customers that issue a returned check will be required to submit future payments with a certified check or money order.
A $25.00 chargeback fee will be assessed for each credit card chargeback received by Hosting Spot Center.
Money back guarantee & refund policy
We offer a 30 day Money back guarantee. Refunds: If client has retained the services for one year and has pre-paid Hosting Spot Center for such services, refunds will be issued for any unused full month of the services, upon client's request. Therefore, if client's account is cancelled at any point during the one-year term, client will be entitled to a refund for the months remaining, after notice given by the 25th day of the preceding month.
Please allow 4-6 weeks for refunds of check or money order payments, any request for cancellation must be received via email, faxes or regular mail, you will be contacted by email or regular mail for confirmation upon the cancellation of your account. Please note cancellations over the telephone are not accepted.
Late Fees: All past due account over 7 days are subjected to a late fee of $10. Accounts over 14 days will be automatically suspended and deactivated.
Account Deactivations Any account deactivated due to non-payment will require a reactivation fee of $25.00 prior to reactivation.
All accounts suspended for 30 days will be terminated, no exception.
Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection and may be reported to a collection agency for billing and reporting to all national credit reporting agencies. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.
Cancellation Refunds You may cancel at anytime. As a policy, we DO NOT refund partial monthly fees to accounts. We give refunds for unused full months of web hosting and other services, if you prepaid for them. We require 30 days notice for a cancellation. There are no refunds offered or promised after 30 days. See our Billing Policy for more details
Domain name registration and related add-on domain services are NON-REFUNDABLE.
Backup Your Information and Retrieve Your Email First: Be sure you have backups of all your account information before you issue your cancellation request. We are not responsible for any of your account information after you notify us to cancel your account. This information includes but is not limited to your Web site and any email left on your account.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability Hosting Spot Center shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Hosting Spot Center ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, Hosting Services Professionals shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Hosting Services Professionals ' servers. All damages shall be limited to the immediate termination of service.
Payment Plan Policy
Payment Terms Hosting Spot Center payments are invoiced 15 days prior to the due date, invoices are sent via e-mail, snail mail and also available on the client login at www.hostservicespro.com/members Therefore, you should have access to a frequently checked e-mail account. If payment is not received by the due date your website will become inaccessible until said invoice is paid in full. A grace period may be provided at the discretion of Hosting Spot Center.
Violations
Violations of these Acceptable Use Policies should be referred to us. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Disclaimer
Hosting Spot Center cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Hosting Spot Center are resold. Thus, certain equipment, routing, software and programming used by Hosting Spot Center are not directly owned or written by Hosting Spot Center. Moreover, Hosting Spot Center holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Hosting Spot Center sees fit.
Account Activation By activating your account with Hosting Spot Center, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee Although Hosting Spot Center has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.
Hosting Spot Center reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
Information Automatically Logged
We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.
Order Forms
Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us.
Contact information from the order forms is used to get in touch with the customer when necessary.
Billing information that is collected is used to bill the user for services.
Unique identifiers are collected from Web site visitors to verify the user's identity.
Demographic and profile data is also collected at our site.
We use this data to tailor our visitor's experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.
This site contains links to other sites. Please note that the fact that we provide these links does not mean that we endorse their positions, content, privacy or there practices. We encourage all our users to read their terms of service and download status.
Downloadable Materials. Any informational content, including white papers, and any software, including codes or other materials that are made available to download from this Site, is the copyrighted work of Company and/or its suppliers and affiliates. If you download software from this Site, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement.
Use of Software/Third-Party Hyperlinks. You are granted a limited, right to create a "hypertext" link to this Site provided that such link does not portray our company or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. Links to third party sites on this Site are provided solely as convenience to you. If you use these links, you will leave this Site. Hosting Services Professionals has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. You acknowledge and agree that Hosting Spot Center shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites.
Security
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact us.
Acceptable Use Policy As a provider of web site hosting and other Internet-related services, Hosting Spot Center offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Hosting Spot Center respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Hosting Spot Center reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Hosting Spot Center has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Hosting Spot Center' services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Hosting Spot Center cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Hosting Spot Center cannot monitor or censor the Internet, and will not attempt to do so, Hosting Services Professionals cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that Hosting Spot Center does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Hosting Spot Center' network and may reach a large number of people, including both subscribers and non-subscribers of Hosting Services Professionals, subscribers' postings to the Internet may affect other subscribers and may affect Hosting Spot Center' goodwill, business, reputation or operations. For these reasons, subscribers violate Hosting Spot Center policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Hosting Spot Center, but also because it can overload Hosting Spot Center' network and disrupt service to Hosting Spot Center' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Hosting Spot Center will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Hosting Spot Center reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Hosting Spot Center choose to pursue and prosecute.
Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, Hosting Services Professionals might not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.
Adult-Oriented Content:
Hosting Spot Center does not allow adult content and will suspend/terminate any offending account.
Obscene Speech or Materials: Using Hosting Spot Center' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Hosting Spot Center is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language: Using Hosting Spot Center' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Large File Policy: Hosting Spot Center is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail us.
Illegal or Unauthorized Access to Other Computers or Networks: Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities: Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Facilitation a Violation of this AUP: Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
Export Control Violations: Exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet Groups: Hosting Spot Center reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities: Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Other Activities:
Engaging in activities, whether lawful or unlawful, that Hosting Services Professionals determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Hosting Services Professionals will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Hosting Services Professionals' policy or applicable law. However, when Hosting Services Professionals becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Hosting Services Professionals.
Hosting Spot Center is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Hosting Spot Center' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Hosting Spot Center does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Hosting Spot Center reserves the right to directly take action against a customer of its subscribers. Also, Hosting Spot Center may take action against the Hosting Spot Center' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Hosting Spot Center anticipates that subscribers who offer Internet services will cooperate with Hosting Spot Center in any corrective or preventive action that Hosting Spot Center deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Hosting Services Professionals policy.
Hosting Spot Center will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Hosting Spot Center may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Hosting Spot Center may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Hosting Services Professionals assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Hosting Services Professionals may disclose subscriber information or information transmitted over its network where necessary to protect Hosting Services Professionals and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Hosting Services Professionals will never sell information to other services or outside companies.
Hosting Spot Center expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Hosting Spot Center policy. Finally, Hosting Spot Center wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Hosting Services Professionals for any violation of the Service Agreement, law or Hosting Spot Center policy resulting in loss to Hosting Services Professionals or the bringing of any claim against Hosting Spot Center by any third party. This means that, if Hosting Spot Center is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Hosting Spot Center, plus costs and reasonable attorney's fees.
We hope this TOS is helpful in clarifying the obligations of Internet users, including Hosting Spot Center and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this TOS should be sent to us.
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