The following terms and conditions (these “Terms”) govern the provision by HostUSA (“Company”) of the services and/or products (referred collectively herein as (“Services and Products”) described on the Server Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the “Service Descriptions”) and defined in any of the Company’s product support listing, to the customer (“Customer”) identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this “Agreement.” HostUSA reserves the right to change and update this document as needs change or arise.
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Disk Space and Bandwidth. Customer will be provided with the amount of disk space and bandwidth stated in their quote or plan from HostUSA. Disk space usage and bandwidth usage are monitored by HostUSA and will be provided to the client to use at their leisure. Customers are responsible for purchasing additional disk space or bandwidth beyond that detailed in their “Plan” or to remove files and stop network usage in order to bring their usage with their Plan’s limit. In one month you may use a extra 5% of your quota, however continued heavy usage of this will require an upgrade or extra usage fees.
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Jurisdiction and Jurisdictional Disputes, Legal Responsibilities. The parties expressly recognize that, where HostUSA is acting solely as Customer’s Host, HostUSA is not engaged in, and is not actively soliciting, interstate or international commerce for said Customer. Where HostUSA is a named party to any type of dispute or litigation involving any acts by Customer that affect out-of-state persons or entities, Customer agrees that it shall indemnify, hold HostUSA harmless, defend HostUSA exhaustively (including all legal cost(s), and challenge the jurisdiction of out of state authorities over HostUSA). Any threat of legal action against HostUSA will result in immediate account and service termination without refund.
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Storage & Backups. HostUSA shall store Customer’s web sites, files, email and databases on their servers. The parties expressly recognize that internet servers and links are susceptible to crashes, down time, vulnerabilities and that from time to time HostUSA may need to preform maintenance on their services. Customers with unmanaged services are to manage their own backups at their own expense. HostUSA is not responsible for data that you may have lost due to said crashes, down time or vulnerabilities. In addition HostUSA will not support illegal activities by providing you with a backup if your Web Hosting contains any of the materials found under the Abuse section of this document. Due to the nature of computer hardware, HostUSA is not liable for any data loss occured.
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Maintenance. HostUSA may temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems, or whatever it deems necessary to maintain adequate services. However, HostUSA shall provide prior notice within 24 hours for all maintenance. Failure to provide prior notice on our part does fall under our SLA. Invalid rDNS records may be removed in our own discretion. For all customers, efforts must be made to ensure that their service do not get listed, banned or blocked, by any firewalls or blacklists. HostUSA will not be able to provide a replacement IP address for actions caused by users' negligence.
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Bandwidth. HostUSA agrees that it shall maintain a minimum of 1Gbps connections to our servers. However, HostUSA does not guarantee any response rate or download speed beyond our control, as this is depending on Customer’s and End Users ISP connections. We do NOT guarantee a set internet speed to your server. We do recommend, however, that you take advantage of our network looking glasses, prior to placing your order with HostUSA. Your refund rights will be voided if you use more than 10% of your package's bandwidth quota. Your service will be suspended if it sends any DDoS attack. Service activation or termination after the suspension will be in our sole discretion. HostUSA does not guarantee that any IP address space will be globally accessible due to factors out of our control.
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Security. The parties expressly recognize that it is impossible to maintain flawless security, therefore the customer is solely responsible for properly securing their hosting service provided by HostUSA including changing initial passwords and making any security adjustments and patches over time. Customer is solely responsible for any damage caused by such unauthorized access, and Customer indemnifies and holds HostUSA harmless for any compromise of Customer’s security that resulted from their own actions, the actions of HostUSA or the actions of any third party.
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Privacy. Message and data encryption is possible on HostUSA, however Customer is solely responsible for encoding their web site, content, and data to conform with generally accepted encryption standards, and Customer indemnifies and holds HostUSA harmless for any compromise of Customer's encryption method. HostUSA respects the individual privacy of each user, however breaches in security and personal mistakes on the part of our employees do happen. You agree to indemnify and hold HostUSA harmless and blameless for any compromisse of your personal, business, or private information in any form.
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Billing. Invoices for recurring services are generated at least seven days in advance of the due date. Invoices past due by three days incur a late fee of 12% of invoice total or $2 (whichever is greater) unless prior arrangements have been made to billing department. Overdue services are subject to Suspension and Termination.
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Refunds. Refunds are available for hosting and virtual private servers within 3 days from the signup date. Licenses, domains, IP addresses, SSLs and management services are not eligible for refunds. Payments made by bitcoin cannot be refunded and can only be added as account balance. Raising a billing dispute, claim or chargeback with our payment processors may result in instant service suspension or termination. Your personal details may also be reported to FraudRecord or law enforcement agencies.
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Limitation on Company Liability. Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products (including server interruption) to Customer(s) resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. No fees paid by the Customer to the Company, (HostUSA) shall be refundable after 3 days or if the purchases included: control panel license fees, IP addresses or general products which are not services. The current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
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Miscellaneous. Failure by either Company (HostUSA) or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
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Copyright. HostUSA is not responsible for copy-right infringements caused by what the Customer hosted on HostUSA's servers. Customers are to respond to any abuse, blacklist or DMCA reports within 48 hours or the service may be suspended.
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Pornographic Material. Legal pornographic material is allowed to be hosted. Hosting child pornography is NOT allowed and any client found to be doing so will be cancelled immediately upon discovery and reported to the proper authorities.
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Suspension and Termination. HostUSA will suspend services after 2 calendar days of non-payment. After 8 calendar days of non-payment, services will be terminated along with all data, IP addresses and other information. Repeated failure to pay invoices with termination will lead to account termination and refusal of service. Attempts to defraud HostUSA results in instant account termination.
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DDoS Protection. HostUSA offers DDoS protection to services in selected datacenters as a complimentary service. This service is not guaranteed and we may blackhole targeted IPs or suspend targeted service if attack traffic bypasses our mitigation facilities. We reserve the right to suspend or terminate services that are frequent targets of DDoS attacks.
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Licenses. cPanel and WHMCS licenses purchased through HostUSA may only be used in conjunction with a HostUSA hosting service. Licenses used outside the HostUSA network will be terminated without a refund.
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Banned Services. All the following services or activities are strictly prohibited at HostUSA:
- Topsites
- IRC servers
- Anonymizers
- Traffic Exchange, HitLeap, Automated Browsing, Crawlers etc.
- Pirated Software/Warez
- Illegal Downloads/Uploads
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners / Port Scanning
- Bruteforce Programs/Scripts/Applications
- Email Marketing / Mass Mailing of any type
- Mail Bombers/Spam Scripts/Mailer Pro
- Commercial Audio Streaming (more than two streams)
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Prime Banks Programs
- Lottery/Gambling Sites
- MUDs/RPGs/PBBGs
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent and/or Phishing Sites
- Public Proxies / Public VPNs / TOR Exit
- Video Encoding / Streaming
- TeamSpeak / Mumble
- Public Game Servers (including Minecraft)
- Virtual Currency Mining
- zPanel / Sentora / Kloxo (Kloxo-MR / VestaCP are okay)
- DDoS-prone applications or booters / flood scripts
- IP Spoofing
- QEMU / Wine / Windows / nested virtualization and related
- Cracking tools / illegal software key generators
- Scripts that cause CPU / Disk IO / Network abuse
Your service may be suspended and no refunds will be provided if you are found to be running anything listed above. This list may not be exhaustive.
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Email Communication. All customers are subscribed to our email newsletters upon signing up. The customer may opt-out from the client area or by clicking the unsubscribe link embedded in each newsletter. Transactional, service-related, account-related, operational and notification emails will be sent regardless of the subscription status.
