Terms of Service
Last Updated: 06-26-2008
IMPORTANT NOTICE: All Payments To Hostevery, Inc. Are
Non-Refundable! 30 days money back is only applied if for
any reason you see our services did not meet your
expectation. We reserve the right to refuse the 30 days
money back guarantee for any reason we find that you had
been provided services without interruptions. 30 days money
back is only available for Paypal Customers, and is good for
one hosting account per person. All sales are
final, all purchases are digital goods and will not be
refunded.
Hostevery agrees to furnish services to the client, subject
to the following TOS (Terms of Service).
Use of Hostevery Service constitutes acceptance and
agreement to Hostevery's AUP, Hostevery's TOS (Terms of
Service).
All provisions of this contract are subject to the TOS
(Terms of Service) of Hostevery, AUP (Acceptable Use Policy)
and Hostevery (Service Level Agreement). The AUP may be
changed from time to time at the discretion of the Company.
Client understands that change to the AUP by Hostevery shall
not be grounds for early contract termination or non-payment
This Agreement shall be construed in all respects in
accordance with the laws of the state of California.
The AUP specifically prohibits the use of our service for
illegal activities. Therefore, Client agrees that Hostevery
may disclose any and all Client information including
assigned IP numbers, account history, account use, etc. to
any law enforcement agent who makes a written request
without further consent or notification to the Client. In
addition Hostevery shall have the right to terminate all
service set forth in this Agreement
Cancellations:
Requests for cancellation must be submitted online through
your
Hostevery Control Panel.
Payment:
Hostevery.com accept payment by Paypal, Moneybookers,
E-gold, and 2checkout.
Hostevery reserves the right to deny Client the use of any
payment method for, but not limited to, abuse or misuse of a
payment method. Abuse of a payment method may also be
grounds for further disciplinary action up to and including
the immediate and permanent cancellation of the customer’s
services or their entire account with Hostevery.com.
Payment for services must be received by Hostevery prior to
the end of the five day grace period allowed for services.
Payments and Fees: Service will be interrupted on accounts
that reach 1 day past due. Service interrupted for any
reason including non payment, abuse, or requested
cancellation is subject to a $1.00 late fee. Hostevery.com
highly recommend you to subscribe payments, to ensure you
don't get charged that late fee.
Invoicing:
Hostevery, Inc. does not utilize paper or hard-copy
invoices. All invoices are sent via email. To view your
invoice please use your
Account Manger control panel.
Refund and Disputes: All payments to Hostevery, Inc., Inc.
are nonrefundable. All overcharges or billing disputes must
be reported within 30 days of the time the dispute occurred.
If you dispute a charge to your credit card issuer that, in
Hostevery, Inc.'s sole discretion is a valid charge under
the provisions of the TOS and/or AUP, you agree to pay
Hostevery, Inc. an "Administrative Fee" of not less than $50
and not more than $150. Subscription PayPal payments that
are not cancelled at the time of your Hostevery cancellation
will be refunded less any fees and the subscription payment
will be cancelled by Hostevery.
Client acknowledges that the service provided is of such a
nature that service can be interrupted for many reasons
other than the negligence of Hostevery and that damages
resulting from any interruption of service are difficult to
ascertain. Therefore, Client agrees that Hostevery shall not
be liable for any damages arising from such causes beyond
the direct and exclusive control of Hostevery. Client
further acknowledges that Hostevery's liability for its own
negligence may not in any event exceed an amount equivalent
to charges payable by Client for services during the period
damages occurred. In no event shall Hostevery.com be liable
for any special or consequential damages, loss, or injury.
Hostevery.com recommend you to back up your own sites,
Hostevery.com offers weekly backups, but we can not 100%
guarantee your backup will work.
Support Boundaries: Hostevery, provides 24/7 technical
support to our Clients. We limit our technical support to
our area of expertise. The following is our guidelines when
providing support: Hostevery provides support related to
your server or functioning. Hostevery does not offer tech
support for application specific issues such as cgi
programming, html or any other such issue. Hostevery does
not provide technical support for YOUR Clients. If you can
email, we encourage you to email support(at)Hostevery.com or
utilize the online ticket system
http://www.Hostevery.com/cp/ for assistance. Any request of
technical support warrants the possibility of being charge a
system administration fee if the request related to
Operating System functionality, software application
functionality, or Control Panel functionality. If a staff
member of Hostevery is required to login to your server to
provide support, system administration fees can be applied
to your account
SPAM and Unsolicited Commercial Email (UCE): Hostevery takes
a zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our network. Very simply
this means that Clients of Hostevery may not use or permit
others to use our network to transact in UCE. Clients of
Hostevery may not host, or permit hosting of, sites or
information that is advertised by UCE from other networks.
Violations of this policy carry severe penalties, including
termination of service with no refund.
Violation of Hostevery's SPAM policy will result in severe
penalties. Upon notification of an alleged violation of our
SPAM policy, Hostevery will initiate an immediate
investigation (within 48 hours of notification). During the
investigation, Hostevery may restrict customer access to the
network to prevent further violations. If a customer is
found to be in violation of our SPAM policy, Hostevery may,
at its sole discretion, restrict, suspend or terminate
customer's account. Further, Hostevery reserves the right to
pursue civil remedies for any costs associated with the
investigation of a substantiated policy violation. Hostevery
will notify law enforcement officials if the violation is
believed to be a criminal offense
First violations of this policy will result in an
"Administrative Fee" of $1 and your account will
be reviewed for possible immediate termination. A second
violation will result in an "Administrative Fee" of $3 and immediate
suspension of your account. Users who violate this policy
agree that in addition to these "Administrative" penalties.
As our Clients are ultimately responsible for the actions of
their clients over the Hostevery network, it is advisable
that Clients develop a similar, or stricter, policy for
their clients.
Network
System and Network Security: Users are prohibited from
violating or attempting to violate the security of the
Hostevery Network. Violations of system or network security
may result in civil or criminal liability. Hostevery will
investigate occurrences, which may involve such violations
and may involve, and cooperate with, law enforcement
authorities in prosecuting Users who are involved in such
violations. These violations include, without limitation:
Accessing data not intended for such User or logging into a
server or account, which such User is not authorized to
access.
Attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication
measures without proper authorization.
Attempting to interfere with service to any user, host or
network, including, without limitation, via means of
overloading, "flooding", "mail bombing" or "crashing"
Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting
Taking any action in order to obtain services to which such
User is not entitled.
Addition of IP addresses that have not been specifically
assigned to the server
Notification of Violation: Hostevery is under no duty to
look at each customer's or user's activities to determine if
a violation of the AUP has occurred, nor do we assume any
responsibility through our AUP to monitor or police
Internet-related activities.
_____________________________________________________________________________________________________________________________________
Hostevery takes no
responsibility for any material input by others and not
posted to the Hostevery Network by Hostevery. Hostevery is
not responsible for the content of any other websites linked
to the Hostevery Network; links are provided as Internet
navigation tools only. Hostevery disclaims any
responsibility for any such inappropriate use and any
liability to any person or party for any other person or
party's violation of this policy.
Hostevery is not responsible for any damages your business
may suffer. Hostevery does not make implied or written
warranties for any of our services. Hostevery denies any
warranty or merchantability for a specific purpose. This
includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions caused
by Hostevery.
Responsibility for Content: You, as Hostevery's customer,
are solely responsible for the content stored on and served
by your Hostevery server. You are also recommended to do
your own back up and not rely on our backup servers, its
good practice to make your own back up just incase anything
happens.
We absolute do not allow: file hosting, mass emailing,
newsletters, torrent type programs (Torrent flux), Free
Webhosting Services, Music or Video Streaming (Youtube
programs) and any activities that may hog server
resources.
RESELLERS : IF
ANY OF YOUR CUSTOMERS VIOLATE HOSTEVERY TOS, YOU MAY
ENCOUNTER A $1.00-$5.00 FINE DEPENDING HOW SERIOUS THE
VIOLATION IS.
We reserve the right to terminate any of your customers
account if we find any illegal material or activities that
break our TOS. If you have any questions on what you may
host please email admin(at)hostevery.com