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TOS
         
     
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.

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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

 

 
       
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