- (Host Wing Web Hosting, we, us or our) is pleased to have the individual or entity (you or your) agreeing to these Terms of Service (ToS) as our Customer. It is our hope that we will meet your expectations, and deliver the products and services set out on your Order Form (together, the “Services” and each, individually, a “Service”) as set out in this Agreement. The date that we accept an Order Form for a particular Service is the Effective Date. The initial term that we agree to provide the Services is also set out in your Order Form.
- Collectively these documents are referred to as the Agreement. They are referred to by their individual names if necessary.
- We agree to provide the Services to you as set out in the Agreement during the Term, as defined in this Agreement, provided that you comply with the terms of this Agreement. As long as you are in compliance, we grant you a nonexclusive, nontransferable, nonsublicensable, revocable right to: (i) use and access the Services; and use the Services to provide your offerings to your customers. We agree to provide the Services as they are set out on the Product Page (as defined in this Agreement) as of the Effective Date, subject to the Agreement. We may make non-material changes to the Services from time-to-time, and may substitute Third Party Products with other products having the same, or similar functionality.
Unlimited Disk Space/Bandwidth/Website Plans. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the normal operation of a personal or small business website, provided it complies with this Agreement. However, in the event your service usage or content presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS, or we may take action to restrict the resources your website is utilizing.
Service Uptime Guarantee
We offer a Service uptime guarantee of 99.9% (“Service Uptime Guarantee”) of available time per month. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable, including, but not limited to, DDOS attacks and IP blacklists; and (5) outages related to the reliability of certain programming environments.
Abusive Activities. You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this Agreement. In addition to the General Rules of Conduct listed in our Universal Terms of Service, you agree not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services to: (1) disseminate or transmit any material that, to a reasonable person may be grossly offensive, vulgar or malicious; (2) attempt to mislead any person as to the identity, source or origin of any communication; (3) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which you do not have authorization to access or at a level exceeding your authorization; (4) engage in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement or any of our policies; or (5) use your server as an “open relay” or for similar purposes.
. Payment Terms
- You agree to pay us the fees set out on the Order Form during the Term (Fees).
- The Fees are your sole and exclusive responsibility.
- If taxes are assessed on your use of the Services, you agree that we may add them to the Fees, and you agree to pay them. We will not add taxes based on our income.
- If we are including products and services from third party providers in the Services, you agree to pay any Fees charged by these providers to us. These Fees are not refundable and are not subject to the Guarantee below. If the fees charged to us by third party providers increase, you agree to pay the proportionate amount of any such increase attributable to the Service.
- You understand and agree that your failure to pay the Fees when due, for whatever reason, except for fees that you dispute (which shall be paid promptly upon a determination by us that such Fees are valid) may lead to the suspension and termination of the Services. In some cases, suspension of a Service will lead to the loss of a particular Service permanently. For example, if you fail to pay us, and your domain name registration lapses, you may lose your domain name. We have no liability to you for such a loss based on your failure to pay the Fees.
- We use good faith efforts to ensure our Fees are accurate. If you believe they are not, you agree to dispute them as set out in this paragraph. All questions about Fees must be presented to us in writing before the Fee is due. Failure to object to any Fees in a timely manner shall be deemed conclusive evidence that such Fees are valid. Your question must be in writing, and contain enough detail for us to investigate the dispute. Our investigation will take a maximum of thirty calendar days. After that period, we will either credit your account with the amount in dispute, or provide you with a written explanation of why the Fee remains due. You have fifteen calendar days to provide us with a written discussion of why our conclusions are incorrect. We will have thirty calendar days to review your discussion. If we agree with your discussion, we will credit your account as set out above. If not, our decision is final.
- We are confident that our Services will meet your needs. To underscore this confidence, we have a satisfaction guarantee (Guarantee).
- Your Order Form may contain a set-up Fee. Set-up Fees are non-refundable for any reason and are not subject to our Guarantee.
- We may offer you a discount on the Fee if you agree to pre-payment, or to an extended Term. If you terminate this Agreement for any reason, other than our material breach, or if we terminate it based on your breach or violation of our AUP, you will not receive a refund of pre-paid amounts. If the Fee has been discounted based on your agreement to an extended Term, you agree to pay the balance of the Fee (Early Termination Fee) at the time of termination, as if the full extended Term had been completed. If you have provided us with a credit card, or other form of payment to which we may charge Fees, you agree that we may charge that method of payment for the Early Termination Fee.
- Discounts apply only during the initial Term of the Services, and do not renew. Unless expressly stated otherwise, they apply only to new customers.
- Promotional codes only apply to the Services set out in their description, and we reserve the right to remove promotional codes if we determine that they have been misapplied.
- Some Services may be changed based on your usage of those Services, or based upon third-party usage of such Services through you. The way we calculate these Fees is set out on our Product Pages. You agree to pay these Fees unless we have made an error calculating them, in which case you agree to comply with the Fee dispute provisions of this ToS.
- Opening multiple accounts, or Services, to bypass restrictions or overage charges set by us, or to obtain additional discounts reserved for new customers, is a violation of this Agreement.
- We must receive payment of the Fees within thirty days of the date set out on our invoice, or the date set out on our Order Form (Due Date). If there is no Due Date, the Due Date will be on the twenty-eighth day of the month in which the Services are rendered. Fees must be paid without abatement or set-off. You authorize us to automatically charge Fees to the payment method we have on file on or no more than five days prior to the Due Date.
- Your order will be subject to fraud screening. As a result, your order may be rejected after you submit it. We have no obligation to provide the Services to you until your order is confirmed by us in writing. Note, that some Services, for example domain name registrations, may not be immediately processed. It is possible that between the time you place an order, the time the order is screened, and the time it is implemented by us, a particular Service or component of the Service may not be available.
How we will provide the Services to you
- When you completed the Order Form you selected the Services for us to provide to you. The description of the Services is set out on our product description pages on our website www.host-wing.com (Product Pages). We agree to provide the Services as set out on our Product Pages (as of the date of our written confirmation of the Order Form) during the Term. However, we reserve the right to make minor, non-material changes to the Product Pages, and the Services, during the Term, provided that any such change does not materially impact your ability to use the Services. Material changes to the Product Pages will only apply to the Services we provide you when your Term renews.
- The Services are designed to be used by individuals and entities who have experience using internet infrastructure services. You agree that you have the necessary knowledge to use the Services without our support. Any support we provide you is based on the Service’s inability to function as set out in the Product Description. The information and data you place on our Services, or which you transmit using our Services, must be server ready. This means that we are not required to manipulate or validate this information and data. If we do agree to assist you in making your information or data server ready, you agree that we may add our hourly charges to the Fees, and you will pay them. However, we may also reject this material at any time, even if it was previously placed on the Services. You may not terminate this Agreement based on this rejection.
- If we, or our data center operator, are obligated to engage in any “hands on” labor to make the Services available due to your error, you agree that our hourly fee, or any charges assessed by our data center provider, will be added to the Fee, and you agree to pay those charges.
- You agree that we may investigate your use of our Services, and that of those who use the Services through you, to ensure compliance with this Agreement and the law. You agree to cooperate with us in this investigation at your cost. If we determine, based on our investigation, that you or your customer(s) (End User(s)) have violated this Agreement, or the law, you will be responsible for all costs of the investigation, and agree that we may debit the method of payment we have on file for you for these charges.
- If a third party audits our Services, you agree to provide reasonable cooperation with this audit, including, but not limited to, providing us with copies of applicable licenses.
- You will not use the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or permit any other person to use, the Services in connection with aircraft or other modes of human mass transportation, nuclear or chemical facilities, or Class III medical devices under the Federal Food, Drug and Cosmetic Act.
- In the Order Form, and in all interactions with us, you agree to provide us with accurate information. You understand and agree that we will rely on this information in providing the Services to you. We have no liability for interruptions of the Service based on your failure to provide us with accurate information, or to update information that has become inaccurate. The individual or entity set out in our records as the customer hall be the owner of the account. We may take action based on the instructions of this individual. Neither the account, nor our Services, may be used by individuals who are under the age of eighteen, or who are residents of Iran, Syria, North Korea, Sudan or Cuba.
- We believe that the descriptions of the Services set out on our Product Pages (the Product Descriptions) are accurate. However, you may not terminate the Services without penalty unless the Product Descriptions are materially inaccurate.
- The Services may have limits or caps on their use. Our Product Descriptions set out these limits. Your use of the Services may be restricted, or you may be charged supplemental Fees, if you exceed these limits. You expressly agree that you are bound by these limits.
- You are responsible for providing equipment necessary for you to access the Services. Unless expressly set out in an Order Form, we do not warrant that your equipment will be compatible with the Services, or that the public Internet will be available when you seek to access and use the Services.
- If you’ve selected “back-up services” on your Order Form, they are provided on a commercially-reasonable-efforts basis, and as a supplement to your own back-up plans. You expressly acknowledge and agree that back-up services will not capture all data. If you ask us to restore material from back-up, it will be a bare metal restore. This means that all functionality that may have been available from the deployment of that information or data on our servers may need to be re-created. Creating this functionality will be at your expense. You agree that we will have no liability to you or any other person for loss, damage, integrity, usability accessibility or destruction of any data, other than in the case or our gross negligence or willful misconduct.
- The IP addresses assigned to you are our property. You have no ownership interest in them. We reserve the right to assign you new IP addresses from time-to-time and at any time.
- Following are a list of sites that will often require more than 10% of our systems resources: Multiple domains residing at a single IP address, domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.), and domain accounts offering download files. We are not saying that your web site cannot contain such files, however if at any time they consume 10% or more of our systems resources you will be contacted to resolve the problem.
- All our plans are offered with monthly bandwidth limit therefore if your bandwidth usage exceeds the allocated limit, it will attract additional charges.
- We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
. Term and Termination
- The initial Term during which we agree to provide the Services to you is set out in the Order Form. If the Order Form or Product Page does not contain a Term, the term shall be one year. On the anniversary of the initial Term, and for every anniversary thereafter, the Term shall renew for additional periods equal to the length of the initial Term (the initial term and each subsequent term each referred to herein as a Term).
- You may terminate the Services at any time prior to the expiration of the Term by providing us with written notice of this termination. We will acknowledge your notice of termination within five business days. If we do not do so, the Services set out in your notice will not be terminated. If you terminate the Services prior to the end of a Term, you will be charged all the Fees you would have paid if you had completed the Term. If you provide us with notice no later than thirty days prior to the end of a Term that you do not intend to renew the Services, and the notice of termination is acknowledged as set out in this ToS, the Services will be terminated as set out in your notice.
- Either party may terminate Services for material breach by providing the other party with written notice of their material breach, sufficient information for the other party to attempt to cure the breach, and two calendar days to begin to cure the breach. If the other party fails to initiate a cure within the two day period, the Services set out in the notice of breach will terminate. Services not affected by the alleged material breach will continue to be subject to this Agreement.
- If we notify you that you have violated our AUP (an AUP Notice), and you do not cure this violation within the period set out in such AUP Notice, we may terminate the affected Services, or this Agreement. You remain liable for any Fees owed to-date, along with the balance of any Fees that would have been due for the remainder of the Term. If we suspend the Services while you are complying with our AUP Notice, you may be charged a reinstatement Fee as provided in Section 2(e).
- Upon termination, all licenses granted to you in the Agreement will terminate. It is your obligation to ensure that you transition to another provider, including , but not limited to changing email and re-pointing DNS, prior to the date of termination. Upon termination, we are not required to maintain any of your data that remains on our network.
- You may not use the Services in a way that jeopardizes (i) our ability to provide them to other customers or (ii) the stability of our network. Should we determine that you have used the Services in this manner, we reserve the right to limit your use of the Services to minimize these effects. Following our limitation of this use, we will notify you in writing of the steps you may take to mitigate these effects. If you do not accept these steps, we reserve the right to impose permanent restrictions or limitations on your use of the Services.
- All Shared Hosting packages come with a 7-day money back guarantee, If a Hosting Service has already been performed, then it is non-refundable (if not yet performed, eligible for a refund within 7 days of the date of the transaction). and Domain Names are not subject to a refund. All upgrades are non-refundable and renewal payments are not covered by a money back guarantee.
. Security is a Shared Responsibility
- No Internet infrastructure service is 100% secure. You agree to this statement. We agree to implement industry standard measures to secure the network used to provide the Services to you. We agree to patch any software and hardware administered by us within seven business days of our determination that any such patch will not adversely affect our network.
- You agree to apply patches, updates and upgrades to the software and services administered by you and to observe appropriate security precautions in connection with passwords and other login credentials. This includes, but is not limited to, patching any announced security hole within seven calendar days of the licensor’s deployment of a patch.
- If you fail to apply a patch, or remedy a security hole, within the time period set out in this section, we may do so at your expense, and add our cost to the Fee.
- We agree to provide you with written notice within one day of our determination that our network has been accessed in a manner unauthorized by us (a “Security Breach”). Our Security Breach notice will contain the information we have learned up to that time. We agree to provide you with periodic updates, but no less than once per twenty-four hour period, until we determine that the Security Breach has been remediated. You agree that the information contained in our Security Breach notification is preliminary, unconfirmed, and may contain information that is later determined to be untrue. We have no liability to your or any third parties should you rely on this information. Providing you with this notice is our only responsibility in the event of a Security Breach.