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Hosting Terms of Service

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These terms and conditions (TOS) apply to all services provided by Host4Porn (Host4Porn, we, us, or our) agrees to provide to you, and which govern the rights and responsibilities between Host4Porn and the entity purchasing, or using those services (Customer, you or your). You agree to be bound by this TOS regardless of the way you have contracted with Host4Porn. Both Host4Porn and you agree that Host4Porn’s continued provision of services to you, and your continued use of them, represent agreement to be bound by the TOS.
Host4Porn (a Whitelabel ITSolutions company) is an internet based service and provides domain registration and web hosting. Domain registration is done through accredited domain registrars. In some cases it is possible that someone else may register your domain name before we do. We accept no liability for this or any other circumstances that may result in this failure. In which event, a refund will be issued unless if you request another name instead. Even though we do our best in maintaining domains we register, it is the customer’s responsibility to renew their domains in time and provide correct contact information for them. Host4Porn will not be responsible for any damages your business may suffer due to expired domains or domains registered with false credentials. Host4Porn reserves the right to refuse service to anyone at any given time for reason(s) of infringement of copyrights or any other reason(s) at its sole discretion.

SERVICE USAGE POLICY

We do not host gambling sites. Host4Porn does not allow any of the following content to be stored in the web hosting space (ftp space included) that you are provided with. We reserve the right to cancel your account without notice and without refund, should you be found violating these rules.

Illegal Material – This includes copyrighted works, commercial audio, video, or music files, counterfeit products and any material in violation of any Federal, State or Local regulation.
Non-Acceptable Adult Content includes, but is not limited to, Child pornography, Incest and Beastiality. You may also NOT link to and/or provide information about such content. We reserve the right to cancel your account without notice and without refund, should you be found violating this rule.

Warez and malicous software – Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, trojan horses, viruses, spy-ware, malware, phishing attacks, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.

Spam (unsolicited bulk e-mailing and messaging) & Undesirable E-mail Services – No spamming is allowed. We reserve the right to cancel anyone spamming immediately and without refund. We also reserve the right to cancel without refund, anyone who causes our company to be blocked by any e-mail service – this includes selling bulk-emailing software and/or e-mailing lists.

If you are found to be engaging in any of the above activities then your account will be terminated without warning and you will not be entitled to any refunds, including the money back guarantee, that you would otherwise have been entitled to on leaving/canceling your account with us.

IRC – We currently do not allow IRC or IRC bots to be operated on our servers.

Disk Usage – The sole purpose of your hosting account with Host4Porn is to host web sites. Your files need to be web accessible. Using a hosting account for online file storage and/or archiving electronic files are prohibited. Extremely high and unusual disk usage may interfere with our HIGH RESOURCE USER POLICY.

REBOOTS AND BACKUPS

Each of our servers comes with access to a control panel from which you can immediately and automatically reboot your server through a remote power cycle. We will not be responsible for any damages you or your business may suffer should this remote reboot fail or if the result of a reboot is hard drive corruption. We are not providing any server backups. It is the customer’s responsibility to backup any data he/she wants to secure.

NETWORK

Internet Protocol Addresses – You may have additional IPs assigned to your server, however the right to use those Internet Protocol Addresses shall belong only to Host4Porn, and you, the customer, shall have no right to use that Internet Protocol address except as permitted by Host4Porn in its sole discretion in connection with the services, during the term of this agreement. Limitations due to ARIN’s (American Registry for Internet Numbers) policies require that you use additional IPs only if necessary. Acceptable IP usage is for anonymous FTP servers, sites with secure certificates or nameservers. You must use name-based hosting where possible.

Bandwidth – You, the customer, agree that bandwidth usage shall not exceed the maximum number of megabytes per month allocated to your server. Host4Porn will monitor bandwidth usage and shall have the right to take corrective action if the agreed usage is exceeded. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this agreement.

Security – Users of our servers and services are prohibited from violating or attempting to violate the security of the Host4Porn network. Violations of system or network security may result in civil or criminal liability. Such violations include, but are not limited to; (a) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (b) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”; (c) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

BANDWIDTH AND DISK SPACE

No set limit on bandwidth or disk space exists for accounts featuring unlimited bandwith and/or disk space. However, Host4Porn requires all customers to be fully compliant with our HIGH RESOURCE USER POLICY.

HIGH RESOURCE USER POLICY

Resources are defined as disk space and/or bandwidth and/or processor utilization. Host4Porn may at any given time implement the following policy to its sole discretion: When a hosting account is found to be monopolizing resources available Host4Porn reserves the right to suspend or terminate that account immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of servers on which your web site will be hosted or any other servers with which your web site is associated with.

PAYMENT POLICY

All accounts are set up on a prepay basis. Although we reserve the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. No bills or invoices will be sent by Postal mail. All invoices will be sent directly to customers via email after the online purchase has been made. At this point the customer’s card will be charged automatically.

PAST DUE ACCOUNTS

In situations where the account holder does not renew his/her account we will suspend the service with penalty after 10 days of payment being past due. We do not guarantee that suspended sites will remain intact on our servers. In addition, we reserve the right to suspend other services of the same customer with an outstanding balance, until the outstanding debt is cleared. The account will be cancelled and deleted after 30 days of nonpayment.

CANCELLATION POLICY

ALL accounts will be automatically charged for the next payment period/billing cycle unless a cancellation request is submitted in writing via email or HelpDesk request. THIS MUST BE RECEIVED AT LEAST 5 DAYS PRIOR to the billing due date. A request must include your Client ID Number, Contact E-mail at signup, Order Number and Domain Name. For requests less than 5 days prior to rebill date but before rebill, a mid-cycle termination penalty of $175.00 or ONE BILLING CYCLE* (whichever is less) will apply to all accounts. ALL accounts and websites will no longer be accessible at the time of cancellation unless a prior request is made to have it remain online and accessible until the end of the paid period. The customer is responsible for all money owed on the account from the time it was established to the time that we receive a verifiable cancellation request.

REFUND POLICY

Web Hosting is a service provided by Host4Porn. Once the service has been fulfilled the payment will not be refunded after 24 hours of billed payment. For an account to be eligible for a refund it must be requested WITHIN 24 HOURS OF BILLED PAYMENT**. A refund request must be submitted in writing via email or HelpDesk. A request must include your Client ID Number, Contact E-mail at signup, Order Number and Domain Name. A mid-cycle termination penalty of ONE BILLING CYCLE will apply to all accounts and be deducted before the refund is given.
Domain name related purchases are excluded from this policy and strictly nonrefundable.

* ONE BILLING CYCLE is the payment plan you currently are being billed Monthly, Quarterly, Bi-Yearly OR Yearly. EX#1: $9.95 Monthly Plan – EX#2: $305.48 Yearly Plan – EX#3: $56.85 Quarterly Plan

** BILLED PAYMENT is the time we receive notification that your account has rebilled.

CHARGEBACKS

If you have a problem with any of our services we ask that you contact “Host4Porn” directly via email or HelpDesk request before issuing a chargeback. We will do our best to resolve any problem you may have encountered and will issue a refund if warranted. If you issue a chargeback by mistake or by fraud, you will be responsible for an additional $35.00 fee.

OUR RIGHTS TO LIMIT OR END SERVICE OR THIS AGREEMENT OF TERMS

You agree not to resell our service to someone else without our prior written permission. You also agree your account won’t be used for any other purpose that isn’t allowed by this agreement. WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR END YOUR SERVICE OR ANY AGREEMENT WITH YOU FOR THIS OR ANY OTHER GOOD CAUSE, including, but not limited to: (a) paying late more than once in any 12 months; (b) harassing our employees or agents; (c) lying to us; (d) interfering with our operations; (e) becoming insolvent or going bankrupt; (f) breaching this agreement; (g) “spamming,” or other abusive messaging or calling; (h) providing credit or contact information we can’t verify; (i) using your service in a way that adversely affects our company or other customers; (j) any illegal action defined by law; or (k) allowing anyone to tamper with your account. We can also temporarily limit your service for any operational, legal or governmental reason.

INDEMNIFICATION

The customer agrees that any domain name registered by Host4Porn on his/her behalf is to the best of their knowledge NOT in violation of any trademarks or any other statutes. You agree we aren’t liable for problems or illegalities, damages and losses to your person or business caused by you or by a third party; by use of illegal material; illegal use of copyrighted materials, text and images; theft of domain names, images, text, videos, music, and copyrighted materials; internet connection failures, buildings; network congestion, weather, or other things we don’t control; or by any act of God. Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Host4Porn’s owners, parent company, their agents, their customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, agents, employees or assigns of the owners of Host4Porn. It’s illegal for unauthorized people to intercept your domain name, its website and content but such interceptions can occur. Customer agrees to defend, indemnify and hold harmless Host4Porn owner/s against liabilities arising out of; (a) any injury to person or property caused by any products sold or otherwise distributed in connection with Host4Porn. (b) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (c) copyright infringement and (d) any defective products sold to customer from Host4Porn.

DISCLAIMER

We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose, including loss of data and downtime resulting from delays, server malfunctions, missed backups, non-deliveries, wrong delivery, expired domains and any and all service interruptions caused by our proprietors and their employees. We reserve the right to revise our policies at any time.

ABOUT YOU

You represent that you’re at least 18 years old and have the legal capacity to accept this agreement. If you’re ordering for a company, you’re representing that you’re authorized to bind it, and where the context requires, “you” means the company.

ABOUT THIS AGREEMENT

A waiver of any part of this agreement in one instance isn’t a waiver of any other part or any other instance. You can’t assign this agreement or any of your rights or duties under it. We may assign all or part of this agreement or your debts to us without notice, and you agree to make all subsequent payments as instructed. Notices are considered delivered when we send them by email to any email address you’ve provided to us. If any part of this agreement is held invalid, that part may be severed from this agreement. This agreement and the documents to which it refers form the entire agreement between us on their subjects. You can’t rely on any other documents or statements on those subjects by any sales or service representatives, and you have no other rights with respect to service or this agreement, except as specifically provided by law.