Hosting Plus Networks Terms of Service
All accounts are set up on a pre-pay basis. Setup fees (if applicable) may be charged for all new accounts and existing account upgrades and are nonrefundable. Hosting Plus Networks reserves the right to change prices at any time, unless other terms have been agreed upon. All pricing is guaranteed for the term of prepayment.
VERY IMPORTANT – PLEASE NOTE: Customers whose accounts are more than 5 days past due to a recurring billing error, will be automatically suspended. Or if you have chosen to pay by check your invoice(s) are due upon receipt. Payments not received within 5 days may result in an interruption and/or cancellation of service(s). At that time, payment in full and a $25.00 reinstatement fee will be required to reactivate the account. Please allow up to 48 hours for your web site to be visible again on the Internet.
Those accounts more than 30 days past due will be subject to termination (completely removed from the server). The customer is responsible for all monies owed at that time. After 60 days, if payment is not received in full, the account will be sent to collections. All payment is in U.S. currency.
There will be a $25 service charge for all returned checks or E-check payments. Delinquent Members may be referred to a third party collections agency at the discretion of Hosting Plus Networks.
PROMPT PAYMENT ensures delivery of “cutting edge” services at the most reasonable rates. We do not wish to allocate valuable resources to bill collections and trust that our business minded customers understand our commitment to this philosophy.
To access and/or update your account information i.e. change personal information, billing information, order history, subscriptions, etc., go to our 24-Hour Customer Support Center and click on the “Manage Billing” link. Login using your email address and password to access your account.
Hosting Plus Networks reserves the right to cancel service at any time. All fees paid in advance of cancellation will be prorated and paid by Hosting Plus Networks if Hosting Plus Networks institutes it’s right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
30-day Guarantee. Hosting Plus Networks Web Hosting and Ecommerce Packages include a 30-day money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund if you cancel your account within 30 days of the activation of your account.
The 30 day money back guarantee does NOT apply to Domain Name Registration or SSL Certificates. Domain Name Registration and SSL Certificates are NOT refundable. Once you complete the purchase, you are its owner and it can not be “returned” until the duration of the term has expired.
If you cancel prior to the end of your contract term and you received special pre-pay rates, your hosting fees will be adjusted so that you pay the regular, non-discounted monthly fees. Partial months are NOT refundable. This policy does not apply to any additional services such as web stats, SSL, Merchant Services, overages, referrer logs, real audio/video, additional disk space, additional pop accounts, any third-party services, etc.
No refunds will be offered for Customers terminated for violations of the Terms and Conditions of Service or Billing Policies.
Due to security concerns, all account cancellations must be done via our cancellation form located in your 24-Hour Customer Portal. Phone requests will not constitute acceptance of any cancellation. Refunds (if applicable) will be made by company check within 15 days of receipt of cancellation.
These are the Terms and Conditions and Acceptable Use Policies for use of the Internet services provided by Hosting Plus Networks. By accessing services from Hosting Plus Networks, you (Customer) agree to abide by these terms and conditions. We reserve the right to change this agreement at any time without notice.
You are responsible for conforming to all federal, state, and local laws regarding the Internet and electronic communication. You must respect the intellectual property and copyrights of resources provided by others on the Internet. You may not participate in any illegal activities while using your account. You must obey the laws of the United States and other countries that you communicate with over the net. We cannot and do not monitor or control traffic content to/from our service. You are responsible for keeping your activities legal, and for censoring yourself and colleagues. Customer is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Hosting Plus Networks. Should the posted material fall into this category, we reserve the right to immediately refuse or terminate service.
Account Security and Hosting Plus Networks Systems:
A. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
B. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Hosting Plus Networks may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
C. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Hosting Plus Networks may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
D. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by Hosting Plus Networks of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, Hosting Plus Networks may clean-up your account for an additional fee.
E. Hosting Plus Networks reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
Data & Backup:
Our backup service runs once each month week and day and overwrites any of our previous backups made, and only a total of one month of backups are kept. However, your use of this service is at your sole risk.
This service is provided to you as a courtesy. Hosting Plus Networks is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Hosting Plus Networks servers. You must agree that Hosting Plus Networks has the right to delete all data, files, or other information that is stored on Hosting Plus Networks’ computers upon termination of services, or cancellation of account due to non-payment or violations of our Terms and Conditions of service policies.
HIPAA Disclaimer. We are not “HIPAA compliant.”
You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Hosting Plus Networks does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Hosting Plus Networks is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact [email protected].
All bulk/mass emailers must be in compliance with the CAN-SPAM Act. You may read their guidelines at https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business.
Unsolicited advertising (spam) via E-mail or newsgroups is prohibited and shall result in immediate account dismissal. “Spamming”, including (but not limited to) mass-E-mailing, cross-posting, or otherwise causing abuse to others on the net is prohibited and will be grounds for immediate account termination. Any actions construed to be negligent, malicious, or a denial-of-service attack is strictly prohibited.
Your material must be defined by us as having artistic value, regardless of its content. Material of an adult nature or that has “warez” or “hacking” content cannot be uploaded. Nor can you submit to us any illegal material, including copyrighted material belonging to other than yourself (e.g. mp3s of commercial songs) or child pornography.
We cannot provide space for:
- Displaying material containing pornographic material of any kind.
- Material that proves harmful in that it jeopardizes the safety and physical well-being of any individual, be that individual human, animal, plant, alien, or mineral.
- Displaying material that exploits children under 18 years of age;
- Promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals;
This includes, but is not limited to, the following activities:
- Providing instructions on how to assemble bombs, grenades and other weapons;
- Disseminating personal information about another individual without their express permission or for malevolent purposes;
- Embedding hardware and/or software viruses or code designed to create a virus inside any material you ask to post here.
- Providing satellite TV cracks;
- Providing programs or code to “nuke” or create a denial of service attack against another individual or ISP.
PLEASE NOTE: We reserve the right to suspend or remove any page from this site which is brought to our attention and which we find, in our sole discretion, violates any of these page content guidelines or otherwise is in violation of the law.
Customer is expected to keep all passwords secret. Passwords allow access to your private messages and billing information. If Hosting Plus Networks believes a Member’s password has been compromised, we reserve the right to change the Member’s password without notice.
Hosting Plus Networks reserves the right to limit bandwidth usage.
Some Hosting Plus Networks accounts operate on shared resources. Excessive use or abuse of these shared resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Hosting Plus Networks systems or networks. Hosting Plus Networks reserves the right to terminate or limit such activities.
Customer is responsible for registering and renewing Domain Names with InterNIC. Domain names can be registered or renewed using Hosting Plus Networks Domain Name registration services or by an authorized 3rd party registrant.
Customers may be assigned IP addresses by Hosting Plus Networks, and must return to Hosting Plus Networks the rights to IP addresses when service is discontinued.
Refusal of Service:
We reserve the right to terminate or refuse service to anyone for any reason. We reserve the right to refuse service to users under 18. Misrepresentation of age is grounds for termination.
You are responsible for all actions you take or cause to be taken in your use of the service. As a condition of service, you agree to indemnify and hold harmless our officers, employees, agents, and shareholders, for any cause of action originating from use of the service.
Assignment or Transfer:
Customer shall not assign or transfer the rights or obligations associated with this assignment, in whole or in part, without the written consent of Hosting Plus Networks.
Cancellation: (see cancellation policy above)
Customer will have 30 days from notification of price increases to cancel affected service without penalty. Prices may be reduced or new services and options may be put into effect without advance notice.
Limitations of Warranty and Assumption of Risk:
Customer uses Hosting Plus Networks services at Member’s own risk. Hosting Plus Networks makes no warranty, expressed or implied. Hosting Plus Networks shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. This service is provided as is. We are not responsible for hardware or software damage, loss of wages, or any other financial or personal loss resulting from the use of, or inability to use, this service. Any liabilities are strictly limited to the amount of the fee paid for services rendered. Hosting Plus Networks shall not be liable for claims of damages made by any third party for any cause whatsoever.
Customer will indemnify and hold Hosting Plus Networks harmless (including officers, employees, agents, and shareholders) of any and all claims, costs, expenses or liability resulting from any damage to Member’s business, service, equipment, network, operations, or reputation resulting from Hosting Plus Networks’ or their vendor’s actions. Indemnification includes, but is not limited to, any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort. This also includes Member’s losses of as a result of any natural disaster or event or extreme weather conditions or events.
If any portion of this agreement is found to contradict federal, state, or local laws, the remaining portions will remain in full force until account termination. Both parties agree to submit any dispute relating to the subject matter of this Agreement to binding arbitration, in Deschutes County, OR, pursuant to the commercial rules of the American Arbitration Association. The parties surrender and waive the right to submit any abatable dispute to a court or jury, or to appeal to a higher court. The arbitrator(s) shall not have the power to award punitive, consequential, indirect, or special damages. The arbitrator shall have the power to award costs and reasonable attorney fees to the prevailing party.
Hosting Plus Networks reserves the right to revise, amend, or modify this policy, our Terms and Conditions and Acceptable Use Policies and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted here.