Terms of Service
The following is the entire Acceptable User Policy agreement between HostAwesome and the personal or corporate account holder. HostAwesome has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services.
HostAwesome's general policy is to act as a provider of Internet presence. We reserve the rights to suspend or cancel a customer's access to any or all services provided by us when we decide that the account has been inappropriately used.
Any attempt to undermine or cause harm to a server or customer of HostAwesome is strictly prohibited. We will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password theft, security hole scanning, etc. Any unauthorized use of accounts or computers by client, whether or not the attacked account or computer belongs to HostAwesome, will result in action. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack.
HostAwesome has the right to discontinue service, or deny access to anyone who violates our policies without warning or prior notice. No refunds of fees paid will be made if account termination is due to heavy violation of the terms outlined. Client may not run IRC or bots on our servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by us to be unacceptable use of our services including abuse of server resources.
WordPress hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material; displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Unsolicited commercial advertisements ("SPAM") are not allowed in e-mail, and will likely result in account cancellation. HostAwesome takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from client's domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, Client must not send that person any further messages. If Client uses the services of another provider to promote a website hosted by or through HostAwesome, then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
Due to legal, moral and ethical reasons, HostAwesome does not allow sexually explicit material to be hosted or transmitted over our servers.
Upon registration, you selected and were allocated a specific monthly data transfer allowance based on the plan chosen. It is your sole responsibility to be aware of such limits and will not hold HostAwesome liable for any downtime experienced due to overages. If overages are experienced or projected for a certain month, all HostAwesome clients have the option to upgrade to a larger plan, or simply wait until the transfer limit resets. Data transfer usage is measured on a monthly basis coinciding with the client's billing cycle.
Client agrees to pay HostAwesome prior to the effectiveness of the desired domain name registration, the then-current amount set forth in our price schedule for the initial registration of the domain name and, should the client choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if the domain name registration is suspended, canceled or transferred prior to the end of the client's then current registration term.
HostAwesome reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Client's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed the registration in an email from HostAwesome to the email address indicated in client's registration. In the event of a chargeback by a credit card company (or similar action by another payment provider) in connection with the payments of the registration fee for the domain name registration, client agrees and acknowledges that the domain name registration shall be transferred to HostAwesome as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate client's domain name registration solely at our discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
When transferring domain registrar to HostAwesome, client agrees to pay HostAwesome prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in our price schedule for the initial transfer request of the domain name. Client agrees and acknowledges that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status
- Domain name registration period time expires or other constraints
HostAwesome WordPress hosting has differing domain hosting restrictions and must be reviewed prior to purchase.
HostAwesome provides technical support for client that encompasses within our area of expertise only. Such expertise includes assistance and troubleshooting of hosting issues, and WordPress related issues within our scope. Web hosting plans do not include any adding, removing, or modify any website code. If you require assistance with any 3rd party code on your website, we can provide these services at an hourly service fee rate or you can replace your hosting with a managed care plan.
Our Servers are backed up daily for up to two weeks. However, we do advise all clients to have backup locally or elsewhere other than within the HostAwesomes' servers. Restorations from backups on our servers should only be performed in emergency situations. Under no circumstance is HostAwesome responsible or held liable for any data loss on our servers. It is impossible for us to guarantee that a backup of a website will always be obtainable.
Regarding Free Account Inactivity
We reserve the right to remove free accounts on our server due to inactivity since, or close after, account inception. When this occurs, an email will be sent out and the account will be temporarily suspended for a week, or until the user notifies us that he/she wishes to continue. After the week passes without any contact with us, the account will be removed.
Cancellation of Service
HostAwesome reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by HostAwesome if we institute our right of cancellation.
All of our paid plans are backed by a 30-day money back guarantee. If client is not completely satisfied with our services or support within the first 30 days, client will be given a full refund of the amount excluding domain registration fees or any add-on/upgrade fees.
Promotional Rate & Special Offers
HostAwesome may offer subsequent promotional rates or special offers. Any such promotions or modifications shall not affect clients' obligations under this agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this agreement, shall govern. Different promotional fees and special offers may not be combined together.
Intellectual Property Rights
Materials accessible to all clients through HostAwesomes' services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, client must not use HostAwesome or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that accessed or receive through our network.
Clients may not use the our network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the client, logging into a server or account that the client is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. The client may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. HostAwesome will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
IP Address Ownership
HostAwesome shall maintain and control ownership of all IP numbers and addresses that may be assigned to the client. HostAwesome reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
HostAwesome reserves the right to refuse service to anyone. Client may only use our servers for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If it is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated Warez", OGG, AVI, MPEG, ISO, "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed MP3". The designation of any materials as such described above is left entirely to the discretion of HostAwesome. If illegal content or usage is found, the account will be suspended and/or terminated. Client agrees that HostAwesome may disclose any and all 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.
Client agrees that it shall defend, indemnify, save and hold HostAwesome harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against HostAwesome.
Client agrees to defend, indemnify and hold harmless HostAwesome against liabilities arising out of: (1) Any injury to person or property caused by any products sold or otherwise distributed in connection with HostAwesomes' servers. (2) Any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party (3) Copyright infringement and (4) Any defective products sold to customer from HostAwesomes' servers.
HostAwesome will not be responsible for any damages the client's business may suffer. We make no warranties of any kind, expressed or implied for services we provide. HostAwesome disclaims any warranty or merchantability or fitness for a particular purpose. We reserve the right to revise our policies at any time.