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Hosting Terms of Service

LAST UPDATED: November 1, 2014

 

This policy represents your web hosting agreement with 5150 Design, in addition to all emails exchanged between us and yourselves. Please retain your emails for future reference in the unlikely event of any dispute. This policy is subject to change, so please check regularly for updates. This policy is in addition to our Web Design Terms of Service and our Privacy Policy.

From time to time, we (or our provisioning servers) may have to revise, change or update parts of the web hosting terms and conditions. Some parts of the web hosting terms and conditions are governed by our server provisions and therefore legally binding upon us, as well as our web hosting clients.

General Information for web hosting clients

When you register to have a website hosted by us, or purchase, transfer or renew a domain name, you are agreeing to these Terms and Conditions as outlined on this page. You should read these Terms of Service carefully as they do form a legally binding contract between us and you, and your acceptance of them is agreed upon your payment (be it a deposit or full payment) for our contracted services. We have tried to keep the Hosting Terms of Service brief, easy to understand, and as straight-forward as possible. If you have any questions however, please do contact us.

Registering your domain

As an authorized hosting provider, we offer hosting with domain name registration, hosting on its own whereby you can point a domain at our services, or registering a domain name on its own. If you wish to register a domain without using our hosting packages however, then you will have to pay the amount stated on the domain registration page, PLUS an administration and handling fee of $10 for each domain name you may wish to register. If you are choosing hosting services with us, then you will only have to pay the hosting package fee, plus any domain name fees, such as registration or transfer fees as stated at the time of purchase.

We make no representation that the domain name you may wish to register is capable of being registered by us, or on your behalf. You therefore should not assume that the actual registration of any domain name you have selected, until we have verified by email that the domain purchase has been completed. Any action taken therefore prior to our notification to you that the domain has been successfully registered is entirely at your own risk, such as publishing cards, leaflets, or any other materials bearing the domain name you have requested.

Renewing your domain

At least 14 days prior to your domain expiry date you will receive an invoice due for payment for whichever domain(s) are registered with 5150 Design. Payment for domain renewals must be made prior to the actual date they may be due to expire, as domains may not be automatically renewed by us if payment has not been made.

If a domain name is not renewed by its expiry date, then any services relating to that particular domain name will cease working. This includes any websites hosted on that domain, web forwarding, email services or email accounts used by that domain name. Any web files also within that domain (if a website exists on that domain) will be removed with no need for us to make any backups.

At our sole discretion we may manually renew the domain name even if no payment has been made before the expiry date if we believe that there is a genuine reason for you not to have paid us beforehand. If we do renew the domain name (unless you have already specifically instructed us not to renew the domain name in writing) then you will be liable for the charges that we have incurred for renewing the domain on your behalf.

The Hosting Service

Hosting packages are offered by us in good faith. However, we accept no liability for any loss of data that may be stored on our servers. We do reserve the right to suspend, or cancel any hosting account that may have been inappropriately used. You represent and warrant that the hosting services provided by us in connection with your service, website or domain name will not be used for any unlawful purposes including but not limited to:

You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory. You should ensure that all web applications and scripts that you run on our servers that send email are adequately protected from malicious abuse, both from website visitors, remote submission, and automated spam programs. 5150 Design reserves the right to delete any file on our network where we believe that said file or files are not permitted under these Terms and Conditions.

If for some reason your website(s) start exceeding the hosting package that you have purchased, you will be informed of this, and then given the opportunity to upgrade your hosting package to meet its current demands by being able to purchase further hosting space, bandwidth, or resources at rates that will be applicable at that time. Should you not wish to do this, then we fully reserve the right to suspend your hosting account with no notice to yourself, and no legal requirement for compensation on our part towards you.

Conducting your account

Any services used by you, or representatives of you, must be over 18 years of age. You must take all reasonable steps and precautions to ensure that your username and/or password is secure at all times, including any access codes that you may need to access CPanel, or your client area. Furthermore you must not disclose any confidential information that may be exchanged between us, either in connection with your account, hosting services, or any other services that you have agreed to with us. If for any reason your hosting account is disabled by us, because you may have illegal use, or because you have failed to observe the terms and conditions of hosting with us, then we will not be obligated in any way whatsoever to make any refunds for any of the services that you have purchased from us.

All clients are solely responsible for ensuring that all scripts, or software installed by them (including any that may be available within your CPanel) are patched and kept up to date. This includes, but is not limited to:

Please note: Running out of date scripts on any website puts your site at risk of being hacked, or compromised. We strongly suggest that you keep any software installations that may be running within your hosting package, secure and up to date for your benefit, as well as others!

Email and Spam

As responsible hosting providers 5150 Design follows a zero tolerance policy towards abuse of email services, including spam. You therefore guarantee that all email accounts, and emails sent using our hosting services are:

5150 Design reserves the right to terminate or suspend services and accounts where it has been clearly identified that there has been an issue relating to the use of any email account on our hosting services.

Billing and Payments

All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of provision of the Services. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment. Payment is due each anniversary year following the date the Services were established until closure notice is given in writing. 5150 Design uses a paperless billing system, whereby invoices are sent as generated PDF's, as attachments to any communications sent from us to you. It is your responsibility to ensure that we have the correct email address for you at all times that we can contact you on, and if your email address should change, it is your sole responsibility to update this information with us via email.

Your hosting services account will be suspended if you fail to pay any invoice on time. Invoices are raised 28 days prior to your account renewals, including hosting, domain names, etc. You should ensure that payments are made promptly to avoid any disruptions to your services we provide for you, and if for some reason you have not paid any charges due at least 7 days prior to domain renewals, we may at our sole discretion, not renew the domain name. If you do not make payments within 15 days of the due date of any service expiry date, we reserve the rights to suspend your services without warning, and we may at our discretion, remove any files, data, or stop any services as being provided still at that time, on your hosting account.

IMPORTANT: Once the domain name has expired services relating to this domain will stop working. If payments have lapsed and the account goes into suspension, then any files that are removed from the servers may be lost, and we are not liable in any way for data loss in any circumstances whatsoever.

If your account is suspended due to a billing issue then we reserve the right to charge you an administration fee of up to $150.00 to re-instate your account. This fee does not cover any domain name fees that we have no control over, and these also may be added, if the domain name has lapsed, or gone beyond its renewal date. If any payments are returned to us as "unpaid" then we reserve the right to charge you an administration fee of up to $25.00, plus any additional bank charges as may have been incurred by us.

Service Availability:

5150 Design makes reasonable efforts to make available to you at all times the Servers and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Services. We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.

Termination and Refunds:

5150 Design shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you if you:

Cancellation of Contract:

If you are a 'consumer', you may have a right to cancel this contract under the Consumer Protection Act or similar laws amending or replacing it. The right must be claimed in writing within seven working days of the start of the services with 5150 Design. Upon cancellation, access to services supplied by 5150 Design will be removed, and any account or services will be terminated and files or content, including web files and email will be deleted. Once this is complete any monies paid to us will be returned to the consumer within 30 days (excluding domain name registration fees, any setup fees, any promotional fees).

Indemnity:

You shall indemnify 5150 Design and it's agents and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Servers including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

You furthermore agree that you as our customer, are solely responsible for any content stored on our servers, either uploaded by yourself, or by your appointed representatives, or by failure to secure your username and password credentials.

Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 5150 DESIGN OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF INTERRUPTION IN SERVICE OR THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, 5150 DESIGN’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES PAID FOR THE SERVICES (IF ANY) WHICH ARE THE SUBJECT OF ANY SUCH CLAIM, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF 5150 DESIGNTO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE.

IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETION.

Applicable Law and Dispute:

This Agreement and all matters arising from it are governed by and construed in accordance with the laws of the state of Florida whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be The United States of America, state of Florida.

Entire Agreement:

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement./p>

Failure to enforce these Terms and Conditions and related Polices in every instance does not amount to a waiver of 5150 Design's rights.

Changes to these web hosting terms

5150 Design and their server providers reserves the right to add, delete, or modify any provision of these 'Web Hosting Terms' at any time without notice. Failure to receive notification of a change does not make those changes invalid.

Questions Regarding This Terms of Service Statement

If you have questions about this Terms of Service Statement, please contact our Policy Administrator via e-mail at info@5150design.net.