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Terms of Services

 

Where the content states: "We" includes Host A One or any party acting on Host A One's implicit instructions. "You" or "Reseller" includes the person purchasing the services and/or any party acting on the customer's instructions. "Member" includes the purchaser of services and/or any party acting on the purchaser's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" refers to the relevant domain names Registry. "Server" means the computer server equipment in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. "TOS" includes this agreement. Host A One reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: http://www.hostaone.com/ourterms.php. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:


By using any portion of Host A One's service, you are agreeing to this service agreement on this document entirely.

1. Domain Names & SSL Certificates

1.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.

1.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.

1.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

1.4 We shall not release any domain to another provider unless full payment for that domain has been received by us.
1.5 Host A One reserves the right to revoke or refuse an SSL certificate with or without prior notice

1.6 Host A One reserves the right to increase/decrease our SSL prices at anytime with or without prior notice

1.7 Host A One reserves the right to provide the customer with another equivalent SSL certificate should the advertise one not be available

1.8 Host A One provides no warranties or guarantees on the nature and functionality of the certificates.

1.9 Host A One does not provide technical support for SSL certficates apart from installing it for you.

1.10 SSL certificates issued free of charge because it was part of your package can be used on either Host A One servers or another website not hosted by us. The choice is up to the customer. The SSL cert will be revoked if the hosting account is canceled unless the customer begins paying for the certificate at our advertised prices.

1.11 SSL Certificates & Free domains can only be received after successful payment and after our money back guarantee period has ended.

1.12 Host A One reserves the right to charge an administration fee of upto 12% for the handling of adding funds to the domain reseller account.

2. Shared Hosting Account

2.1 Customer may not resell space in their account. Personal accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. This includes email services, cgi scripts, mySql services Web hosting services are defined as allowing a separate, third party to host content on the owner\'s web site. Exceptions to this include ad banners, classified ads, and personal ads. Should customer wish to host materials for companies that are not under direct control of customer, arrangements should be made by opening a ticket with our billing team at http://Support.Host A One.com.

Failure to comply with this is grounds for immediate suspension of account until such time as the issue is resolved. Unauthorized Reselling or Providing Access Personal Account Services such as offering email services and accompanying features for use by individuals outside of the required use on your own account; the reselling or giving away of CGI and other scripts installed on Host A One Servers; or providing access codes to individuals not authorized to receive such materials as necessary for the running of your website or account.

3. Use of services

3.1 Excessive CPU, Bandwidh or Disk Space Usage has the ability to compromise our shared hosting environment. This is the result of using the system in a manner that encumbers disk space, processors or other system resources beyond the allowances of your specific plan type and to the degree that your usage compromises the hosting accounts of our other customers.

3.2 Excessive resource usage - cgi scripts or other executable code that consumes an undue amount of CPU time [defined dynamically by Host A One at will] will be reprioritized if possible, or we will ask you to discontinue its use either permanently or the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operator of the offending executable will be considered as server abuse. Host A One reserves the right to terminate any process which it deems to be using excessive resource usage.

3.3 Background processes - background process [that is, application or utilities that are started from within an interactive shell login, and set to run permanently in the background on a server] are not to be initiated without prior arrangement with use. We reserve the right to examine all code before it is run on the server. Running of background processes without prior arrangement in and confirmation in writing from Host A One is server abuse.

3.4 Compiling - User rights to access compiler software is available upon request and arrangement. Once again, we choose to examine any code that is compiled and executed from our hardware. If you need access to the CP compiler, please contact us describing your need for access. Compiling without prior arrangement and written confirmation is server abuse.

3.5 Mailing Lists - Host A One has allocated tools to ensure proper delivery of opt-in opt-out mailing lists and normal email. It is important that you use these tools accordingly. All full packages include access to the pre-installed Mailman Mailing List Software. Large mailing lists, (those exceeding 500 subscribers) sent using the Host A One Services, must be sent using the mailing list tools that have been pre-installed for this purpose. If your mailing list exceeds 1,500 addresses you should contact Host A One requesting permission to send the mailing through the Host A One servers prior to sending any messages. Sending a large mailing through mailing list software other than Host A One pre-installed software can adversely affect the flow of email. Should such a large mailing disrupt normal services or create unacceptable server loads, the account associated with the mailing risks termination.

3.5a Mailing lists operated on Host A One servers must be double opt-in with specific clear instructions in order to opt-out

3.6 Pornography - Host A One prohibits the storage and transmission (inbound and outbound) of pornography with the exception of softcore erotic art. Written permission must be obtained before any pornographic material is stored and/or transmitted through Host A One servers.

3.7 Copyright software, Warez, destructive applications, copyright media, proprietary computer information and hacking & cracking sites are strictly prohibited on any portion of our services and network. Customers storing & transmitting (inbound and outbound) files that violate copyright or other federal laws are grounds for instant termination of service.

3.7a Warez Sites are sites that are typically used by "hackers" to trade (upload/download) illegally pirated copies of software programs with one another. Host A One Hosting has a zero-tolerance policy on all Warez Sites. Sites that become a trading post for "warez" programs will be reported to any and all regulatory, administrative, and/or governmental authorities for prosecution. In addition to your account being deleted from our servers, you may face legal action that can be taken against you by the programmers/software companies of the copyrighted software.

3.8 Any incident of server abuse is grounds for immediate and unconditional account termination. Common examples of abusive practices are listed below and Host A One Hosting reserves the right of interpretation as to what constitutes abusive practices. In short - if you are unsure that your actions may be perceived as an abuse of service, contact Host A One Hosting directly to check with us before proceeding.

3.8a Ignorance of your actions and consequences does not exempt you from liability

3.8b Host A One reserves the right to financially penalise any customer violating this agreement. The amount the customer is penalised is determined by Host A One. The customer agrees to pay all financial penalties placed by Host A One in full and within 30 days.

3.9 Email abuse - Unsolicited Commercial Email ['Spam'] is implicitly forbidden. This is considered server abused and is grounds for immediate termination.

3.10 Trafficking of illegal content - in the same way that storing illegal content on your account is banned, likewise is the utilization of your account to traffic illegal content, by any means or method, it must not reside on nor pass through a Host A One servers.

3.11 IRC sessions - Using Host A One Hosting servers to run an Internet Relay Chat [IRC] session is grounds for immediate termination. This includes the use of BNC and other redirection servers to indicate a source address on any Host A One Hosting server. Running IRC from our servers makes them targets for attack. Don't run IRC sessions, IRC bots, IRC servers or IRC proxies. IRCs, Chat Rooms, MUDs, etc. Also software used in the maintaining of an IRC connection (daemons), 'bouncers', 'eggdrops' and the like are strictly prohibited.We will give no warning before terminating this activity and the account responsible.

3.12 Hacking / Denial of Service - Network activity that constitutes an attack on any internet host from a Host A One is grounds for immediate termination of likely prosecution.

3.13 Host A One prohibits any portion of its services to be resold without charge. This includes but not limited to: entire hosting accounts, email services, scripts, FTP accounts, MySQL databases, applications, licenses, webspace and bandwidth (this includes image hosting and file/data hosting services, either free or subscription/fee based).

3.13a Host A One prohibits the use of any portion of our systems to be used primarily to serve file download services.

3.13b Proxy websites and similar are prohibited.

3.14 Any reselling of Host A One services is prohibited unless clearly stated otherwise. Portions of a cPanel shared account may not be resold under any circumstances. Only resources in WebHostManager may be resold under a reseller agreement (i.e. with the purchase of a reseller package).

3.15 Host A One backs up data for its own use and disaster recovery. The customer is encouraged to make their own backups. Customers may request 1 free restore per month. Host A One makes it backups to an offsite location. We do not make any guarantees on the integrity and reliability of the backups.

3.15a Host A One reserves the right to disable backups being performed on cPanel accounts larger than 4GB. You are responsible for monitoring your total cPanel account file space usage

3.16 Host A One guarantees a 99.9% server uptime to shared hosting customers (including reseller customers). The following credit schedule applies:

99.5 - 99.89 = 70% service credit
99.0 - 99.49 = 80% service credit
98 - 99 = 90% service credit
97.99 - 95.00 = 100% service credit

3.16a Customers claiming credit under our uptime guarantee must do so by opening a ticket within 72 hours of the incident with their username, main account domain and PayPal subscription ID or latest order number if you are paying by credit card. All requests after 72 hours of the downtime incident happening will be void.
3.16b Uptime guarantee and crediting schedule do not apply to subaccounts created by resellers and VPS customers.

3.17 Host A One guarantees a 99.9% network uptime guarantee to VPS customers. Conditions in section 3.16a apply and the crediting policy set in 3.16 of this agreement also apply to this condition.

3.18 Host A One has the final say and will determine the uptime of our servers and will base its uptime on our own monitoring systems. External monitoring statistics set up by customers will not be considered as evidence of uptime/dowtime.

3.19 Only one promotion can be used when ordering. Multiple promotions cannot be combined together and used together. Only one promotion per paying account. Host A One reserves the right to refuse a promotion to a customer.

3.19a Host A One reserves the right to revoke a promotion already being used or a new promotion introduced with or without prior notice

3.19b Host A One reserves the right to reduce the advertised time of the promotion running time with or without prior notice

3.20 Customers wishing to take advantage of our "free migration from your old host" are limited to 25 free migrations from cPanel to cPanel servers. After the 25 initial migrations, the user is responsible to the transferring of files. Users should note that they are free to upload full cPanel backup files to our systems for us to restore. In which case we can restore up to 250 sites free of charge.

3.21 Host A One reserves the right to delay provisioning of bundled account features (i.e. RapidSSL, WHMCS License, Legal Documents, Web Templates) until the customer has paid for their next hosting account renewal.

3.3 Host A One reserves the right to suspend in part, or in full accounts that have exceeded their allocated webspace/bandwidth.

3.3.1 You agree and understand that Host A One will charge you for any resources used in excess of your purchased allocated amount at the rate of $2.50 per GB (rounded up to the nearest GB) for each GB of either webspace or bandwidth that has been utilised which was not part of your purchased allocated resources.

4.0 Reseller, VPS & Dedicated Servers

4.1 The customer is liable and responsible for all actions of their account and subaccounts created by the reseller/VPS customer. As the customer you agree to accept all responsibility and liability for your actions and the actions of your subusers either directly or indirectly.

4.2 Terms of Service violations as a result of a subuser account being exploited with or without knowledge will be the responsibility of the reseller/VPS account holder.

4.2a Customers are responsible for the content of the accounts they create. If those accounts are hacked/abused, the reseller will be accountable for all costs and liability.

4.3 Account holder agrees to actively monitor their subaccounts to ensure all subaccounts and their own account are abiding by all of Host A One's policies and Terms Of Service

4.4 The legal liability and legal responsibility of the subaccounts of the reseller/VPS belongs to the customer.

4.5 Host A One reserves the right to financially charge the customer for any contract violation.

4.6 If an IP assigned to a VPS/Server client is blocked and/or blacklisted, Host A One will impose a non-negotiable $100.00 penalty fee payable within 24hrs. Host A One reserves the right to take further action should this bill remain unpaid.

4.7 Resellers are responsible for ensuring that the domain they choose upon sign up is the domain they wish to use. If the reseller requests to have the domain name of the main reseller account changed, a $25.00 one-time admin fee is charged.

5.0 Payment and Bills

5.0a All accounts are set-up on a pre-pay basis only

5.1 All invoices are due on the date stated on the issued invoice(s). Host A One reserves the right de-activate/suspend your hosting account should the invoice not be paid on the stated due date.

5.1a Host A One reserves the right to charge a 25% late fee of the total invoice value for any account that has not been paid in full on due date stated on the invoice.

5.1b Host A One may at its own discretion provide a grace period to customers with an overdue invoice. The grace period will be determined by Host A One. Host A One may not inform the customer of the grace period.

5.2 Host A One will suspend your account if outstanding bills have not been paid by the stated due date on the issued invoice(s).

5.2a If after 7 days outstanding bills owed to Host A One have not been paid in full and no further credit arrangements have been made, Host A One will terminate all hosting accounts and deactivate all other services purchased through Host A One until all owed amounts have been paid in full.

5.2b Accounts will continue to accumulate invoices and further charges until the customer informs Host A One of its intentions to cancel the account in accordance with the cancellation procedures set out in section 6 of the terms of service. The customer is obligated and responsible for paying for all accumulated charges.

5.3 After account suspension, Host A One will not provide you with any account backups unless the full outstanding bill has been paid in full before backups are deleted.

5.4 Host A One reserves the right to impose a re-activation fee for accounts that have been suspended

5.5 Host A One reserves the right to impose a late fee for circumstances where your bill has not been paid in full and on time

5.6 If you have a credit card on file, you authorise Host A One to automatically charge the card upon due date.

5.7 If you have a credit card on file, but your primary method of payment is not credit card, and your account is overdue, you authorise Host A One to charge the credit card it has on file.

5.8 If overdue accounts remain unpaid for a period of 30 days, Host A One may pass your details to a 3rd party debt collection company or sell the debt. In such cases, Host A One will impose a $150.00 collections & administration fee.

6.0 Refunds & Cancellations

6.1 You can only cancel your account by opening a support ticket with our billing department supplying your: Main account domain, username, password, subscription number or latest order number

6.1a If you do not cancel using the procedures set in section 6.1, your account will not be canceled and will be subject to charges

6.1.1 You must notify Host A One at least 7 days before your next billing due date

6.1.2 If you do not notify Host A One at least 7 days before your next billing date with your intent to cancel, you will be charged for any subsequent months where the cancellation notice has not been provided to Host A One at least 7 days before the due date.

6.2 Accounts canceled under our 30 day money back guarantee are subject to a full refund for the hosting account only (less any additional fees), UNLESS the account was purchased under a special promotion held by Host A One.

6.2a Accounts purchased under any Host A One promotion (with our without coupon code) are EXCLUDED from the 30 day money back guarantee.

6.2b We reserve the right to reject any refund request.

6.2c Only shared & reseller hosting is liable for refund.

6.3 If you have violated our Terms of Service, the 30 day money back guarantee no longer applies to you

6.4 Domains, SSL certificates, IP addresses and any additional services ordered are not governed by our 30 day money back guarantee

6.5 If you are requesting credit under our 100% uptime guarantee (i.e. we did not provide you with 100% uptime), then the request must be submitted within 72 hours of the incident happening. Otherwise the request will be void.

6.6 You must allow up to 30 days for credit and refunds to be processed and applied to your account

6.7 If you have paid yearly for your account but cancel while having unused months not yet paid for, the remaining unused amounts will not be refunded. Customers have 30 days to request a refund regardless of how many days, weeks, months or years you have paid for.

6.8 If you are using our domain reseller account services, and cancel your account, the domain reseller account will be suspended and any funds loaded in the domain reseller will be forfeited. Any domains in the domain reseller will also be forfeited. The customer is thus responsible for transferring any domains away from our domain reseller before terminating an account with us.

7.0 Supplementary Policies

7.1 By accepting this terms of service you hereby declare you are aware of these policies, have read them in their entirety and agree to abide by all conditions set in the policies.

7.2 By accepting this terms of service, you declare that you understand the policies may be changed at anytime with and/or without notice.

7.3 By accepting this terms of service, you declare that you understand it is the responsibility of 'you' to check for updates and ensure you are not violating any of the supplementary policies.

8.0 Contract

8.1 Host A One reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of Host A One Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service). Please check back regularly for any updates.

 

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