Full payment is required before hosting account will be activated or reactivated. adHOSTED preferred method of payment is PayPal.
You also agree that adHOSTED may automatically charge your account for any subsequent renewal term, additional services, and any related Fees or expenses applicable to Your Services or Your Website, including but not limited to fees for excessive bandwidth use or other surcharges for services in excess of those included within Your Services or Your Web Site, without further authorization from you.
Incomplete, incorrect or questionable signup information can result in an account NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.
If we are unable to process a payment for your hosting plan by its due date, your account will be cancelled for non-payment and you will not be able to access your Web site or e-mail.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government authorities, credit reporting services, financial institutions and credit card companies. In these situations, you shall have waived any and all rights to privacy.
If an account is cancelled by adHOSTED due to a violation of our Terms, there will be no refund issued. All monetary transactions are in United States dollars only. adHOSTED reserves the right to change prices at any time. This also applies to existing and new accounts.
When an account is cancelled, all copies of the Web site and e-mail files are permanently and irretrievably removed from our servers.
If you cancel your account for any reason, we will issue you a pro-rata refund for any unused months you have prepaid. In most cases, we will process refunds using the same form of payment that was originally used to pay for the service being refunded.
If we determine that your site is using too much of the server's resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us and implement a plan to get that domain activated again. We are quick to suspend any domain that abuses the server's resources due to the shared nature of the server and the negative impact an abusing domain has on other domains residing on the same server.
We do not allow mass email marketing or free email businesses sites on our servers. We reserve the right to shutdown such sites, that we consider harmful to the server's performance.
adHOSTED has zero tolerance for spamming. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the adHOSTED network, by customers or any other users of the adHOSTED network (including customers' customers); AND/OR over ANY network- if the message sent advertises or mentions a site hosted on the adHOSTED server.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an adHOSTED email address or web site URL is prohibited. The use of adHOSTED servers as a mail drop for responses to activities described above is also prohibited.
If your actions have caused adHOSTED servers or IP Addresses to be placed on ANY blackhole lists and other mail filtering software systems used by ISP's and Web Hosting companies around the world, you will be assessed a $1000 USD charge to your account and $100 USD per hour for administrative charges incurred to remove and clean up our servers and/or IP Addresses.
If your domain is involved in spamming activities, and your account is subsequently terminated, then you do not have the right for a refund. This also includes if you have paid for additional services, such as installations of software or IP addresses.
All services provided by adHOSTED.com may be used for lawful purposes only. Client agrees that web pages and files uploaded to servers will not violate any province, federal or foreign laws or regulations; infringe on any intellectual property rights of adHOSTED.com or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to adHOSTED.com or any third party. The subscriber agrees to indemnify and hold harmless adHOSTED.com from any claims resulting from the use of the service which damages the subscriber or any other party.
Unsolicited emailing, newsgroup spamming, child porn or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, any site with adult-oriented content, including but not limited to any pornographic material are prohibited on all adHOSTED.com servers. Links to such materials are also prohibited. adHOSTED.com will be the sole arbiter in determining violations of this provision.
adHOSTED.com offers a generous amount of data transfer per month. Sites that use over the given limit in 30 days will automatically be suspended until the cycle is reset. You can upgrade your plan within three (3) days of the end of the month to avoid bandwidth overages. Again, 99% of the sites do not fall into this category and never reach our traffic limits.
We perform routine daily backups of all users' data. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. All user's are encouraged to perform their own daily backups of their web content. If a user experiences data loss due to their own doing or lack of securing their own account, adHOSTED.com will attempt to recover the data from the most recent archive for a $100 data restoration fee.
- We cannot accept any liability for downtime, interruptions of service, loss of business, breach of security or inadvertent access to your private data.
- We cannot accept any liability for our response to a legal requirement or court order. Furthermore, there are some circumstances where adHOSTED must use its best judgment on how to respond to opposing legal viewpoints. In such instances, we cannot accept any liability where our judgment is ultimately wrong.
- YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT. IN NO EVENT SHALL ADHOSTED, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE NETWORK, SYSTEMS, TOOLS, SOFTWARE OR THE SERVICES PROVIDED HEREUNDER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OTHERWISE FOR ANY SUCH CLAIM. ADHOSTED DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING THE ADHOSTED SERVICES, AND ADHOSTED WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES. ADHOSTED SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. THE TOTAL LIABILITY OF ADHOSTED TO SUBSCRIBER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO ADHOSTED BY SUBSCRIBER UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM AROSE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY ADHOSTED HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK.
ADHOSTED AND ITS CONTENT ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. ADHOSTED MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER THAT THE SERVICES AND ADHOSTED'S SYSTEMS WILL BE UNINTERRUPTED, ALWAYS ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL MEMBERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH ADHOSTED IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY ADHOSTED.
User agree that user shall fully defend and indemnify adHOSTED, including its employees, officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, any of its affiliates, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys' fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, arising out of or relating to: (a) any violation or breach by User of any term, representation or warranty, or policy of this Agreement; (b) User's unlawful or improper use of the Services; (c) any damages caused to adHOSTED's systems by the User's Content; (d) any actual or alleged violation of any Proprietary Rights or non-proprietary rights (including, but not limited to, defamation, libel, rights of privacy or publicity) by User Content.
adHOSTED shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control, including but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), war, civil disturbances, labor disputes, embargoes, disruption of telecommunications, power or other essential services, or interruption or termination of service by the service provider being used by adHOSTED to link its servers to the Internet, or any malicious or unlawful acts of any third party.