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55host.net
agrees to provide and furnish services to the subscriber, subject to
the following Terms of Service (TOS). Use of the 55host.net service
constitutes acceptance and agreement to both our Acceptable Use
Policy (AUP) and our Terms of Service (TOS).
All provisions detailed in this contract are subject to the provided
Terms of Service (TOS) and Acceptable Use Policy (AUP). We reserve
the right to make changes
to the provided Terms of Service (TOS) or Acceptable Use Policy (AUP)
as needed, without notice to our clients. Changes made to our TOS or
AUP does not
constitute early contract termination or non-payment.
1. Delivery of Services and Terms
1.1 Delivery of Services
Customer agrees to pay 55host.net the fees charged by 55host.net for
(i) the Service(s) during the Initial Term and for any Renewal Term,
and (ii) certain
limited services and equipment needed by Customer on a "one-off" or
emergency basis ("Supplemental Services") where such services are
not included within the
scope of the Services as described in the Order Form(s). Customer
agrees to pay 55host.net the fees charged by 55host.net for
Supplemental Services,
and hereby authorizes 55host.net to perform such services on its
behalf. All supplemental services are provided on an 'as is' basis
and exclude warranties of
any kind, whether express or implied in accordance with 55host.net's
current policies and prices.
1.2 Term
(a )Term Commencement. The term for each Service will commence on
the Service Commencement Date.
(b) Renewal Term(s). Upon expiration of the Initial Term, the term
shall be extended automatically for a period of thirty (30) days
("Renewal Term"), unless and until
either party gives the other no less than thirty (30) days' written
notice of a termination. The termination of any Service will not
affect Customer's obligations to pay
for other Service(s). This is not applicable to domain name
registration.
2. Fees and Payment Terms
2.1 Fees and Expenses
Customer will pay all fees due according to the prices and terms
listed in the Order Form(s) and all other fees incurred by Customer
related to Supplemental
Services, Professional Services, reinstatement of service fees and
fees for switching or upgrading servers, all in accordance with then
current 55host.net
prices and policies.
2.2 Payment Terms
On the Service Commencement Date for each Service, Customer will be
billed (the "Initial Bill") an amount equal to (i) all non-recurring
charges indicated in the Order
Form(s) and (ii) the monthly recurring charges for the first month
of the term prorated for the number of calendar days remaining in
such month. Subsequent monthly
billing will occur on the first day of each calendar month of the
term. Monthly recurring charges for all months will be billed (the
"Recurring Bill") in advance of the
provision of Services. If you cancel your paypal subscription your
hosting will also be canceled. All other charges for Services
received and expenses incurred for
Supplemental or Professional Services during a month (e.g.,
bandwidth usage fees) will either be billed immediately or at the
end of the month in which the Services
were provided. Payment for all fees is due upon receipt of each
55host.net invoice. All payments will be made in U.S. Dollars.
Notwithstanding anything to the
contrary in this Agreement, 55host.net expressly reserves the right
to alter, change or amend its billing practices in its sole
discretion, including, but not limited
to, the date on which such billing will occur and the types of
charges that will be included in such bills.
2.3 Suspensions and Termination
Any payment not received within seven (7) days of the invoice date
of the Initial Bill, 55host.net reserved the right to suspend the
account or terminate service
without any notice.
2.4 Account Cancellations
Account cancellations must be made at least 7 days in advance via
e-mail with all customer details (i.e. billing & account). Any
missing information may delay the
cancellation of your account. 55host.net will not be responsible for
additional charges made if missing data is found.
3. Intellectual Property Ownership
This Agreement does not transfer from 55host.net to Customer any
55host.net Technology, and all right, title and interest in and to
55host.net
Technology will remain solely with 55host.net. This Agreement does
not transfer from Customer to 55host.net any Customer Technology,
and all right, title
and interest in and to Customer Technology will remain solely with
Customer. 55host.net and Customer each agree that it will not,
directly or indirectly, reverse
engineer, decompose, disassemble or otherwise attempt to derive
source code or other trade secrets from the other party and/or its
third party vendors.
4. Limited Warranties
4.1 Limitation
Each of the guarantees in the Order Form(s) is null and void if
Customer fails to follow 55host.net's AUP and other policies or
otherwise breaches the
Agreement in any respect.
4.2 No Other Warranty
55host.net does not monitor or exercise control over the content of
the information transmitted through its facilities. Use of the
services or any information that
may be obtained there from at customer's own risk. The services are
provided on an 'as is' basis, and customer's use of the services at
its own risk. Except as
provided in the order form(s), 55host.net does not make, and hereby
disclaims, any and all other express and/or implied warranties,
including, but not limited to,
warranties of merchantability, fitness for a particular purpose,
non-infringement and title, and any warranties arising from a course
of dealing, usage or trade
practice. 55host.net does not warrant that the services will be
uninterrupted, error-free or completely secure.
4.3 Disclaimer of Actions Caused by and/or Under the Control of
Third Parties
55host.net does not and cannot control the flow of information to or
from 55host.net network and other portions of the Internet. Such
flow depends in
large part on the performance of Internet services provided or
controlled by third parties. At times, actions or inactions of such
third parties can impair or disrupt
customer's connections to the Internet (or portions thereof).
55host.net cannot guarantee that such events will not occur.
Accordingly 55host.net
disclaims any and all liability resulting from or related to such
events.
5. Customer Obligations
5.1 Warranties of Customer
(a) General. Customer represents and warrants that (i) Customer is
at least eighteen (18) years of age; (ii) Customer possesses the
legal right and ability to enter
into this Agreement, and (iii) the performance of its obligations
and use of the Services (by Customer, its customers and users) will
not violate any applicable laws,
regulations or the Rules and Regulations or cause a breach of any
agreements with any third parties or unreasonably interfere with
other 55host.net
customers' use of 55host.net services. Customer assumes all risks
related to processing of transactions related to electronic
commerce.
(b) Breach of Warranties. In the event of any breach of any of the
foregoing warranties, in addition to any other remedies available at
law or in equity,
55host.net will have the right, in its sole discretion, to suspend
or terminate immediately any Services.
5.2 Server and system abuse (Only applicable to Shared Hosting,
Reseller Hosting accounts)
Customer is prohibited to run any process that requires more than 10
times of other users' average server resources for 60 minutes or
causing the server unstable.
Any attempts to undermine or cause harm to a 55host.net server, or
any customer of 55host.net is strictly prohibited. Any sub-networks
of
55host.net, and all dedicated servers, must adhere to the above
policies. Failures to meet, or follow any of the above guidelines,
are grounds for account
deactivation. We reserve the right to remove any account without
prior notice, if we have reason to believe that any of the terms
outlined in this Agreement, are
violated. Php scripts that would cause this kind of service
interruption for example are torrent flux scripts and a script
called rapid leech or chat boxes. Also proxy's
and streaming movie, music or video sites are not allowed,
55host.net also prohibits file storing and upload sites and
providing free hosting. If this is found
accounts will be suspended until client agrees to remove the
material. Having php shells will result in suspension. An account
cannot consume more then 10% of server resources. We also do not
warez sites. Sites we find breaking this rule will be terminated.
6. Limitations of Liability
IN NO EVENT SHALL 55host.net BE LIABLE FOR DAMAGES RESULTING FROM
LOSS OF DATA, PROFITS, USE OF THE 55host.net SITE OR ANY
55host.net SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN
CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO
EVENT SHALL 55host.net'S CUMULATIVE LIABILITY EXCEED AN AMOUNT
GREATER THAT THE CLIENTS ASSOCIATED HOSTING FEE (LESS SET-UP FEES,
DOMAIN REGISTRATION, AND OVERAGES).
7. Indemnification
You agree to indemnify, defend, and hold harmless 55host.net from
any and all liabilities, penalties, losses, damages, costs,
expenses, attorneys' fees, causes
of action and/or claims caused by or resulting indirectly from your
use our services.
8. Termination
8.1 Termination without Cause during Renewal Term
This Agreement may be terminated by either party at any time during
any Renewal Term for any or no reason upon either party giving to
the other no less than thirty
(30) days' prior written notice of termination. No matter which
party terminates the Agreement pursuant to this Section 8.1, any and
all payment obligations of
Customer under this Agreement for Service(s) provided through the
date of termination will immediately become due, and Customer shall
be required to prepay for
any portion of the Services that have not been paid for and are to
be rendered during such thirty (30) day period. 55host.net may
terminate the service by
providing fourteen (14) days notice to customer.
8.2 Termination for Cause
In addition to any other rights it may have under this Agreement or
applicable law, 55host.net may immediately terminate this Agreement
or suspend service,
effective without notice, in the event of (i) Non-payment of
services within 7 days of invoice date, or (ii) Customer's breach or
failure to comply with any other
obligation of Customer under this Agreement including, but not
limited to, its failure to comply with any of the terms of the AUP
or other policies of 55host.net.
Customer may terminate this Agreement if 55host.net breaches any
material term or condition of this Agreement and fails to cure such
breach within ten (10)
days after receipt of written notice of same. If this Agreement is
terminated by 55host.net under this Section 8.2, all remaining
monthly recurring and other
charges specified on the applicable Order Form(s) for the balance of
the then current term shall immediately become due and payable. In
addition to the foregoing,
55host.net reserves the right to prohibit any conduct or to remove
any materials or content in violation of the Rules and Regulations
or which 55host.net
believes in its sole discretion to be illegal or potentially harmful
to others or may expose 55host.net to harm or liability.
9. Cancellation and Refunds
9.1 Cancellation
55host.net reserves the right to cancel the account at any time.
Customers may cancel at any time. Money back guarantee only
applicable to those products and services that specified with this
offer. Any other products or
services with no specification in money back guarantee are not
entitling to any money back or refund. Under the money back
guarantee, only first-time accounts are
eligible for a refund. For example, if you've had an account with us
before, cancelled and signed up again, you will not be eligible for
a refund. This is to protect our
refund guarantee from being abused. 55host.net reserved the right to
determine the definition of first-time account.
9.2 Refunds
55host.net Networks reserves the right to not refund a customer.
55host.net Networks does not refund for any products. Refunds cannot
be given for
paypal subscriptions or recurring payments not being cancelled. The
customer must remember to cancel the recurring payment. 55host.net
also does not
refund for a customer not being satisfied and wanting a refund. To
take our 15 day back money guarantee offer you must cancel within 48
hours of the guarantee. We cannot refund any account add ons. Dedicated Servers and VPS Hosting does
not come with a money back guarantee. No refunds will be given on
dedicated servers and vps servers, Please note this.
10. Downtime
Is defined as any 55host.net scheduled interruption of Services, for
the purpose of network upgrades, or replacement of any equipment in
order to provide for
you better service. Scheduled downtime occurs during notified
downtime periods, with as much advance warning as possible via
e-mail with a minimum of 24 hours
notice. 55host is also not responsible for data center outages.
11. Disclaimer of Warranty
THE SERVICES, THE 55host.net SITE, INCLUDING WITHOUT LIMITATION, ALL
PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE 55host.net
SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO
CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND.
55host.netDISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT
TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, 55host.net SPECIFICALLY DISCLAIMS ANY
WARRANTY THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES
OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS
EMPLOYED WILL BE SUFFICIENT. OUR 1 HOUR RESPONSE TIME GUARANTEE ONLY
APPLIES IF THE OPERATOR SHOWED UP FOR THEIR SHIFT. IF NO OPERATOR
SHOWED UP FOR THEIR SHIFT, THEN THE 1 HOUR RESPONSE TIME GUARANTEE
DOES NOT APPLY.
12. Terms of Service Changes
55host.net reserves the right to change the terms set forth to our
clients at any time, without any form of notice to our clients,
non-clients, or general public. At
all times customers are bound to the terms set forth. In no event
shall 55host.net or its Staffs' lack of enforcement of these terms
constitute a waiver of these
terms at any time.
13. Illegal Files/Phishers
Please note that 55host.net does not allow illegal files on our
servers such as phishers and more. If these files are found by us on
our servers they will be
deleted and account suspended. If you are from the government please
note that we take no responsibility for our clients and their
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