Important Information
You should carefully read the following Terms and Conditions. Your purchase or use of our products implies that you have read and accepted these Terms and Conditions of Use.
This document and/or agreement represents the complete agreement and understanding between HostPrepaid.com and the account holder (hereinafter referred to as the customer) and supersedes any other written or oral agreement. Upon notice published online via HostPrepaid.com services, HostPrepaid may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered without prior consent of existing or prospective customers.
If you do not agree to these terms and conditions, please notify HostPrepaid.com via e-mail at sales@hostprepaid.com. Use of your account shall constitute your acceptance of this Agreement.
License
HostPrepaid grants you non-exclusive limited license to use your domain names, websites customized and designed for you as well as other products sold through our web site by independent content providers (the "products") in accordance with these Terms of Use (the "license") issued by our company.
Limited Usage Granted
You may use the websitets customized and designed by HostPrepaid on a single website only, belonging to either you or your client. You have to purchase the same account plans ("products") once more in order to make another project with the same design
Modifications
You are authorized to make any necessary modification(s) to the products to fit your purposes.
Unauthorized Use
You may not place any of the products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from our company.
Assignability
You may not sub-license, assign, or transfer this license to anyone else without prior written consent from hostprepaid.com.
Ownership
Your website is your property. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of independent content providers. Our products are provided "as is" without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.
Our company reserves the right to change or modify current Terms with no prior notice.
GENERAL / HOSTING
HostPrepaid.com makes no warranties of any kind, whether expressed or implied, for the service it is providing. HostPrepaid.com also disclaims any warranty of merchantability or fitness for a particular purpose. HostPrepaid.com will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.
Customer agrees to defend, hold harmless and expeditiously indemnify HostPrepaid.com from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the customer's use of the service.
Services provided to the customer by HostPrepaid.com may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. Transmission or publication of any information, data or material in violation of any federal, state, or country regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. HostPrepaid.com reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.
HostPrepaid.com accounts cannot be transferred or used by anyone other than the subscriber. Customers may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this Policy. Customer may allow FTP access to its server and host web sites for its customers without violating this Policy.
HostPrepaid.com reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis. Fees for setup and the first month's service are not refundable. If a customer re-registers after cancellation of the account without HostPrepaid.com written consent, HostPrepaid.com will cancel the customer's account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable.
There is no charge for indefinite parking of domains on HostPrepaid.com servers or to transfer to another service provider.
Domain Parking does NOT include Web Space or Virtual Hosting. You are not provided with the option to submit your own DNS entries as we are NOT a Registrar and therefore assume that you wish to obtain your hosting services directly through HostPrepaid.com.
Domain name payments are non-refundable. The 30 day money back guarantee only applies to the hosting portion of your service. Once a domain name is registered, the WHOIS database stores the information and is kept there for a period of one year, until the date of renewal. Payment will NOT be credited back.
Use of design sample templates and other layout components (photographs, commercial software, etc.) upon obtaining an account and getting free website customization and design are non-refundable. The 30 day money back guarantee only applies to the hosting portion of your service.
HostPrepaid goes out of its way to serve its clients. It will even purchase the design templates for its clients without letting the client pay. HostPrepaid purchases these said design templates and layout components from various vendors around the world to serve its clients' taste when a client avails of HostPrepaid's free website customization and design services and chooses from different designs from around the world. The client, and NOT HostPrepaid obtains and takes possession and ownership of these products and services.
It is then used as a basis and pattern when HostPrepaid customizes and designs the clients' websites. Therefore, Payment will NOT be credited back for any non-hosting product or service and expense that was incurred during the order. If client wishes to obtain a refund, the refund will be the amount based on the total payment of the order, less the cost of the acquisition of the products and services, including the domain name, graphic design website templates, and all the rest that isn't web hosting.
In the event there is a mis-spelling of a domain name, while being registered online, you as the customer must register the correct spelling of that name. There are NO refunds issued for mis-spelled domain names.
Setup fees are not refundable.
Additionally, customer agrees not to utilize the HostPrepaid.com service, equipment or email system in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or eight or more newsgroups in a single day, unless deemed acceptable on a per-case basis by HostPrepaid.com. Customers responsible for violating this clause of the HostPrepaid.com Terms of Use / Acceptable Use Policy will be fined $200 per message. Payment by customer under this provision shall not prevent HostPrepaid.com from seeking other legal remedies against said customer.
Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware") and services which send unsolicited advertisements.
HostPrepaid.com requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. HostPrepaid.com cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
Customer shall ensure that its use of HostPrepaid.com and its providers' networks and services shall not disrupt HostPrepaid.com, its associated networks or equipment forming part of the systems. In instances in which an excessive amount of system resources are utilized by a subscriber, HostPrepaid.com reserves the right to place CPU process limits on the customer's account to prevent disruption of service to other customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any HostPrepaid.com user or to any directly or indirectly attached network. Use of HostPrepaid.com and its providers' connections in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by HostPrepaid.com shall be considered a breach of this Policy and may result in cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of HostPrepaid.com and its providers' services, equipment or any site hosted on any HostPrepaid.com network.
Customer warrants that any material submitted for publication on HostPrepaid.com does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. HostPrepaid.com reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.
Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.
Use of HostPrepaid.com hosting services could involve listing subscriber's participation in relevant directories, and subscriber expressly grants permission for such listings.
Customer is subject to a surcharge in the event their account's bandwidth usage exceeds the allotted free bandwidth for that plan. Customer is responsible for charges related to bandwidth exceeding the plan's allotted data transfer.
HostPrepaid.com claims no control whatsoever over the content of the information passing through the HostPrepaid.com Web System. HostPrepaid.com makes no warranties of any kind, whether expressed or implied, for the service it is providing. HostPrepaid.com also disclaims any warranty of merchantability or fitness for a particular purpose.
HostPrepaid.com will not be responsible for any damage you suffer. This includes loss of data resulting from delays, non-deliveries, or service interruptions caused by its own negligence or your errors or omissions.
We have the right to refuse to host adult content and to remove it from our servers at any time. Further, you are not permitted to distribute material promoting hatred against individuals or groups or any content which may be deemed to be illegal according to the laws of your country of residence. We reserve the right to decline requests for web space rentals and to cancel any account at our discretion. You are also not permitted to distribute material promoting any form of network abuse (such as bulk spam mailers, sniffers, or hacking tools).
At HostPrepaid.com and its officer's discretion, access to HostPrepaid.com's Web Hosting System may be revoked at any time for abusive conduct on the system and/or the Internet and its resources as a whole. Sending spam (unsolicited email) from a domain or about a domain is considered abuse of the system and will result in the termination of your account. HostPrepaid.com and its officers are deemed as authority to define abusive conduct to the system, and definitions may periodically change or be amended to previous ones.
You may not compile or install binary files other than the ones provided on the system. We do not make C compilers available for our web clients, and the PERL binaries provided will generally *not* have networking support (for example, socket.ph, ftp.pl, etc.) However, if there is any program which you'd like added to the available system binaries or scripts please check with your sales representative to arrange approval.
You agree to indemnify and hold harmless HostPrepaid.com from any claims resulting from your use of the service which damages you or another party.
Use of any information obtained via HostPrepaid.com's Web Hosting System is at your own risk. HostPrepaid.com specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Telnet and Shell Access is strictly prohibited.
You may use ftp to access your home directory for the purpose of installing and editing your web pages as often as necessary.
These Terms and Conditions supersede all previous representations understandings or agreements and shall prevail notwithstanding and variance with terms and conditions of any order submitted.
If the disk usage, transfer limit or number of email accounts of a hosted package is exceeded, the user's account will be charged for extra bandwidth, disk space and/or email accounts according to our present pricing policy. Warning messages will be emailed to users as they exceed 80% and 90% of their package's respective bandwidth and disk space limits. Annual accounts that incur extra usage charges will be invoiced separately. If payment for extra usage is not received within two weeks of the invoice date, the expiry date of the account will be adjusted according to the amount outstanding.
Without prior notification, HostPrepaid.com reserves the right to suspend or terminate accounts, remove or modify any files which are deemed to be a threat to the functionality or existence of HostPrepaid.com's WEB HOSTING SYSTEM.
HostPrepaid.com will provide a 30 day money back guarantee of web hosting services, LESS the purchase costs of freebies that are provided to client without additional fees during the sale, including a free domain name, design layouts, and related purchased software and components such as add-ons, scripts and the like. The 30 days start from the earliest of - the day we receive the electronic order form, the day customer signs up via fax. In any case, the set-up fee, extra bandwidth, extra storage space charges and the aforementioned products and services provided clients during the sale without additional charges are not refundable.
Cancellations will NOT generate ANY refund.
Miva Merchant license keys are nonrefundable.
If any HostPrepaid.com account is generating web traffic considered unusually high, we may require the site to be placed on a Heavy User Virtual Server, and be charged accordingly, unless client makes an explicitly expresses to have the account temporarily disabled for the duration of the month and cycle. We reserve the right to make this determination at our discretion.
Use of HostPrepaid.com's Web Hosting System constitutes acceptance of these Terms and Conditions.
Illegal Use
HostPrepaid servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.
Additionally, in purchasing HostPrepaid services, all HostPrepaid customers certify that they and/or the organization they represent in procuring services from HostPrepaid are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Adult Content
Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
Security
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. HostPrepaid shall be the sole arbiter of what is considered to be a high server usage level.
Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
CGI Scripts
CGI script sharing with domains not hosted by HostPrepaid is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Chat Rooms
HostPrepaid does not allow customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, HostPrepaid provides Java chat rooms that meet most users' needs and run without hindering system performance.
Background Running Programs and Cron Jobs
HostPrepaid may allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact HostPrepaid at support@HostPrepaid.com so that we can arrange set-up.
IRC
HostPrepaid does not allow IRC or IRC bots to be operated on our servers.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, the sending of unsolicited mass email from or through a HostPrepaid server or using an email address that is maintained on a HostPrepaid machine is STRICTLY prohibited. HostPrepaid will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a web site hosted on a HostPrepaid server, or if they sell or distribute software on their web site that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension.
Server Abuse
Any attempts to undermine or cause harm to a HostPrepaid server or customer are strictly prohibited.
Software Distribution
HostPrepaid's shared web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@HostPrepaid.com to make special arrangements.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. HostPrepaid shared web hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.
Databases
Any database stored on HostPrepaid's servers shall be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account.
Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid copyright infringement notification. If you would like to notify HostPrepaid of an infringement of your copyright, the DMCA requires that you:
Actions Taken by HostPrepaid
The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. HostPrepaid will be the sole arbiter as to what constitutes a violation of the Terms of Use. HostPrepaid reserves the right to remove any account without prior notice.
When HostPrepaid becomes aware of an alleged violation of its Terms of Use, HostPrepaid will initiate an investigation. During the investigation, HostPrepaid may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, HostPrepaid may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, HostPrepaid will notify the appropriate law enforcement authorities of such violation.
HostPrepaid does not issue credits for outages incurred through service disablement resulting from Terms of Use violations.
HostPrepaid customers agree to indemnify and hold harmless HostPrepaid from any claims resulting from the use of our services that damages them or any other party. The HostPrepaid service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. HostPrepaid expressly disclaims any representation or warranty that the HostPrepaid service will be error-free, secure or uninterrupted. No oral advice or written information given by HostPrepaid, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. HostPrepaid and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Modification
HostPrepaid reserves the right to add, delete, or modify any provision of its Terms of Use at any time without notice.
If HostPrepaid.com becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the complainant must submit at least two items. First, complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the customer's materials. Second, complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, HostPrepaid.com, at its discretion, may, at any time deny access to the challenged material of customer.
If you believe that your work has been copied in a way that constitutes copyright infringement by a HostPrepaid.com customer ("the customer"), you ("the complaining party") must first provide HostPrepaid.com Legal Agent with the following information in writing ("the notification"):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed; if multiple copyrighted works at a single site are covered by a single notification, then include a representative list of such works at that site;
- a description of where the material that you claim is infringing is located on the site sufficient to permit us to locate the allegedly infringing material;
- your address, telephone number, and email address;
- a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
HostPrepaid.com Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
Upon receipt of the written Notification containing the above information by the Complaining Party, and only upon receiving such Notification, HostPrepaid.com will:
Remove or disable access to the material that is alleged to be infringing;
Forward the written notification to the alleged infringer ("the customer");
Take reasonable steps to promptly notify the customer that it has removed or disabled access to the material.
In response, the customer may send a "Counter-Notification" to HostPrepaid.com. To be effective, the Counter-Notification must be in writing and include the following information:
- The customer's physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the customer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
- The customer's name, address, and telephone number, and a statement that the customer consents to the jurisdiction of the Federal District Court in which the address is located, or if the customer is outside the United States, for any judicial district in which HostPrepaid.com may be found, and that the customer will accept service of process from the person or his agent who provided the original Notification.
Upon receipt of the written Counter-Notification containing the above information by the customer, and only upon receiving such Counter-Notification, HostPrepaid.com will:
Provide the Complaining Party with a copy of the Counter-Notification;
Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
Replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided HostPrepaid.com 's Copyright Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the customer from engaging in infringing activity relating to the material referenced in the Notification.
Any party seeking to report any other potential violations of this Acceptable Use Policy may contact HostPrepaid.com at abuse@HostPrepaid.com.
To discontinue services, you must notify HostPrepaid.com to formally cancel your account with and avoid further charges.
On occasion, HostPrepaid.com may need to communicate with its customers through email for issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check email sent to the primary email address specified during the sign-up process.
It is the responsibility of the customer to notify HostPrepaid.com of any changes to their account, such as phone number, address, or credit card information. Customers will be required to provide verification for security purposes authorizing them to make any changes to the account.
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