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Terms of Service

The use of services from HostLeet.Com, LLC [hereafter referred to as "HostLeet"] constitutes agreement to these terms. You may view our Privacy Policy HERE.

Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.

Providing false contact information of any kind may result in the termination of your account. In high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Content

All services provided by HostLeet may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, the State of Colorado, and the United States of America apply.

The customer agrees to indemnify and hold harmless HostLeet from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@hostleet.com for information on how to file a complaint.

Examples of unacceptable material on all servers include but are not limited to:

IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

Using a shared account as a backup/storage device is NOT permitted, with the exception of keeping one cPanel backup of the same account. If you wish to keep more than one backup of your account, you will need to download them to your computer or purchase our Daily Automatic Account Backup Addon.

HostLeet services, including all related equipment, networks and network devices are provided only for authorized customer use. HostLeet systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of HostLeet system(s) constitutes consent to monitoring for these purposes.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at sales@hostleet.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Direct customers: Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password.

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

HostLeet reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

HostLeet reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. The cost of the clean up fee is entirely at the discretion of HostLeet depending on the damaged caused.

Payment Information

You agree to supply appropriate payment for the services received from HostLeet, in advance of the time period during which such services are provided. You agree that until and unless you notify HostLeet of your desire to cancel any or all services received, those services will be billed on a recurring basis.

As a client of HostLeet, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. HostLeet provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for more than 10 days and not paid will result in a $10.00 fee and/or account suspension until account balance has been paid in full.

Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded. If you require assistance with this provision, please contact billing@hostleet.com or submit a ticket to our billing department. HostLeet reserves the right to change the monthly payment amount and any other charges at anytime.

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on our website, and the right to increase the amount of resources given to plans at any time.

Cancellations and Refunds

ATTENTION: Cancelling your PayPal subscription will NOT be considered as a cancellation request for your services!

All cancellations MUST be done in writing 7 days before your next billing due date using the cancellation form provided in your Client Area>Products & Services>Product Details. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been cancelled. At this time, your account with us has been cancelled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.

HostLeet reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

HostLeet gives you an unconditional 60 day money back guarantee on managed shared hosting solutions for any customer who paid the first invoice with a credit card or with PayPal.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account: Bank Transfers, Check, Money Orders.

There are no refunds on domain name purchases after the first 4 days of registration have passed. Any domain name registered for free with your hosting plan is valued at $10.99 and can NOT be refunded. Purchases for Dedicated IP's and SSL Certificates can NOT be refunded and will be posted as credit on the account.

Refund requests for shared accounts after the initial 60 days will be refunded on a prorated basis of any unused time.

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 or if you have opened a second account with us.

NOTE: Any violation of our Terms of Service will waive the refund policy entirely.

Resource Usage

User may not:

(a) Use 25% or more of system resources for longer then 120 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

(b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

(c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.

(d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

(e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.

(f) Participate in any file-sharing/peer-to-peer activities

(g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc

(h) Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php").

The use of more than 90,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 90,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here

Backups & Data Loss

Your use of the service is at your sole risk. HostLeet is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on HostLeet servers. While HostLeet does maintain backups of your files and/or data we accept no responsibility should backups be unavailable for any reason including but not limited to data corruption, hardware failure, or negligence.

All cPanel backup files, backup-*.tar.gz and cpmove-*.tar.gz, older than 72 hours will be removed from the server automatically and we suggest downloading said backups to an off-server location. These backups are stored in our off-server backup system for up to 7 days should you need access to this backup after 72 hours.

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month. Most websites don't use more than 1 GB monthly, this depends on the site of course.

Uptime Guarantee

If your shared server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of HostLeet dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact billing@hostleet.com with justification. All requests must be made in writing via email.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold HostLeet harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against HostLeet, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless HostLeet against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with HostLeet; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from HostLeet servers.

Arbitration

By using any HostLeet services, you agree to submit to binding arbitration. If any disputes or claims arise against HostLeet or its subsidiaries, such disputes will be handled by an arbitrator of HostLeet's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Florida. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

Disclaimer

HostLeet shall not be responsible for any damages your business may suffer. HostLeet makes no warranties of any kind, expressed or implied for services we provide. HostLeet disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by HostLeet and its employees.

HostLeet may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

NOTE: HostLeet.Com, LLC reserves the right to revise its policies at any time without notice.