Terms of Service & Conditions
1. General
WebHostingHINTS.com (hereafter called "HINTS")
agrees to provide, and Client agrees to receive, access to
the Web Hosting and related Services according to the following
Terms of Service and Conditions:
- The "Client" is the person or entity who is applying or who is receiving Web Hosting Services & related Service from HINTS.
- The Web Hosting Service is provided on an "AS IS, AS AVAILABLE" basis.
- HINTS gives no warranty, express or implied, for Services provided no warranty expressly includes any reimbursement for losses of income due to disruption of services by HINTS or its providers beyond the fees by Client to HINTS for services.
- Use of any information obtained by way of Web Hosting and related Services from HINTS, is at Client's own risk, and HINTS holds no liability for such use.
- HINTS is not responsible for any damages arising from Client's use of Web Hosting and related Services provided by HINTS or by Client's inability to use the Web services for any reason.
- While HINTS shall make every reasonable effort to protect data stored on HINTS's equipment (Server(s) and the like), HINTS is not responsible for Client's Data, files, or directories residing on HINTS's and/or vendor equipment. Client solely responsible for maintaining data, file, and directory backups.
- The customer is required to provide HINTS with correct
and up to date contact details for billing and technical
notification purposes. HINTS takes no responsibility for
disruption to services due to inability to contact the
customer.
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2. Payment
- All billing and account related queries should be sent Billing@WebHostingHINTS.com
- All Prices quoted are in USD (United States Dollars).
- Client agrees to a once off set up fee (if such a setup
fee is part of hosting plan) and an Annual Payment as agreed
(dependant on chosen hosting package) for Web Hosting
Services. In addition setup fees may be charged for additional
services as per prices indicated at HINTS website. If the
Client exceeds the transfer limit imposed by their chosen
hosting package, the Client will be charge with additional
fee as shown on HINTS website.
- Payment can be made by Credit Card via PayPal,
or GoogleCheckOut in
accordance with the terms on HINTS website.
- HINTS reserves the right, at its sole discretion,
to deactivate the Clients Web Hosting account(s) and related
Services, upon an indication of credit problems including
delinquent payments or any spamming problem by Client.
- Client's that pay by credit card:
(i) HINTS accepts Credit Card payment via PayPal services
or GoogleCheckOut. Customers opting to pay by credit
card agree to have payments deducted automatically by
HINTS's Automated Billing System. All charges for additional
Web Hosting and related Services are billed on same day
or next working day, unless by decision of the HINTS
Management only who will deduct requested payable extras
at any time at their own convenience.
(ii) Client will receive an invoice by electronic mail for renewal of Package payment no less than one (1) weeks
prior to renewal date of Annual Payment.
(iii) Monthly payments with a credit card will ensure that
your account is not deactivated due to lost mail or other
unforeseen problems. All accounts are paid at least 1 month
in advance.
- Client's will pay for any Credit Card charge or banking
or exchange fee.
- LATE Charges of $10.00 USD will be
applied after 7 days from the due date of any late Payment.
If payment is not received by HINTS within 10 days of the
due date, HINTS has the option of terminating the Client's
Web Hosting Services.
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- HINTS will automatically deduct regular
monthly fees from your nominated credit card, on each Billing
Day, which is usually at the end of the current month,
without fail, unless by decision of the HINTS
Management only who will deduct requested payable extras
at any time at their own convenience.
- HINTS will also deduct any additional costs
incurred due to usage of Additional Services such as custom
name-servers etc. on the same or next working day without
fail, unless by decision of the HINTS Management
only who will deduct requested payable extras at any time
at their own convenience.
- HINTS will also impose extra cost on any
additional usage of the bandwidth and disk space.
(i)
For each
1 MB additional usage of the disk space, the cost will
be $0.10 (subject to change).
(iI)
For each 1 GB additional usage of the
bandwidth, the cost will be $2.00 (subject to change).
(iii) Calculation will be exactly what Client use
to the KiloBytes (subject to change).
- Renewing Prepaid account.
HINTS allows its prepaid clients to see their
account details at all times using HINTS billing software.
Prepaid accounts paid by credit cards will be automatically
renewed for the same term (1 month or annually (12 months))
at the end of each prepaid term or when the credit available
becomes "zero".
It the Client's responsibility to keep their
information up to date all the time.
- HINTS does NOT accept any payment via Check or Money
Order, pay via check, unless previous approved by HINTS
Management. Any payment via Check or Money Order will be
made in USD funds and paid 14-7 days in advance. Client's
will pay for any banking or exchange fee. Such accounts
will be prepaid accounts paid by checks/cheques, and/or
electronic transfers and/or money order, It is clients'
responsibility to arrange the payment before expiry of
the prepaid term or the credit available become "zero".
Prepaid account paid by the check/cheque or
electronic transfer or money order after the expiry of
their prepaid term will be suspended including all web
sites and emails. Once the account is suspended, it may
incur a suspension fee and/or late payment fee, up to the
discretion of HINTS management. All the services will remain
suspended until payment is resolved in full.
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3. Account Cancellation
- HINTS allows its customers to
cancel their account whenever required.
- To cancel an account Client must request a Client
Account Cancellation Notice Number and in this request
provide Clients details including Full
Name, Customer ID/login name (no password) and email
this to Billing@WebHostingHINTS.com and
any additional information as verification that the party
requesting the Account Cancellation is the Client or
proper Authorized person(s), authorized to represent
the Client. HINTS may request for
an authorization letter and photo ID to issue the refund,
so assure Client party is proper Authorized person(s).
- Request for Client Account Cancellation Notice Number,
must be received by HINTS, at least
15 days before the on going monthly or annual fee. Any
refund of any allowed prorated Services will be made
after 15 days from the time of HINTS email accepting
the Cancellation Notice Number email from Client.
- Any additional fees for Services
provided up and beyond the normal monthly or annual plan
fee(s), are not refundable. An example could be such
as a, SSL Certificate Installation ( but not limited
to the here before example).
- Any monthly or annual Web Hosting plan fee, beyond
the first month fee, will be refunded on a pro-rata
bases, though up to the HINTS's management.
- Clients are encourage to verify any feature or its
version supported, by contacting Sales@WebHostingHINTS.com before
signing adding for any additional Services such as
as SSL certificate installation.
- Client canceling a prepaid account before its agreed
term, HINTS will issue the refund for all remaining
credit in that account at the end of the Clients running
monthly normal billing charge, if cancellation is beyond
the first month fee. As outlined within this Terms of
Service, verification of Client will be requested.
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4. Disputed Billing
-
In case of billing error or disputed transaction, the
client must contact Billing@WebHostingHINTS.com for
an initial appraisal (examination).
- If, in any case of billing error or disputed transaction, Client initiates a bank
"Charge back" before Client makes contact with HINTS, Clients account including any web sites and any emails may be suspended without any notice and all services will remain suspended until the dispute is resolved.
- Once the charge back is initiated, you may have to
send the authorization letter along with your photo
ID to resolve the issue. Each charge back initiated
will incur at minimum an additional $20.00 charge
back fee per transaction.
- Charge backs are in most cases made fraudulently and will be pursued fully, by HINTS including, but not limited to Debt Collection and appropriate Legal.
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5. TOS (Terms Of Service) Changes
- HINTS reserves the right to modify these
Terms and Conditions in any way.
- HINTS reserves
the right to change these Terms and Conditions
at any time, effective immediately upon posting on the
Sites.
- Continued usage of Web
Hosting Services indicates your acceptance of the Terms
and Conditions in their amended form.
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6. Trademarks and
Copyrights
- Client warrants that it has
the right to use the applicable trademarks of Client, and grants to HINTS the rights to use such trademarks, if any, in connection
with HINTS's promotion of, referencing of, cataloging of, or indexing of HINTS's Web Hosting Clients.
- Client hereby agrees that any material submitted for publication on HINTS through Web Hosting
Services received by the Client will not violate or infringe any copyright, trademark, patent, statutory, common law
or proprietary rights of others, or contain anything libelous or harmful.
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7. Hardware,
Equipment, and Software
- Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Web Hosting Services. HINTS makes no representations, warranties, or assurances that Client's equipment will be compatible with HINTS's Services.
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8. New Domain
Hosting Accounts
- New Web Hosting accounts involving new domain name
registrations will be set up and entered into our DNS
servers within 12 hours, however, due to the nature of
Domain Name Servers, your domain might not be accessible
for a period of up to 48-72 hours.
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9. Interruptions
of Service
- Due to the nature of the service provided, an interruption
could occur for many reasons beyond HINTS's negligence.
Damages resulting from any interruption of service are
too difficult to ascertain. HINTS shall not be liable
for any damages that arise from such causes. HINTS's
liability for its own negligence may not in any event
exceed an amount equivalent to charges payable for your
specific hosting plan during the period damages occurred.
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10. Data Backups
- HINTS makes full backups on regular bases. 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. It is your responsibility
to maintain local copies of your web content. If for
any reason a loss of data occurs, we will attempt to
do our best to recover such data. We reserve the right
to delete user's files after one or both parties terminates
agreement.
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11. Limitation of
Liability
- In no event shall HINTS be liable for damages resulting from loss of data, profits, or for any incidental, indirect, punitive or consequential damages in connection with these terms and conditions or in connection with any web hosting account. In no event HINTS cumulative liability exceed an amount equivalent to charges payable for your specific dedicated hosting plan during the period damages occurred.
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12. Internet Etiquette
- Users of Internet and electronic forums should be considerate
of the expectation and sensitivities of others on the network
when posting material for electronic distribution. The
network resources may not be used to impersonate another
person or misrepresent authorization to act on behalf of
others or HINTS. All messages transmitted via HINTS's service
should correctly identify the sender; users may not alter
the attribution of origin in electronic mail messages or
postings. Users must not attempt to undermine the security
or integrity of computing systems or networks and must
not attempt to gain unauthorized access.
- Due to the public nature of the Internet, all information
should be considered publicly accessible, and important
or private information should be treated carefully. HINTS
is not liable for protection or privacy of electronic mail
or other information transferred throughout the Internet
or any other network HINTS or its customers may utilize.
- Use of distribution lists via unsolicited electronic
mail or other electronic mailings is strictly prohibited.
HINTS reserves the right to deactivate the Client's Web Hosting account(s) upon
an indication of such activity. Client hereby agrees to
indemnify and hold harmless HINTS from any claim resulting
from the Client's or another party's use of electronic
mail service(s) on the Clients Web Hosting account(s).
- SPAM: We do not allow, condone or support SPAM (Sending
of unsolicited email advertisements).
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- Spam Violations include but are not limited to:
bulk mailing of commercial advertising, charity requests,
petitions, and political or religious tracts. Such
messages may only be sent to those who have explicitly
requested it from your domain. Forging, altering or
removing electronic mail headers is prohibited.
- Spamming Newsgroups: Commercial advertisements are
unwelcome in most Usenet discussion groups and on most
e-mail mailing lists. Inappropriate posting may result
in account cancellation. See the newsgroup or mailing
list's charter for whether advertising is allowed or not. "Spamming," or
sending a message to many different off-topic newsgroups, is particularly unethical
and will be treated as such.
- Providing Spamware: (Software used to send bulk
email or software used to harvest email addresses)
or links to sites providing spamware is strictly prohibited
and subject to demand for removal or account cancellation.
Using FormMail (form to email software): We allow the
use of and provide use of pre-installed scripts like
formmail, but due to spamming and abuse of such software
by spammers, we request clients use our pre-installed
scripts which we keep up-to-date. A client is permitted
to install their own form to email script, however
they are then responsible for its use and if we find
it is out of date and/or is being used by spammers,
we deserve the right to disable the script. Summary:
Spamming, or the sending of unsolicited email, from
our server or using an email address or domain that
is maintained on our machine as reference is STRICTLY
prohibited. We will be the sole arbiter as to what
constitutes a violation of this provision.
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13. Termination
- Client may cancel the Web Hosting Services upon the
conditions that requests for cancellation must be made
in writing with 30 days prior notice and sent to HINTS.
Cancellation will not take effect until received. The used
pro-rata time portion of Annual Payment that has been made
is not refundable unless cancellation is requested in the
first thirty (30) days. Setup fees are not refundable.
- Please note that domain registration fees, setup fees,
bandwidth add on fees, are not refundable. On account cancellation,
any incentives offered to customers when opening the account
will also be cancelled.
- HINTS reserves the right to suspend Web
Hosting Services without notice for any unpaid or partially
paid balances. The Client is responsible for any legal
fees incurred for the collection of any unpaid amounts.
- Mass unsolicited/unwelcome mailing ("Spamming")
is strictly prohibited. Any Client found to be Spamming
will have their Web Hosting Services immediately terminated
and find themselves billed for any unpaid balances as well
as for any damages that occur as a result of their action.
- HINTS reserves the right, NOT TO REFUND any part or all
of anyone that HINTS deems as a Spammer.
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www.WebHostingHINTS.com Management
Additional questions email: Sales@WebHostingHINTS.com
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