Terms of Service
The following Terms of Service ("TOS," "Terms" or "Agreement") apply to your use of our website and all services, features and/or content provided by HostMedia ("HostMedia," "us,", "our" ). HostMedia is dba of Ditcom, LLC., with registered address: 7041 Grand National Dr 132, Orlando, FL 32819. By purchasing one or more Services from HostMedia, you declare that you have read, understood and agree to be bound by this TOS. It is essential that you read this TOS prior to purchasing any Service(s) from HostMedia.
If you are reading this term, you are likely to want to know our policies regarding the use of the services, or have performed some action that you did not know as possible or permitted, or are just comparing with other hostings or still want to know your and our guarantees before purchase one of our services, and in this case when you finish your purchase you will certainly have agreed with all aspects contained herein. If you do not agree with any point in our terms and policies, do not proceed. We rigorously apply all the points present here, in order to offer everyone an excellent service.
The present terms of service provision can be changed in order to adapt them to the reality of the market, as well as news or changes that are the result of a segment as dynamic as that of technology and particularly in the case of the Internet. Therefore, it is essential to keep up to date with the terms and if at any time, you do not agree with any changed or included topic, check the possibility of an adaptation or even the cancellation of your services.
HostMedia provides hosting services and related services, predominantly in a shared environment, through server infrastructure in the USA and Brazil, providing hardware and software necessary for hosting the domain and the various aspects involving hosting, domains and the Internet, not including the means and resources necessary to access the services (Internet connection and access provider, hardware and software for access).
To provide its services, HostMedia uses its own resources, created and maintained by it, as well as third parties. This range of services can be found on our website and can be changed, removed or extended without prior notice due to aspects of availability, viability, market and commercial interests of HostMedia.
When ordering any of the services listed on our website, it is necessary to check the option by which you confirm that you were aware of this term and that you agree with all aspects contained therein. You will have in it all the details on which HostMedia is based to provide its services, defining our rights and responsibilities and those of our users. Therefore, reading and understanding the content here is essential for everyone to enjoy the best services, through a harmonious, transparent relationship based on clear principles.
2. Who is it for?
The following are listed in general lines which needs we can meet and which services are most suitable to the profiles of users, according to their interests and desires:
2.1. Shared Hosting Plans:
- Professionals and individuals in general.
- Small companies.
- Medium and large companies, as long as the volume of data hosted and traffic is not abusive and does not conflict with our policies.
2.2. Reseller Hosting Plans:
- Small companies that wish to host websites of other companies or individuals.
- Professionals in the area of website creation and maintenance, who are interested in or need to host their clients' websites.
2.3. VPS Hosting:
- Small and medium-sized companies whose sites require more processing, number of processes, RAM allocation or have more expressive visits and do not accommodate well in conventional shared hosting plans.
- Regardless of the size of the company and even individuals who have sites with higher requirements on the server, either due to the site's resources or due to the above average visitation.
- Hosting resellers that host sites with a higher level of customization or even more processing or visitation.
2.4. Dedicated Servers:
- Hosting resellers with a large number of accounts or requiring a high degree of customization for their customers.
- High volume content or visitation.
- Medium or large companies that need a lot of resources, space, processing and systems / applications that are generally not part of shared environments.
Regardless of the model you believe your business fits into, there are particular situations where a higher level of customization is required. In these cases, if you are not sure which is the best solution to serve you, before ordering our services, contact our Sales Department, which will help you to identify the most suitable solution to your needs, avoiding purchase a service that is not appropriate to your profile.
In few words...
Since our most economical plans, all are flexible and powerful, but it must be borne in mind that large sites and great demands require superior plans and solutions. Find out which plan / service meets your needs and interests.
3. Registration Data and Account Setup
In a provision of services like this, in which it occurs through and focused on the Internet, the information that HostMedia provides, as well as the information you provide to us, is vital and very important, in the same way as these terms. Therefore, in order to start and maintain this relationship, some points deserve highlighting and precision:
- 3.1. Your registration must be complete and the information contained therein must be accurate.
- 3.2. The registration data may be subject to confirmation and the inaccuracy or even divergence of such data, will result in the cancellation of the contracted services.
- 3.3. The main means of communication between HostMedia and the client is the e-mail address. In exceptional or urgent cases or even if they are of a high severity, they may require telephone contact and, therefore, are two pieces of information that deserve more attention on your part in filling in, since they require accuracy and must always be kept up to date.
- 3.4. HostMedia's inability to communicate, due to incorrect contact details (email and phone) or occasional / partial use, exempts us from problems that may occur due to the impossibility of communication on our part.
- 3.5. The activation of any services depends on confirmation of payment by the corresponding financial institution. Once we have confirmation, activation can occur within 24 hours.
- 3.6. The data and information necessary to use the contracted services are only provided via the system and sent to the registered email address. No access data or information that involves the confidentiality of the account, is provided by chat, via phone or any other means. This involves security and confidentiality issues and therefore we make no exceptions.
- 3.7. Try to use an external contact email, that is, that does not use the domain you will host with us. If the domain is frozen or the account is suspended or there is any other problem related to it, you will be unable to receive our communications.
- 3.8. The first four digits of your Customer Center password may be requested to prove that you are responsible for the account you are making contact with or requesting any support.
- 3.9. You will be asked for a password when filling out the registration, which will later give you access to the Customer Center. Always use complex passwords, combining uppercase, lowercase letters, numbers and special characters. A good password must be at least 8 (eight) characters, but 14 (fourteen) is recommended.
- 3.10. The transfer of ownership of the contracted services implies that the new registration that will assume the services, meet the same requirements as the previous one.
- 3.11. The process of transferring ownership of services must be done through a request via a call at the Help Desk, by the current holder, who must provide the new details and this register must exist.
- 3.12. Registration data is not removed when a service is canceled.
In few words...
Your information is essential for our communication and to keep the services operational, so keep it correct and up to date.
Hosting accounts are intended exclusively for content related to the website. Therefore, it is forbidden to store any content that is not related to the functioning and theme of the website. If identified, irregular content may be deleted without notice.
Are not allowed websites whose activity or role is related to:
- 4.1. Upload or share files such as Mega, Zippyshare, etc.
- 4.2. Virtual Disk or storage such as Dropbox or Google Drive, OwnCloud or Pydio;
- 4.3. Sharing files like WeTransfer;
- 4.4. Transmission and distribution of audios, such as online radio and others;
- 4.5. URL shortening websites;
- 4.6. Transmission of video in "streaming" or "Tube" type websites;
- 4.7. Online games, download games or game forums;
- 4.8. Auction websites;
- 4.9. IRC and Chat Rooms;
- 4.10. Adults content websites;
- 4.11. Free email;
- 4.12. Online courses (handouts, videos, etc.)
- 4.13. Discussion forums;
- 4.14. Executable files of any origin or authorship, regardless of the purpose or justification;
- 4.15. Sharing files and Peer-To-Peer networks (Torrent, Soulseek, etc.);
- 4.16. Social Media system such as Facebook, MySpace, LinkedIn, etc;
- 4.17. Systems for sending bulk email, autoresponders or selling mailing lists.
- 4.18. Downloading applications / software;
- 4.19. Webites whose content violates the Constitution of the United States of America.
- 4.20. Websites with outdated free platforms, such as WordPress, Joomla, etc.
In few words...
Do not host websites or content that may affect the server due to excessive access, excessive space consumption or controversial content.
5. Unlimited Features and Email Policies
5.1. Unlimited Features
Unlimited hosting does not mean that all available resources (disk space, number of databases, domains, email accounts, etc.) are infinite. No limit is set for them, in order not to limit their growth, as long as it does not cause problems to the hosting environment or to other users who share the server. We make use of tools that monitor how and how much resources are used on our servers in order to prevent abuse.
Thus, in order to comply with the hosting plan usage terms, it is necessary to observe:
- 5.1.1. The hosting plans are not intended for use as a virtual disk. Any and all files in the storage area of the website must necessarily belong to the website and be indispensable for its operation. That is, it is not allowed to use the space intended for hosting to store backups of personal files or third parties, whatever their nature.
- 5.1.2. The hosting account has a limit of inodes according to the contracted plan and each file must not exceed 100MB of storage. If this limit is exceeded, files may be deleted without prior notice and the account may be deactivated from the daily backup system.
- 5.1.3. It is forbidden to store files of any kind (music, video, whole book or excerpts, software, TV program, images, excerpts from other sites, etc.), which are protected by Copyright Laws, even if the file mentioned has a fundamental role in the functioning or composition of the website content, unless there is authorization for the use and / or disclosure granted by the copyright holder.
- 5.1.4. The number of domains that can be hosted is not subject to a limitation in their number, as long as all hosted domains are registered in the name of the person responsible (contracting) for the plan. Hosting of registered domains in the name of third parties must be done through reseller plans.
- 5.1.5. It is not allowed to use hosting to “mirror” other sites, as well as the “masking” of url / external links.
- 5.1.6. Do not archive email messages for more than 5 years.
- 5.1.7. If one of the hosted domains, or all of them in one account, frequently reaches the maximum use of processor resources, or the allocated memory, or the number of processes, in order to compromise the stability and / or performance of the shared server, the plan will be subject to reallocation of characteristics and values.
- 5.1.8. The number of e-mail accounts associated with a domain, must not exceed the number of connections / hour that are allowed per account of hosting the e-mail service.
- 5.1.9. The number of connections to the POP3 server cannot exceed 180 connections / hour from a single email account.
- 5.1.10. SMTP is not allowed over more than 2 IPs, that is, more than two SMTP connections using the same login over different IPs.
- 5.1.11. The limit for SMTP connections per minute and per email user is 10 connections. Above this limit, submissions made may be classified as mass submissions and the email policy and its sanctions will be applied to the user.
- 5.1.12. The limit for simultaneous connections to FTP over the same IP is 5 connections. Above this limit the IP may be blocked by the server's firewall.
- 5.1.13. The storage limit for a database cannot exceed 1GB in each bank contained in the account.
- 5.1.14. The interval for each scheduled task (Cron Jobs), must be longer than 15 minutes. In case the interval is not respected, HostMedia reserves the right to change or even remove the task, if it deems necessary for the good functioning of the shared server.
In all of our shared hosting servers, a system is used by which we establish maximum limits for the allocation of memory, processing, number of global and Apache processes and reading / writing to disk. Such limits are established by hosting account and not by domain or website.
In few words...
Unlimited is not synonymous with infinite or without rules. We do not set limits on certain resources, as long as you use them properly and with common sense. Moderate and rational use of the services will not harm other users who share them, or you.
The e-mail service, like all other server services, is in a shared environment, which means that you and several other users who are hosted on the same server, make use of e-mail. Therefore, it is necessary to establish rules for the rational and democratic use of the service, so that everyone can enjoy it under appropriate conditions and with satisfactory performance.
If you do not use the service in a manner consistent with your proposal, respecting limits and principles, it will not work in the desired and necessary way for other users and, like you, everyone expects and has the right to use it under ideal conditions.
The e-mail service in shared hosting plans is an accessory service, since the main “product” is the hosting of websites and for this purpose, our servers are configured. Misuse or misuse directly affects the server and the sites hosted on it, as well as the service itself for other users. Therefore, the e-mail service is exclusively intended for daily sending. What is it? These are the messages that result from the daily life of a company or professional, such as sending quotes, responses, exchanging files, personal or individual business communication, consultations, etc. Submissions for many people, who deal with the same subject as newsletters, email marketing, promotions, disclosures, communications, are considered mass submissions and are not allowed.
Therefore, they follow good practices recommended in the use of the service, as well as restrictions that we wish you to not ignore, so that we do not have to restrict your use of the services:
- 5.2.1. Do not set up automatic replies for all accounts, especially accounts that receive large volumes of spam or Email marketing, as this type of sending generally does not have a valid or active reply address.
- 5.2.2. Do not use the email service to forward content to large numbers of people.
- 5.2.3. Avoid addressing the same message to many recipients. Our addressing limit is 25 e-mail addresses, which is sufficient for every situation. If you need to send a message to more people, you certainly need another type of service.
- 5.2.4. Read and receive confirmations are resources that should be used with moderation and common sense and, above all, when absolutely necessary. An automatic confirmation of receipt and a read confirmation, means 2 shipments of your quota. If it is not essential for the account in question, disable them.
- 5.2.5. Chains, lists, groups are not appropriate for this type of service, especially when dealing with a business or professional address. Book this type of email to your personal address.
- 5.2.6. Do not set up a domain email account as a return-path or reply-to (reply to) for very large external campaigns, otherwise the service and even your account will be jammed.
- 5.2.7. Always set up email accounts only through our tutorials, strictly following the settings indicated.
- 5.2.8. Guide all domain users on best practices.
- 5.2.9. The use of e-mail services for sending mass e-mail (Newsletter, communications, electronic bulletins, lists, e-mail marketing, promotions, disclosures, etc.) is not authorized, under any justification and at any frequency of sending.
- 5.2.10. The installation and use of mass mailing systems (Interspire, eMarketeer, PHP-Mailer, etc.) is not allowed. If identified, the folder in which it is installed may be blocked or the system removed or the hosting account will be subject to suspension.
- 5.2.11. Own shipping systems integrated or not to the site are also not allowed.
- 5.2.12. Resources for sending invoices, invoices, orders or similar, which send more than 5% of the quota per hour of the account and / or with high frequency (daily), are not allowed. In these cases, one should consult the Sales Department to study a personalized plan.
- 5.2.13. Sites that use forms or any signature system with automatic response, without protection mechanisms such as captcha or equivalent, are not allowed and are subject to blocking or even suspension, in the event of exploitation with consequent massive shipments.
- 5.2.14. Sending SPAM, which is not synonymous with mass sending, is not allowed and is considered a very serious infraction.
- 5.2.15. It is not allowed to offer, sell, rent or any form of assignment of mailing lists or mass mailing systems, using the domains hosted on our servers.
- 5.2.16. The e-mail service cannot be used for relay and you can send only through e-mail accounts that are hosted on our servers (use our DNSs). Any submission per domain hosted by other providers is classifiable as a very serious infraction and subject to severe restrictions.
- 5.2.17. Concentrating a large volume of shipments in a short time is not allowed. Therefore, the sending of 10 (ten) or more messages in the interval of 1 (one) minute, by the same user, will be considered mass sending and subject to the application of the corresponding penalties.
- 5.2.18. The storage limit for an e-mail account is up to 12GB, being deducted from the total hosting space and each message contained in the account must not be stored for more than 5 years.
Non-compliance with email policy
Failure to comply with “good practices” does not constitute an infraction, as long as there is no impact on the shared environment. If this occurs, the preventive measures and penalties listed below may be applied, according to the degree of commitment of the service or the consequences for other users.
In the case of violations of the email policy, the following measures, restrictions or penalties may apply:
- 5.2.19. Written communication, opened by the Abuse Department, using the so-called Help Desk system.
- 5.2.20. Password change for e-mail account and cPanel.
- 5.2.21. Lowering the domain / hosting account shipping quota.
- 5.2.22. Blocking the e-mail account for a minimum period stipulated in an appropriate ticket.
- 5.2.23. Suspension of the hosting account for a minimum period stipulated in the appropriate call.
In few words...
The email service is intended for the conscious and moderate sending of messages that are necessary for the daily communication of a company or professional. Demands above average or with special needs, require services designed to meet this differentiated demand.
6. Domain Name Registration
The registration of domains has rules and particularities due to the registration being granted by third parties. For every domain registration, the following apply:
- 6.1. Domain is a concession and therefore, registration does not guarantee ownership over it. Annual renewal is required to extend the concession. Failure to pay annual renewals will result in the loss of the concession.
- 6.2. An expired domain will be free for a new registration and can be registered by anyone else.
- 6.3. The registration of a domain is conditioned to its availability with the agency that gives the concession.
- 6.4. After registering a domain, it is not possible to refund the amount and its spelling cannot be changed.
- 6.5. Make sure to fill in the domain correctly, which will be registered in the corresponding form on our website, since the domain will be registered exactly according to the spelling you use. HostMedia is not responsible if you type the domain incorrectly.
- 6.6. A domain name that is different from another by just one letter, is another domain and requires a new registration.
- 6.7. Domain registration promotions are linked to ordering hosting plans and canceling the hosting plan automatically cancels the promotion.
- 6.8. Domains registered for free as a result of contracting hosting plans, will have their full value discounted in case of cancellation of the contracted plan to which it is linked and with eventual return of values of the canceled hosting plan, following the rules for cancellations of other services.
- 6.9. If you eventually opt for hosting plans on a periodic basis that gives the first free annual fee for a domain registration, it is necessary to order the domain registration in question, together with the hosting plan. Just making the option of the plan that gives such right, does not necessarily imply the registration of the corresponding domain.
- 6.10. The renewal amount for the domain registration can be changed according to the amounts charged by the entity that grants it and according to the exchange variation, in the case of international domains.
- 6.11. HostMedia has no responsibility for the freezing of domains registered by HostMedia, when the reason is technical or administrative of the entity that grants the registration.
- 6.12. The impossibility of renewing the domain registration due to the non-payment of the renewal fee by the client, exempts HostMedia from responsibility for any type of loss or damage resulting from the loss of the domain concession.
- 6.13. After the domain expires, the domain may be lost. In some cases, it is possible to recover it for a restoration fee, which varies according to the extent. Consult the Sales Department to know the values.
- 6.14. The whois data for a domain is provided by the respective granting bodies and is subject to change without notice. The concealment of such data - when possible - will occur at an annual fee. Consult the Sales Department for the values for each domain / extension.
- 6.15. Failure to pay the renewal fee for an international domain until the day of its maturity, results in freezing on the exact day of maturity. Therefore, we will advance the invoice due in 3 days with HostMedia so that the domain can be renewed.
- 6.16. The rules for transferring the holder of international domains - when possible - are stipulated by each registration body and, therefore, one must consult the necessary procedure for each domain extension, with the Sales Department.
- 6.17. Domains considered "premium", will be subject to specific charges, not charged and should be negotiated through consultation with the Sales Department.
In few words...
Domain Names registration is the main aspect of your presence on the Internet. It is the link with your company, your brand and your image. It is a concession by third parties, which have rules and rigor in their administration. So, take care of it so you don't lose it.
7. VPS Hosting
A VPS Hosting, is a virtual server, in which the user has resources and characteristics very similar to a physical dedicated server and, for this reason, provides flexibility, limits and performance much higher than conventional direct shared hosting plans. However, there are also limits and parameters for its use and therefore, below we list the aspects that govern its use:
- 7.1. As it is part of a physical server, there are physical limitations in the use of the hardware of which the VPS is part, and the disk I/O (Input/Output) and the consumed traffic will be limited in order not to compromise the overall performance of the physical server.
- 7.2. All content restrictions related to the US legislation in force and to the international laws on copyright and intellectual property, applicable in shared plans, also apply to VPSs, regarding the content that is hosted on the VPS, as well as the use made of the services of the same.
- 7.3. The sending of SPAM is not tolerated.
- 7.4. The limits for sending e-mails vary according to the contracted VPS plan. Details regarding these limits must be included in your proposal and are provided by the Sales Department.
- 7.5. In the event of blocking the dedicated IP of the VPS, it is the user's responsibility to adopt the measures to remove the block, as well as any fees that blacklists cover. Our support may eventually provide guidance on how to perform the "delist", but the procedure itself does not.
- 7.6. Providing the user with the root password entails responsibilities for the user regarding the security of the server and the correct functioning of the services, since their access privileges are full. Therefore, some fundamental points must be kept in mind:
- The computer or any device through which access to the VPS must be free of malware and the necessary procedures to guarantee this must be adopted frequently.
- The service and access logs must be kept in order to record the actions taken.
- Occurrences generated by improper or incorrect use of access, can be corrected by our support, depending on the extent and severity, through specific pricing proportional to the problem.
- 7.7. Service and application licenses that are not part of the standard VPS are paid separately. Consult the Sales Department for details of the services that integrate the VPS.
- 7.8. The installation of services or applications additional to the VPS standard, are subject to aspects of availability of technical support. Consult technical support in advance for any specific needs.
- 7.9. The service channels for technical support, sales or collection department, as well as the times when the service is provided, are the same as for shared direct hosting plans.
- 7.10. There are no limits on sending e-mails, but it should be borne in mind that the use made of the service has consequences for the server's performance and the reputation of the IP. In the event of abuse, which results in performance degradation or inclusion of IP in blacklists or anti-spam tools, the customer has full responsibility for adopting the procedures to correct the problem.
- 7.11. The cancellation of a VPS must be made at least 30 days before the date for the next payment, which are always advanced.
- 7.12. If it is of your need and / or interest, the administration of the VPS can be completely its own, which means that you will do it yourself and in this case, you will have root access to the VPS and in this situation there is no technical support. If support from HostMedia is required, an hourly rate will be charged, set by the Sales Department.
- 7.13. Services that are provided free of charge and that are part of the VPS, may be charged in the future, both due to changes by the companies responsible for such services, as well as changes in the segment and the market.
- 7.14. The first migration of content to the VPS is free. Subsequent migrations will be charged, and the Sales Department should be consulted for the values in each case, which vary according to the volume of data and technical aspects associated with the data source server.
- 7.15. HostMedia does not back up the content and therefore, the client must have a tool for that purpose. If you want to use our tool, consult the Sales Department to learn about the solutions we offer.
In few words...
VPS is a differentiated hosting alternative, expanded in relation to conventional shared hosting, with benefits, but also with limits and that must be used within such limitations, as well as observing some aspects that shared ones present.
8. Dedicated Server
A dedicated server, or just dedicated as we usually refer, is a server on which only the customer's account is configured, as well as the services that are required for its operation and that are established and agreed in the associated commercial proposal or in the description contained in our site.
Keep in mind that a dedicated server is nothing more than a computer with high processing capacity, memory and storage and, like any computer, requires care, knowledge and rules for proper use and with great results.
The provision of support - whether in the modality with its own administration or by HostMedia - is governed by the service topics and the policies of the shared hosting plans.
Below are the main aspects that conduct its use and support:
- 8.1. Dedicated Server with its own administration:
- The client has root access and management and monitoring is done by itself. In the eventual need for intervention by our support, he must provide the root password and will be charged an hourly support fee, which is determined by the Sales Department and upon consultation.
- The installation of systems, services or applications is done by the customer.
- The possibility of the topic above (b), must respect the restrictions related to the chapter that deals with legislation.
- Still on topic b, all installed software, the respective licenses must be paid, when the situation is applicable. The use of pirated software is not permitted.
- There is basic management, which is a consequence of the support we provide to all servers in our network.
- HostMedia does not back up the content and therefore, the client must have a tool for that purpose. If you want to use our tool, consult the Sales Department to learn about the solutions we offer.
- 8.2. Dedicated Server with management by HostMedia:
- There is root access to the client only when requested and as agreed with the support team.
- Basic support is provided, the coverage of which is the same as that provided in support of shared hosting plans. Issues involving greater complexity require advanced management. Consult the Sales Department for the conditions and aspects covered.
- Server problems, resulting from customer misuse or abuse, are not covered by support and in the same way as the topic "8.1. - a.", If intervention by HostMedia support is required, it will be subject to a charge additional.
- The installation of services / applications will be conditioned to the evaluation of our Technical Support, which will evaluate both the availability, compatibility of the environment, as well as the technical training necessary to support the new services.
- As in item "8.1. - d.", The installation of additional services to those that integrate the server, depends on the payment of licenses. Consult the Sales Department regarding the respective values.
- HostMedia does not back up the content and therefore, the client must have a tool for that purpose. If you want to use our tool, consult the Sales Department to learn about the solutions we offer.
- 8.3. 8.3. The cancellation of a Dedicated Server must be carried out at least 30 days before the date for the next payment, which are always advanced.
In few words...
The dedicated server is the form of hosting with greater power and flexibility to host your business, but it also presents limits and care. Not everything is possible and the actions you take are your responsibility.
HostMedia maintains a remote backup system, by which we perform an incremental backup of all shared hosting accounts on our servers, for our use in situations that require it, such as “disaster recover”. Therefore, although the subject has been addressed elsewhere in the present term, we have devoted a chapter especially intended for the issue, given its importance. Following are the points on which the backup issue is supported:
- 9.1. The user is responsible for maintaining up-to-date backups of all data (website, e-mails, databases, etc.).
- 9.2. Some plans may be entitled to a free monthly amount of restorations, however, the accuracy or availability of the data to be restored is not guaranteed and in this case, it is just one more point of prevention. The responsibility mentioned in the above topic "9.1.", Remains with the user.
- 9.3. There is the possibility of using our backup system to restore some lost data for plans that do not offer backup restorations, however this will occur by paying a one-time fee in the amount of U$20.00 for restoring files, directories or bank of data. For complete account restoration, including your settings, the cost will be U$50.00 However, the accuracy or availability of the data to be restored is not guaranteed and in this case, it is just one more point of prevention. The responsibility mentioned in the above topic "9.1.", Remains with the user.
- 9.4. The period covered by the backup is the last 7 (Seven) days. Therefore, it is not possible to request restoration of lost data prior to seven days from the date of the request.
- 9.5. The backup is performed once a day and, therefore, the content eventually restored refers to that which existed in the account at the time (date and time) when it was generated. There is no backup generated by time.
- 9.6. The accuracy of restoring backups generated on servers from other providers is not the responsibility of HostMedia.
- 9.7. A backup tool is available in the hosting accounts cPanel, whose conditions of use follow:
- The tool is only operational between 10PM and 06AM.
- The backup generated via cPanel must be downloaded and stored in a safe place, no later than 48 hours after it has been generated. Backups with a generation date greater than 48 hours will be removed without prior notice from the server.
- It is not allowed to store backups of any kind and under any justification in the hosting accounts, except for the period provided for in item "9.7. - b.".
- The backup produced by cPanel is intended for restoration on other servers that also make use of cPanel. Its restoration in other systems does not guarantee accuracy or functioning.
- The files, e-mails and database can also be backed up manually and at any time using the tools available in cPanel or FTP programs.
- Restoring backup generated on our servers, on third party servers, is not supported.
- 9.8. 9.8. Importing a database backup via phpMyAdmin is restricted to the 100MB limit. Above this value, the technician responsible for the website must dismember the database in smaller banks up to the limit mentioned or use remote access tools for total import. Such a procedure is not covered by the support.
In few words...
Backup is possibly the most important concern you can have with your data. We do, but you must show even greater zeal by creating and maintaining your own backups, which are your responsibility.
Shared hosting and reseller hosting plans are on shared servers, which means that your account is hosted with several other accounts, which use the same email service, databases, FTP and all other services of servers, all under a range of IPs. Therefore, everything that happens in the shared environment, directly or indirectly affects all accounts hosted there, similarly to residents of a condominium that use common area items and, for this reason, among others, the security aspects are very important.
Account and server security situations and responsibilities:
- 10.1. The user who causes the server's IP to be blocked, either by direct actions or by negligence to any of the security protocols required to use the services, may be held responsible for adopting the necessary remedial measures resulting from the block. The following are some direct or indirect actions that may cause the IP or server to be blocked and that may cause the person responsible to take measures to correct the problem and compensate for losses:
- Bulk sending (newsletters, communications, email marketing, promotions, disclosures, distribution lists, etc.);
- Sending SPAM;
- Phishing, whether voluntary or due to the lack of corrective / preventive actions, such as not adopting secure passwords and using tools to ensure that the account access device is free of malware;
- Refuse to prove that account access devices are secure;
- Access the server's resources (e-mail, FTP, cPanel, ssh, etc.) through networks or devices whose security cannot be guaranteed (ex: open / public Wi-Fi);
- Use of passwords with low security standards or use the same password for different resources (ftp, cPanel, e-mail, etc.);
- Provide your access data to third parties;
- 10.2. Blocking the IP of the server mentioned and in the conditions of the topic, will result in a fine of U$100.00 applied to the account that causes the block;
- 10.3. It is the user's responsibility to use secure passwords for all types of account access. So always use complex passwords, combining upper and lower case letters, numbers and special characters. A good password must be at least 8 (eight) characters, but 14 (fourteen) is recommended
- 10.4. Whenever it is absolutely necessary to provide your password to third parties, for example, to our support team, use a temporary password or change it after use;
- 10.5. Be careful when accessing any resource that requires a password (e-mail, cPanel, FTP, etc.) on devices (computer, smartphone, tablet, etc.) whose security you cannot guarantee, such as in a friends' computers or on Wi-Fi public networks;
- 10.6. Keep in mind that every device is subject to being compromised by malware (Trojans, spyware, worns, etc.) and therefore, often use good anti-malware tools to monitor and scan for threats, as many of them are capable of Password “theft”, which can be “just” from your email account, but can also be from your credit card or Internet Banking;
- 10.7. Currently it is common for sites based on free and open source CMSs. Many of them have dozens and in some cases, hundreds of security flaws that allow different levels of hacking or exploitation of the account, for example, to carry out DDoS attacks. It is your responsibility to keep such applications up to date, as well as to apply corrections to existing flaws.
- 10.8. In the event that there are no patches for unsafe applications and the account holder is unable to make the necessary correction, vulnerable components or applications should be removed from the account.
- 10.9. Whenever you identify or at least be suspicious of situations that put your account at risk (website, email, databases, etc.), let us know.
- 10.10. If our technical management identifies situations that put the hosting environment at risk, we may apply measures to preserve the server, services and other users, which may include:
- Removal of content that could endanger the server or any other aspect provided for in this term.
- Change passwords for email accounts, cPanel, FTP, databases, etc.
- Request ways to prove that the computer that has access to the account is free of malware, by providing logs of programs specifically intended for this purpose.
- Update of CMSs.
- Blocking account folders.
- Suspension of the hosting account.
- Lowering of resources.
- Account cancellation.
- 10.11. Technical Support does not cover content created or altered by the user and it is the user's responsibility to adopt all necessary procedures and guarantees to keep it safe according to good programming practices or correct it, when vulnerability or even indications are identified.
- 10.12. Forms, registration systems and administrative area login, must use protection features, such as captcha or equivalent, as well as secure passwords. If there are signs of problems in these aspects, the measures provided for in item "10.10." of this chapter.
- 10.13. Although we work for zero failure rates, technical problems can occur with possible data loss and it is therefore the user's responsibility to keep up-to-date backups of all data present in the account. Our backup systems are primarily intended for our guarantee and data recovery.
- 10.14. If a situation is identified that could put the hosting environment at risk, HostMedia will be able to update, change, disable server services or block suspicious attitudes and range of national or international IP's without prior notice, as it is an emergency situation.
In few words...
The security of your content depends primarily on yourself and is a direct result of what you do and the care you take. Behave with your data, with the same care that you take with regard to your personal security. We work to give you a safe environment, but there are precautions that depend on you and your concern and the importance you attach to your data. The precautions may seem exaggerated, but when it comes to security, it never hurts.
Providing domain hosting services and everything related, involves a series of technical aspects and appropriate infrastructure. Like everything related, there are cares and situations that necessarily can or will occur and that are inevitable to guarantee the services:
- 11.1. There are two possibilities regarding the maintenance of our network servers:
- Scheduled: In these cases, HostMedia will issue a statement addressed to the e-mail in the register. It usually occurs at night or in the early hours and on weekends or holidays.
- Emergency: Occurs when software or hardware has failures or even signs of failure, which require immediate action so that data is not lost or the security of the hosting environment is at risk. In this case, there is no prior notice and the necessary procedures will be adopted when it is more appropriate to the technical team or necessary.
- 11.2. Usually emergency maintenance is the result of some hardware or software failure. Both situations can be unpredictable and in many cases the correction too and, therefore, the time needed to reestablish services cannot be predicted.
- 11.3. Maintenance when requested by the user, will be subject to confirmation as to its need by the technical area and if proven, scheduled according to our availability.
- 11.4. When maintenance takes place directly in the datacenter where we host our servers, prior communication will depend on whether it is programmed by the datacenter or on an emergency basis and in this case, it releases us from prior notice.
In few words...
In the same way as your personal computer, your smartphone, your car or home appliances, servers and the infrastructure used in hosting, they also need maintenance. Sometimes this maintenance can be predicted and scheduled. At other times, no, but we will always do our best to ensure that it has no impact.
12. Customer Service
Technical Support, Sales and Billing, are provided to assist the user in relation to various aspects in which the user encounters difficulties or has doubts. For this, there are a series of procedures, care and situations that, if observed, make support more agile and efficient:
- 12.1. The available support channels are the chat and tickets, with the following hours:
- Chat - Monday to Friday, from 9AM to 6PM (EST). There is no support on national holidays.
- Tickets - 7 days a week and 24 hours a day, include national holidays.
- 12.2. The available service channels can be changed if necessary or according to demand.
- 12.3. The response time for tickets is up to 24 hours for questions of a technical nature, unless the necessary procedures or complexity of the question requires more time or there is a dependence on user information that is not contained in the ticket.
- 12.4. Failure to meet the deadline stipulated in the above item does not result in a fine or penalty of any nature for HostMedia.
- 12.5. The customer service provided at weekends, holidays and outside business hours, is called Technical Duty and prioritizes issues according to the topic above "12.4.".
- 12.6. The answers are given in order of opening the ticket. Thus, users who opened calls before you will be answered first, except for emergencies, such as unavailability of services.
- 12.7. When a service is unavailable, check the following points:
- If there is no payment pending associated with the service in question.
- Check that the domain's DNS is assigned to HostMedia, published and propagated.
- If the domain is not expired or blocked.
- Check that the DNS zones are correctly configured.
- Whether there is Internet connectivity from the device used.
- Test accessibility through other access points or connections.
- 12.8. Do not open two or more tickets on the same subject. Such a procedure increases the service time instead of shortening it. In addition, important information about the issue can be contained in different tickets, compromising the efficiency of the solution and the response.
- 12.9. Always provide complete and accurate information. This makes service faster and more accurate.
- 12.10. Try to direct your questions or difficulties to the correct department. For example, opening a ticket about payments to Technical Support will take your response longer, since your ticket will have to be transferred to another department and will enter the end of the support queue.
- 12.11. Before resorting to any of the customer service channels, always make sure your question is not addressed in one of our tutorials.
- 12.12. In cases in which HostMedia ticket for a breach or security issue, the maximum response time is 48 hours. If there is no interaction on your part, it may result in partial or complete suspension of the account.
- 12.13. The support via chat is intended for simple questions that can be resolved in a few minutes. Events that require more support time and, above all, analyzes and tests, should be dealt with by opening a ticket at your account.
- 12.14. Customer Service provided under conditions of exception or courtesy, does not imply further repetition.
- 12.15. If it is identified that any problems in the service are the result of intentional misuse or abuse, customer service may be provided under specific pricing or even terminated.
- 12.16. It is the customer's responsibility to keep his registration updated and, above all, his email address, which is the main means of HostMedia with the customer. Therefore, in the event of incorrect or outdated data, which prevents our contact with the customer, HostMedia is automatically exempt from liability.
- 12.17. The customer service team may ask the client to provide additional information in order to confirm the identity of the person responsible for the account and mainly to analyze any reported problems. When this occurs, the refusal to provide such data, it can imply in the end of support.
- 12.18. Addressing our attendants in an appropriate manner, using simple language, participatory stance, respecting the rules of education and respect for others. The use of crude or vulgar expressions and even the lack of respect, may result in interruption of service or even in the provision of services.
In few words...
Our customer service is designed to resolve issues with the servers and services we offer, but there are issues that are the responsibility of the client/user and it takes common sense, understanding, respect and collaboration from the client to be able to serve you efficiently.
13. Technical Support
Technical Support is able to help you in a wide range of situations, as long as they are strictly related to the service we offer. It is important to be able to distinguish what support assignments are and which ones you should seek outside assistance or act on your own:
- 13.1. They are covered by the technical support of HostMedia and their duties are:
- Ensure the proper functioning of the tools that make up the hosting service, such as the features of cPanel (control panel) or Apache (web page display service).
- Perform procedures on the server that the user does not have access to, such as, for example, personalization of certain DNS zones. In this specific case, when referring to external services, the necessary information must be provided by the support of the person involved.
- How to use the tools we offer, with the exception of CMSs that are installed via Softaculous, which is nothing more than the automation of the CMS installation process, such as Joomla or Wordpress.
- Configuration of services according to the requirements of the installed applications, noting that it is the user's responsibility to inform such requirements and provided that it does not require the installation of services that are not part of the standard services of our shared servers.
- Provide information about features and settings of the services that are part of the servers.
- Account migration, as long as the necessary technical conditions are observed for the effective migration and collection of amounts previously informed for the procedure, when applicable.
- Clarification of questions regarding the characteristics and functioning of the services and the server.
- Verification and correction of eventual errors in the services or in their configurations.
- 13.2. It is not covered by the technical support:
- Third party code/programming evaluation, correction or change.
- Support for the installation, use or configuration of services that are part of the plans, such as example "webmail system".
- Analysis of website error logs.
- Fixed security issues with CMSs or other third-party tools.
- Removal of content resulting from hacking.
- Remote access to user's device, for configuration or identification of local problems.
- Provision of server logs. Its use can be made by our team when we think it is relevant to solve a certain occurrence, or to clarify questions or as a testimony of infraction.
- Creation or edition of website through the Website Builder or any other equivalent or similar tool.
- Ensure the integrity of data resulting from account migration from another provider.
- Direct technical support is not provided to hosting reseller customers, through any of our service channels. Any and all questions related to resale customers are dealt with exclusively through resale hosting.
- Correct or reconfigure accounts and associated services, when the account owner provides access data to third parties, who have provenly changed the service standards.
- Provide support for software or applications on the user's computer or other device, necessary to access or use hosting services.
In few words...
Technical Support is restricted in scope to the resources of our servers and services. Issues involving the website (operation, maintenance and creation) and applications used to create and maintain it are the responsibility of the client.
By nature, promotions are temporary, so some important points about promotional services need to be highlighted:
- 14.1. HostMedia can at any time, with or without prior notice, interrupt promotions, as well as change amounts and payment terms.
- 14.2. Services and prices that are not on our website, cannot be contracted under previous prices and conditions.
- 14.3. Each user/register can enjoy only one promotional package, unless the conditions of the current promotion determine otherwise.
- 14.4. Clients of old plans - which are no longer on our site - may be asked to upgrade to any of the plans in effect at the time of server migration, upgrade of plan features or depletion of used resources.
- 14.5. Free services, linked to services that have been purchased, may be charged in the future.
- 14.6. All free services will be automatically stopped when the paid service to which you are associated is canceled.
- 14.7. Free promotions and services are non-transferable, that is, they apply only to the client who originally had such benefit.
In few words...
Like every company and every product or service, the prices and promotional conditions cannot be maintained forever. They are a temporary condition and it can change.
15. Billing and Payments
The availability of the contracted services is only possible by maintaining a series of infrastructure items that HostMedia has updated and offers at a very competitive price. Therefore, to avoid interruption of services or even their cancellation, with possible loss of data, it is recommended to be aware of the related financial issues:
- 15.1. Payments for services are recurring and are automatically renewed, as long as the customer or HostMedia do not manifest themselves to the contrary.
- 15.2. Payments occur in frequency according to the option that is made at the time of order and which can be: monthly, quarterly, half-yearly, annual, biennial or triennial.
- 15.3. The service fees may be adjusted according to market conditions, such as inflation, exchange rate variations, taxation and changes in the policies or commercial conditions of our suppliers. Whenever it occurs, HostMedia will communicate in advance by email, forwarding to the address on your registration.
- 15.4. Pending inovice for a period equal to or greater than 5 days will result in suspension of services. If the period is longer than 30 days, the account is subject to cancellation.
- 15.5. In the event of there being two or more payments pending, the settlement of the last one, does not give discharge to previous debts.
- 15.6. Late payments are subject to an increase in fines and interest.
- 15.7. The reactivation of suspended services occurs within 24 hours from the confirmation of payment and if there are no other pending issues.
- 15.8. The domain registration and renewal service is only effective upon confirmation of payment by the financial institution.
- 15.9. If necessary or in the interest of the client to change the due date, the pro rata amount calculated between the previous and the new due date will be added and charged at the next due date.
- 15.10. The suspension of services for default, does not exempt from payment the days when the services are suspended, as we continue to have costs with data storage, software licensing, etc.
In few words...
Like you, HostMedia can only provide you with the service you use, if it obtains the resources to maintain its infrastructure. Thus regularity and accuracy of payments is essential for you to have functional services.
HostMedia will be able to terminate any services immediately, without prior notice and consequently terminate this contract, in case of violation of the legislation or situation of abusive use of the services that causes losses of any nature to the other users sharing the server, network and/or infrastructure.
The customer can at any time request the cancellation of any ordered service, with the following reservations and observations:
- 16.1. There are specific rules for domain registration, which must be observed and which prevail over the cancellation conditions provided for here.
- 16.2. The cancellation must be made through the appropriate form contained on our website or through the Client's Account using the option intended for this purpose.
- 16.3. There is no refund for domain names registration.
- 16.4. In the case of VPS Hosting or Dedicated Servers, the cancellation must be communicated 30 days in advance, in relation to the payment date, and the payments until the cancellation must be paid.
- 16.5. The cancellation of any services, whether at the request of the client or HostMedia, does not invalidate or settle debts prior to the cancellation.
- 16.6. The non-use of the contracted services by the client does not imply automatic cancellation nor does it exempt him from paying the amounts on the dates corresponding to the contract.
- 16.7. The cancellation may be done unilaterally by HostMedia, if the client or the content hosted by it, damages any point of the US Constitution or poses a threat to HostMedia or the clients.
- 16.8. In the case of ordering hosting from the quarterly periodicity, with the cancellation 45 days after contracting and before the end of the contracted period, there will be a refund of 30% of the amount referring to the days or months that will not be used. The refund will be made within a maximum period of 7 working days after confirmation of cancellation.
- 16.9. After confirming the cancellation of the services, all data in the account are removed immediately. Therefore, it is the customer's responsibility to back up all their data, prior to the cancellation request.
- 16.10. The recovery of data removed after cancellation, can be done through technical consultation and is possible, for a single fee of U$100.00.
- 16.11. Pending invoice for a period equal to or greater than 30 days, will result in automatic cancellation of the service linked to the pending payment, with no possibility of data recovery, except if noted in the topic above "16.10.".
In few words...
Observe the cancellation rules, which can be done by you or by us. For our part it will only be done if you do not follow the rules that aim at a good hosting environment for everyone we host. If it occurs, we will always follow what is practiced in the market and respecting mutual rights.
17. Uptime Guarantee (SLA)
The Service Level Agreement or simply SLA, is a term used in the middle to designate the percentage of time that services are available during a month and reflects our commitment to keep services functional and accessible. Below are the points related to the subject:
- 17.1. Compliance with the SLA includes the following aspects:
- Existence of a link to the server provided by the datacenter, through which his data travels and to him.
- The server is operational.
- The server systems and services are functional and respond according to your usual standards.
- 17.2. Occurrences that are not caused by one of the above points, do not form part of the guarantee provided for in the SLA.
- 17.3. Our minimum SLA is 99.9%, that is, we stipulate that the services should be accessible for 99.9% of the time within a month.
- 17.4. In the event that the minimum SLA is not reached, the user may receive a reduction in the payment for services according to the parameters below:
- 10% discount if the server and/or link and/or services are unavailable up to 2% of the number of hours covered in a month.
- 20% discount if the server and/or link and/or services are unavailable between 2% and 4% of the number of hours covered in a month.
- 30% discount if the server and/or link and/or services are unavailable between 4% and 6% of the number of hours covered in a month.
- 40% discount if the server and/or link and/or services are unavailable between 6% and 8% of the number of hours covered in a month.
- 17.5. If there is an occurrence that exceeds the minimum SLA, the discount applied based on the situations provided for in the above topic, will be granted only in the payment following the occurrence which led to the non-compliance with the SLA.
- 17.6. The following situations cannot be considered for the purpose of non-compliance with SLA and, in this way, relieves HostMedia from complying with the SLA established here:
- DDoS or DoS attack on website (s) hosted on the server.
- Scheduled maintenance for technical adjustments to server hardware or software, which take place under conditions provided for in the appropriate chapter.
- Emergency interventions that may be necessary for the adoption of procedures aimed at the security of the server or even its operation, such as software updates, reconfiguration, installations.
- Suspension of service determined by the competent authority, for example, by justice.
- Abusive use by a user hosted on the server, which may overload the server in terms of processing, memory or link.
- Incorrect use, neglect of security, incorrect settings, etc.
In few words...
We value a minimum level of service provision. Than depending on HostMedia we will do our best to ensure your website is accessible for the longest time, but there are metrics and conditions for that. Watch out for them.
18. Discontinuity of Services
HostMedia makes efforts to maintain a wide range of services covering various aspects of the Internet, however, it reserves the right to interrupt the provision of services due to the following items:
- 18.1. Technical impediment that causes difficulties in such services.
- 18.2. Commercial unfeasibility that prevents maintaining a profitable service.
- 18.3. Low demand or lack of interest in a given offer.
- 18.4. High service maintenance resources.
Therefore, at any time, without prior notice, if a particular service is not accessible for any of the reasons listed, its supply may be interrupted, without the need to supply an equivalent and without prejudice to reimbursement or compensation for losses of any kind. nature.
In few words...
The services that appear on our website today may no longer be available for various reasons tomorrow and there is no obligation to maintain their supply indefinitely.
19. Third Party Services
The provision of services originating from third parties, that is, created and maintained by other companies, for example, cPanel, Webmail (RoundCube, Horde, etc.), Apache, MySQL, etc., as well as the support associated with them, is covered by HostMedia according to some aspects, as follows:
- 19.1. Whenever security issues require, we will update the services to the latest stable version available, without prior notice.
- 19.2. We do not downgrade any service installed on the server. When necessary and when possible, the account can be migrated to a server with an earlier version.
- 19.3. Bugs or any type of failure in third party services, will be corrected by the developer/maintainer of the service, within a period determined by him for this purpose.
- 19.4. Some services have automatic updates, which can occur without notice, especially when they involve security aspects.
- 19.5. The removal of the resource or the inclusion of a new one on the part of the developer of the service is the sole responsibility of the same and HostMedia cannot interfere.
- 19.6. Adjustments to the website, settings or programming resulting from updates to any of the services the website uses are the sole responsibility of the user.
- 19.7. The discontinuation of any feature of previous versions of cPanel or services (MySQL, PHP, etc.) is not covered by support and depends exclusively on the companies that develop and maintain the respective features.
- 19.8. HostMedia is not obliged to configure the services contained in shared servers (PHP, MySQL, cPanel, Exim, etc.) differently from the server's standard. As it is a shared environment, we favor the service of most users and security.
- 19.9. HostMedia will not be responsible for losses and damages of any nature caused to the customer, as a result of failures in third party software/services present on the server.
- 19.10. Features such as Softaculous may no longer be provided or the items that integrate it may be removed without notice, however, keeping everything that has already been installed in the account.
- 19.11. Support is not provided for the use of third party applications, such as Wordpress or Joomla. The support's role is only to guarantee its functioning.
- 19.12. The provision of information on settings or requirements for installing or operating an application (Wordpress, Joomla, Magento, etc.) is the responsibility of the support of the respective developer of the application.
In few words...
There are services and tools that we provide, which are created and maintained by other companies (third parties) and, therefore, changes, functioning and resources, depend exclusively on such companies.
- 20.1. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" AND THAT YOU, ON BEHALF OF ALL COVERED USERS, ARE ACCEPTING THE SERVICES WITH ALL FAULTS, WHETHER OR NOT IMMEDIATELY APPARENT. TO THE FURTHEST EXTENT OF APPLICABLE LAW, HOSTMEDIA AND OUR REPRESENTATIVES (i) EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL EXPRESSED OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (ii) DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR OF ANY COVERED USER, OR THAT THE SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED; (iii) DO NOT MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE SERVICES; AND (iv) ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION OR FAILURE TO STORE COVERED USER DATA.
- 20.2. HOSTMEDIA MAY MAKE THIRD-PARTY GOODS, SERVICES AND/OR SOFTWARE AVAILABLE TO YOU THAT ARE NOT PART OF THE SERVICES ("THIRD-PARTY SERVICES"). HOSTMEDIA HAS NO CONTROL OVER THE CONTENT OF THIRD-PARTY SERVICES. USE OF ANY THIRD-PARTY SERVICES WILL BE AT YOUR OWN AND SOLE RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF A SEPARATE AGREEMENT BETWEEN YOU AND THE THIRD-PARTY.
In few words...
We as a company will strive to provide the best possible service, but we cannot include a warranty.
21. Limitation of Liability
- 21.1. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF HOSTMEDIA HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT HOSTMEDIA WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST HOSTMEDIA ARISING OUT OF SUBSCRIBER'S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF HOSTMEDIA'S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.
- 21.2. IN ADDITION, YOU AGREE THAT HOSTMEDIA IS NOT RESPONSIBLE FOR ANY DATA COMPILED BY OUR SERVICES AND THAT HOSTMEDIA WILL NOT BE LIABLE, IN ANY MANNER, AS A RESULT OF YOUR EXPOSURE TO ANY DEFAMATORY, LIBELOUS, THREATENING, UNLAWFULLY HARASSING, OBSCENE OR OTHERWISE UNLAWFUL CONTENT OR DATA. IN NO EVENT SHALL HOSTMEDIA, OR ANY THIRD PARTY PROVIDER OF ANY COMPONENT OF THE SERVICES OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICES, BE LIABLE TO YOU AND/OR ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES, CONTENT, PRODUCTS, THE USE OR INABILITY TO USE THIS WEBSITE, OR ANY LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSSES, LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF HOSTMEDIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.
- 21.3. IN NO EVENT SHALL HOSTMEDIA'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO HOSTMEDIA FOR THE SERVICE DURING THE PRIOR TWELVE MONTHS PRIOR TO THE ACCRUAL OF THE CAUSE OR CAUSES OF ACTION. SOME JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATIONS, AND IN SUCH JURISDICTIONS THE FOREGOING LIMITATIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- 22.1. You agree to defend, indemnify, and hold HostMedia and its Affiliates harmless from and against any and all claims and liabilities, including reasonable attorneys' and experts' fees, related to or arising from:
- any breach of Your covenants under this Agreement;
- your use of the Services;
- any defamatory, libelous or illegal material contained within Your Content or Your information and data;
- any claim or contention that Your Content or Your information and data infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity;
- any third party's access or use of Your Content or Your information and data;
- any violation of the applicable Acceptable Use Policy. In the event of a claim under this section, HostMedia shall be permitted to select legal counsel to provide a defense to such claim.
- 22.2. HostMedia reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from You, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of HostMedia, which shall not be unreasonably withheld.
- 23.1. Every provision of this Agreement will be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will be deemed severed from this Agreement, and all other provisions will remain in full force and effect.
- 24.1. The failure by HostMedia at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by HostMedia will not be deemed a continuing waiver but will apply solely to the instance to which such waiver is directed.
- 25.1. You may not assign or transfer any part of this TOS without the prior written consent of HostMedia. HostMedia may assign the Terms of Service to a Representative or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets or a controlling interest in its ownership.
26. Force Majeure
- 26.1. HostMedia shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control, including but not limited to: acts of God; war, riot, embargoes, acts of civil or military authority, or terrorism; fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software for so long as such event continues to delay HostMedia's performance.
27. Governing Law
- 27.1. This TOS and all agreements incorporated by reference shall be governed by the laws of the State of Florida without regard to its choice of laws or conflicts of laws principals. All disputes between you and HostMedia of any nature shall be brought before, and venue shall be proper in, the federal and state courts located in Orange County, Orlando, Florida. Neither party shall contest notice from such a court. THE PARTIES EACH WAIVE TRIAL BY JURY IN ANY DISPUTE. The U.N. Convention on Contracts for the International Sale of Goods shall not apply. Client acknowledges and agrees that pricing is based in large measure on the parties’ respective rights, obligations and limitations set out in this agreement.
28. Entire Agreement
- 28.1. This Agreement, and Service Orders effectuated hereunder represents the entire agreement between you and HostMedia with respect to the Services and supersedes all prior oral and written understandings, communications, or agreements between you and HostMedia regarding that subject matter. No amendment to or modification of this TOS will be valid or binding unless it is in writing and executed by authorized representatives of both Parties.