For Hosting Intellect Companies
Hosting Intellect, LLC values you as a customer. In order to ensure you receive the best level of Service, please read this Hosting Agreement—which incorporates and includes the following:
- Terms of Service;
- Acceptable Use Policy;
- Service Level Agreement;
- Copyright (DMCA) Policy;
- Support Policy
We want to make sure you understand what you can and cannot do, what to expect from Hosting Intellect’s Services, and your privacy rights. These policies and terms of Service are an agreement that governs your purchase and use, in any manner, of all Services ordered by you and provided by Hosting Intellect. By virtue of ordering and using Hosting Intellect’s Services, you necessarily agree to be bound by the terms and conditions contained herein.
As used in this Hosting Agreement (hereinafter “Agreement”), “Hosting Intellect,” “us,” “we,” “our,” “Company,” and grammatical variants thereof means Hosting Intellect, LLC. “Customer,” “you,” “your,” and grammatical variants thereof refers to you, or if you are authorized, the company or organization you represent. This Agreement sets forth the general terms and conditions of your use of our website and/or the products and services made available by us (“Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services. The Company reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing and future customers. The Company may make changes or modifications to referenced policies, fees, and guidelines without notice to you. Your continued use of the Services following any changes or modifications will constitute your acceptance of such changes or modifications. You agree to receive any updates to the terms in this Agreement by accessing our website. You are bound to the Agreement that is currently in effect, not the Agreement that was in effect when you registered.
1. TERMS & EFFECTIVE DATES
A) This Agreement is effective as of the date you order The Company’s Services and shall continue for an initial term of one month and shall be automatically renewed each month for additional one month billing terms unless and until sooner terminated pursuant to the provisions of this Agreement.
B) Either The Company or Customer may terminate this Agreement at any time for any reason upon providing at least a twenty four (24) hour advance notice in writing.
C) Upon termination of this Agreement, Customer must fully pay The Company for all Services partially or fully provided to Customer by The Company prior to termination. Additional cancellation terms are outlined in Section 3 of this Agreement. If credits remain in Customer’s account, they will be forfeited upon cancellation. Credits are non-refundable.
D) Notwithstanding the provisions of this Article, The Company reserves the right to immediately terminate this Agreement by and between any Customer believed to conduct, participate in, allow, or facilitate any prohibited activity as described in our Acceptable Use Policy.
2. TERMS OF SERVICE
A) Service(s) Provided: The Company will provide Customer with the Service(s) ordered, as they are described on our website, billing system, or in a custom quote. In case of a conflict, the billing system or quote takes priority. Customer understands and agrees that The Company will host and create the Services solely in accordance with the information provided by Customer. Customer agrees to use The Company’s Services in accordance to this Agreement, including The Company’s Acceptable Use Policy.
B) Customer Support: The Company, either directly or through its assignee or licensee, will provide support to Customer relating to The Company Services. Any support which The Company may provide to you shall be at The Company’s sole discretion and once commenced, may be terminated at any time by The Company without notice to you and without any liability to The Company. The Company will provide reasonable technical support via their ticket system to Customer during The Company’s normal technical support hours. Notwithstanding any discretionary provision of customer support, The Company has no contractual obligation beyond maintaining basic server function. The Company will keep Customer’s Service up and functional, and will address Customer support tickets within a reasonable response time. Additional provisions are outlined in The Company’s Support Policy.
C) Bandwidth Overage: Going over your allocated bandwidth will result in Service overage fee(s). Customer is responsible for their Service(s), so please ensure that you secure your passwords and server correctly to avoid any overages. Bandwidth either resets on the first day of the month or at the recurring payment date of your Service, depending on the specific Service. Service overage fees are assessed on the first day following the last day of the previous billing cycle. In the event that Customer cancels Service prior to the last day of the billing cycle, an invoice for any bandwidth overage will be generated and due immediately. If Customer cancels service at the end of the billing cycle, an invoice will be generated at the close of the cycle for any bandwidth overage and due immediately.
D) Shared Hosting Disk Space: Disk space on Shared Hosting is allocated based on the plan ordered. Customer is permitted to use more disk space than allowed by the plan ordered, however an overage fee will be assessed for the additional disk space used. Disk space may be used for any purpose, except for any activity or purpose prohibited by the Acceptable Use Policy.
D) IP Change/Blacklist: In the event that you receive an IP address that is on a blacklist, you have up to 24 hours from your order date to report it to The Company for a change. Any other IP changes after this initial 24 hour period will result in an IP change fee, as stated in our Fee Schedule. Please keep in mind that The Company reserves the right to charge a $25 fee if your Service(s) is cancelled/suspended and The Company has a reason to believe that you caused the IP address to go on a blacklist due to e-mail spam.
E) Abuse Policy: Customer acknowledges that any prohibited activity as described in The Company’s Acceptable Use Policy may result in immediate cancellation/termination without refund or notice. However, at our discretion, we will generally follow the guidelines below:
First offense: Customer contacted; abuse report sent — response required within 24 hours or suspension;
Second offense: Customer’s Service suspended; Customer must contact The Company to appeal abuse report;
Third offense: Customer account closed — all Services will be suspended and terminated.
F) Affiliate Program: Customers who promote The Company’s Services can request to join our “Affiliate Program,” in which qualifying Customers are remitted a portion of the revenue resulting from their promotion of The Company. The current default payout rate is recurring 20% with a minimum payout of $50.00 and payments made periodically via PayPal upon withdrawal request by Customer or applied as account Credit. Any promotional amounts above 20% may be changed at any time, and all change in payout amounts apply to all future commission calculations. Promotional amounts are void if coupon is used and in recurring cases The Company may revert payout rate to the default payout rate. The Company reserves the right to modify payout amounts at any time, without notice, and may change rates per Customer based on referral volume, type, and profit. The Company must verify to its satisfaction that Customer legitimately promoted The Company’s Services. Customer must use best effort to ensure they do not knowingly result in fraudulent payments or referring/promoting The Company to existing The Company users. Customers must abide by the policies enclosed in this Agreement and The Company has a strict no-spam policy; Customers who use mass mail or spam (including but not limited to: cookie stuffing, unsolicited e-mails, non-disclosure, providing false information, self-referrals) to disseminate a The Company referral link, or Customers that have their account closed as a result of any abuse or policy breach, will be subject to Suspension and/or Termination and forfeit any claim to remittances in connection with the Affiliate Program. Affiliate Program members are responsible for following all applicable rules and laws regarding affiliate programs.
G) Free Offers: Any Services offered for free as part of another plan are intended for use for that Customer’s plan only. Customers who resell/transfer such free Services to others are in violation of this Agreement, and The Company reserves the right to cancel the free offer.
3. BILLING & FEES
A) Agreement to pay: As consideration for The Company’s Services, Customer agrees to be charged upon request and/or use of any The Company Service(s), including any fees assessed in connection therewith. Customer agrees to pay The Company the aggregate fees, whether one-time or periodic, in whole, when due, based on the provided Services and terms selected, according to the terms provided herein. Services are provided as they are described and at the price advertised (in US Dollars) on The Company’s website. The Company reserves the right to demand payment in full when due, and does not waive that right in the event of any discretionary deferment.
B) Fee Schedule: The Company’s Fee Schedule reflects the current charges for Services performed outside of regular support boundaries. Customer agrees to be charged and to pay for any fees assessed by The Company in accordance with this Agreement. The Company reserves the right to modify the posted fees at any time, active upon posting, without direct notice to the Customer, who agrees to receive any updates to our Fee Schedule by accessing this Agreement on our website. Customer must upgrade to a regular, non-discounted plan to be able to use any additional Services. If Customer’s plan was purchased at a promotional or discounted price, that discount is voided if any of the fees in the Fee Schedule are requested or assessed.
D) Authorization and Cancellation: By making a payment, Customer agrees that all charges, as well as future charges, are authorized. Customer has thirty (30) days to dispute any aspect of The Company’s billing. In the event that a payment is disputed, The Company may suspend or terminate Service(s) or the Customer’s account, and Customer is responsible for covering any losses, in addition to any fees such as charge-back fees, as well as attorneys’ fees. If the matter is resolved, Customer is responsible for paying any applicable Service re-instatement or re-connection fees.
E) Recurring Payments: If Customer signs up for a Service involving recurring payments, Customer is responsible for cancelling Service(s) twenty-four (24) hours before the end of the billing term, otherwise an invoice for the next billing term will be generated and due. The Company automatically captures payments one (1) day before the end of the billing term, but reserves the right to do so as soon as seven (7) days before the end of the billing term. Customer permits The Company to reattempt to capture payment if the first capture attempt fails. Any late captured payments will not prevent Service termination and you must contact The Company to have your Services manually re-activated. The Company will not honor any refunds as a result of Customer’s failure, mistake, disregard, or neglect to cancel their subscription in a timely manner. Thus, it is Customer’s responsibility to send in a cancellation request in a timely manner through The Company’s automated system by clicking the “cancel” button and completing cancellation. “Cancellation” means that the Service will be fully terminated at the end of the term, and no invoice will be generated for the next term; therefore, please do not request a cancellation in attempt to disable recurring billing. Please also keep in mind that The Company’s automated system is not capable of doing refunds for BitCoin or other Cryptocurrency payments in any situation, and Customers who use BitCoin or other Cryptocurrency forfeit any refund claim granted in these terms or otherwise.
F) PayPal Subscriptions: For recurring PayPal payments, Customer bears the responsibility to cancel the subscription from PayPal, if necessary. Any PayPal subscriptions that are not cancelled, even if Customer’s Service is cancelled by The Company, will result in the funds being deposited into Customer’s The Company account, and subject to The Company’s strict deposit terms in this Article—no refunds.
G) Administration Fee: Customer agrees to pay a twenty-five dollar ($25.00) Administration Fee, which will be charged to Customer’s account in the event of the following situations, also reflected in our Fee Schedule:
Any returned payment and/or collections efforts;
Any withdrawal of Customer credits (if offered);
Any disputes/holds/chargebacks on payment;
Any suspension or termination due to prohibited account behavior;
Any suspension that necessitates manual processing outside our automated system;
Any custom billing administration outside of current Company policies;
Any blocklisting caused per IP address;
H) Suspension and Termination: “Suspension” means Customer cannot use their Service(s), which can be automatically resumed after payment is made. “Termination” means Customer’s Service(s) and associated data are lost forever, with outstanding balance still due. The Company is not responsible for data loss due to Termination. In the event that Customer does not request to cancel their Services and an invoice is generated, but not paid, it will remain as an invoice and must be paid, even after Termination for failure to pay. This invoice must be paid before Customer can successfully make a new order in the future. Customer may pay the invoice at any time by contacting customer support. Customer is required to pay off any invoices generated. The Company is not required to remove already-generated invoices for existing Services, as The Company has made the cancellation policy very clear. Dedicated servers which are suspended may be subject to a reconnection fee.
I) Invoices: Customer agrees to be charged and make payment immediately when a new invoice is generated. Invoices are generated as soon as a new Service is ordered and automatically seven (7) days before the next billing term for existing Services. If Customer orders a new Service and decides to cancel the order once an invoice is already generated but before payment, The Company will automatically remove the invoice periodically. However, if Customer makes an error and wants to create a new order immediately, The Company can clear the erroneous invoice and replace it according to Customer’s request. For existing Services, once an invoice is generated, Customer is required to make the payment before the due date. The Company suspends your Service three (3) days after the due date, and terminates Customer’s Service completely after thirty (30) days of being overdue.
J) Refund Policy: The Company will offer a full refund for any Services requested to be discontinued within 45 days of purchase; however, exclusions apply as follows:
This guaranteed refund only applies to the first refund for the first and single payment on a single Service that the Customer requests, limited per client, per household (such as using the same internet connection, address, payment information.) This guaranteed refund does not include any “One-time Setup Fees” or “Monthly Additions” ordered. Afterward, The Company will handle refund requests on a case-by-case basis at our sole discretion;
Certain Services and fees are non-refundable. These include any domain name purchases, special/custom purchases, limited support packages, dedicated servers, domain registrations, administrative fees, software licensing fees, and any product specifically labeled as non-refundable;
Setup fees and any services performed (listed on our Fee Schedule) are non-refundable;
Payments made as cryptocurrency;
PayPal payments are made as partial refunds, less the cost of the PayPal service fee; and
No refunds are given for ANY services (account-wide) in cases of ANY abuse, suspension, or closure of account.
Generally, this means The Company will give Customers a 100% refund for any other hosting or VPS plan for which Customer requests a cancellation and refund within 45 days of purchase. In the event of qualifying down-time, Customer’s account will be credited in accordance with this Agreement and The Company’s Service Level Agreement. If Customer forgets to cancel a recurring payment and does not wish to keep the Service(s), The Company reserves the discretion to offer account credit upon contact within 24 hours. If Customer downgrades Services, Customer will receive a prorated credit added to next term’s invoice: not a refund. All payments made through our deposit system are non-refundable. The Company retains the sole discretion to make refunds without waiving the provisions herein.
K) Collection Efforts: You shall pay all costs of collection, including reasonable attorney’s fees and costs, in the event any invoice requires collection efforts. All accounts referred to a collection agency shall be subject to an additional fee of $25.00, which must be paid in full before the account is reactivated.
L) Currency Fluctuations: International Customers and Customers paying with cryptocurrency bear the risk of currency fluctuations and any fees or taxes associated with the conversion of foreign currencies or cryptocurrency into United States Dollars. The Company reserves the right to withhold Service to Customers until we are able to receive satisfactory confirmation from such Customer’s payment account provider, in our sole discretion, that the funds will be available for debit from the Customer’s account. The Company reserves the right to refuse to provide Service to Customers whose country provided in the contact information does not match that on file for the billing information.
A) Warranty Disclaimer: Except as expressly provided in this Agreement, The Company’s Services are provided on an “as is,” and “as available” basis. The Company expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and/or fitness for a particular purpose.
B) Indemnification: Customer shall indemnify The Company, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys’ fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of you or your agent(s) to fully comply with all duties, obligations and other provisions set forth in this Agreement. You further agree to defend, indemnify and hold harmless The Company, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of you or your agents in connection with the performance of this Agreement. You agree that The Company shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense. All Services provided by The Company to a Customer will be deemed accepted when delivered. In addition, The Company expects Customers to abide by the policies enclosed in this Agreement and U.S. laws as well as any laws within the country in which Customer resides that do not conflict with U.S. laws. Basically, Customer assumes all responsibility for their activities, and if such activities result in any loss of money to The Company or third parties, Customer is responsible for rectifying the situation financially.
C) Contractor Relationship: The Company and Customer are independent contractors and nothing contained in this Agreement expressly or impliedly represents The Company and Customer as having the relationship of principal-agent, partners, or joint-venturers. Neither Customer nor The Company has or may represent itself as having, any authority to make contracts in the name of the other party or bind the other party in any manner whatsoever.
D) Applicable Law: This Agreement is made under and shall be governed by the laws of the Commonwealth of Virginia, except with regard to any conflict of law rules. This Agreement and The Company’s policies are subject to change by The Company without notice. Continued usage of the Services after a change to this Agreement by The Company or after a new policy is implemented and posted on the The Company Site constitutes your acceptance of such change or policy. We encourage you to regularly check the The Company Site for any changes or additions.
E) Arbitration: All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the Commonwealth of Virginia or another location mutually agreeable to the parties. Such arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in Intellectual property and contract law and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
F) Limitation of Liability: The Company’s liability in connection with this Agreement or Services provided shall not exceed the amount paid by customer to The Company during the three (3) month period before the claim arose. The Company shall not be liable for (a) any loss of use, loss of data, or interruption of business or (b) any indirect, special, incidental, consequential, unforeseeable, or punitive damages of any kind (including, without limitation, lost profits), regardless of the form or action, whether in contract, tort (including negligence), strict liability, or otherwise, even if The Company has been advised of the possibility of such damages. Customer acknowledges that these limitations are an essential element of this Agreement, and absent such limitations, The Company would not enter into this Agreement to provide Services.
G) Serviceability: The invalidity or nonenforceable of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
I) Assignment: This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Customer, but may be so transferred, assigned or delegated by The Company.
J) Export Matters: If Customer chooses to use these Services, Customer does so on its own initiative and is responsible for compliance with applicable laws. Customer agrees to comply with all restrictions and regulations of the U.S. Department of Commerce and any other United States or foreign agencies and authorities in connection with Customer’s use of these Services and to not, in violation of any laws, transfer, or authorize the transfer, of any Services (a) into any U.S. and/or U.N. embargoed countries or (b) to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders or Entity List of proliferation concern, or the U.S. State Department’s Debarred Parties List. By using these Services, Customer represents and warrants that Customer is not located in, under the control of, or a national or resident of any such country or on any such list. In addition, Customer may not use the Services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles, in a country listed in Country Groups D: 4 and D: 3, as set forth in Supplement No. 1 to the Part 740 of the United States Export Administration Regulations. Customer assumes responsibility for compliance with laws and regulations applicable to export, re-export or import of products, technology or technical data provided hereunder and for obtaining required export and import authorizations. Customer will not transfer to or through the Services any data, materials or other items controlled for export under the International Traffic in Arms Regulations (“ITAR Data”) or other applicable laws unless The Company has agreed to the transfer and (i) Customer has provided The Company not less than 10 days’ prior written notice that ITAR Data will be transferred to or through the Services, (ii) Customer has received prior written authorization from the U.S. Government to transfer the ITAR Data to The Company, and (iii) Customer agrees to provide The Company with all necessary assistance to enable The Company to obtain such U.S. Government permission. Customer is responsible, and will reimburse The Company, for all costs, expenses or damages incurred by The Company in connection with Customer transfer of ITAR Data.
K) Force Majeure: Except for policy violations as outlined in the AUP and TOS, neither The Company nor Customer will be in violation of the Agreement if the failure to perform the obligation is due to an event beyond either party’s control, such as significant failure of a part of the power grid, sabotage, denial of service attack, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry; provided however if the force majeure event continues beyond thirty (30) days, the performing party may terminate the Agreement.
L) Agreement Versions: This Agreement is the complete and exclusive agreement between Customer and The Company regarding its subject matter and supersedes and replaces any agreement (including without limitation any computer infrastructure hosting and related agreements between Customer and The Company), understanding, or communication, whether written or oral, prior or contemporaneous.
M) Enforceability: If any part of this Agreement is found unenforceable by a court or other tribunal, the rest of the Agreement will nonetheless continue in effect, and the parties agree that any court or other tribunal may reform the unenforceable part if it is possible to do so consistent with the material economic incentives of the parties resulting in this Agreement.
N) Official Language: The official language of the Agreement shall be the English language and no translation into any other language may be used in its interpretation. All services, support, notices, designations, specifications, and communications will be provided in the English language.
A) Prohibited Content: The Company does not permit any Customer to use The Company’s Services for illegal activities, and Customer warrants that it will not conduct, participate in, allow, or facilitate any prohibited activity. Customer agrees not to post, provide, embed, link, or otherwise make available any Customer Content (as defined The Company’s Copyright (DMCA) Policy) that:
infringes on any third party’s intellectual property or publicity/privacy rights;
violates any applicable law or regulation;
involves deceptive or fraudulent activities;
is defamatory, violent, clearly harmful, or obscene or infringes on citizens’ rights;
contains any viruses, worms, Trojan horses, time bombs, cancel bots, port scanning, stress testing, IP spoofing, Phishing, or other computer programming routines that are intended to
damage or interfere with any system, data, or personal information;
attempts to harm The Company’s servers or other servers in any way (Attacks, CPU intensive programs for no reason, etc);
involves spamming (which is defined as unsolicited email that is sent without opt-in confirmation to the receiver and they do not agree to receive the email message), or any type of investment/lottery sites;
involves brute force and other vulnerability-checking programs, even if for security purpose, without the express written authorization of The Company;
involves traffic exchange / relay websites or Services, including autosurf sites, TOR nodes, open public proxies, and topsites list;
involves mass public file storage of any kind (image hosting site, video hosting site, torrents, etc) on shared hosting. Customers may host mass public file storage on VPS or dedicated servers only;
involves high CPU/Bandwidth usage, I/O usage, and network usage, or in any other way disrupting the performance of other customers;
involves constantly receiving attacks on Customer’s Services or failure to secure Services properly;
involves crawling/scraping, loading excessive number of websites, or running web macro plugins/scripts; or
involves running a program/script that is designed to use maximum CPU (such as cryptocurrency miners) and not a general fixed amount equal or lesser to the processing power assigned to your service.
The Company shall have the sole discretion in determining what Customer Content is acceptable, and reserves the right to refuse any other subject matter it deems inappropriate. In the event that any damages are caused by Customer’s violation of this provision, Customer agrees to be liable for all costs associated with reversing the damages. Customer agrees to comply with all applicable U.S. and national laws. Customer agrees to hold harmless and indemnify The Company of any and all liabilities that may arise, either directly or indirectly, with Customer’s performance or non-performance in connection with this Agreement.
B) Circumvention Prohibited: Customer agrees not to circumvent, abuse, or attempt to circumvent or abuse The Company security measures and/or billing system. This includes, but is not limited to: creating multiple billing accounts for the same Customer or from the same household, using multiple accounts to deposit funds exceeding amount of funds permitted, creating a billing account for someone other than Customer, or abusing bugs in The Company’s system. Any abuse will result in account closure and immediate Service termination, without refund. The Company does not honor any pricing mistakes on their website and reserves the right to cancel such orders.
C) Spamming Prohibited: The Company does not permit any type of spamming on our servers or networks. If Customer wants to run a legitimate mail-server or send large amounts of e-mails in a non-spam manner, Customer must ensure that email being sent is legitimate and is not unsolicited in any way. Our Zero-Tolerance Spam approach is outlined in our Zero-Tolerance Spam Policy.
D) High Usage Policy: Any usage by Customer that disrupts the overall performance of our server(s) is not permitted. Customer agrees to operate within the The Company usage parameters, which are as follows:
High CPU: Customer’s Service cannot burst to 95-100% usage for more than five (5) minutes and cannot average higher than 50% usage within any two (2) hour period. Packages advertised to include dedicated CPU, Services with the high CPU option, and any customized Service plans that include high CPU option may burst to 100% at all times.
High Load: Customer’s Service cannot have a 15-minute load average higher than the number of full logical cores assigned and cannot have a 1-day load average higher than 70% of the number of full logical cores assigned.
High Mail Volume: The Company reserves the right to block port 25 on Customer’s Service. Customer cannot send more than 100 maximum e-mails per hour, and must maintain a similar average volume of mail on a week-to-week basis—no bursting permitted. The Company reserves the right to waive this requirement for the purpose of a customized Service plan.
High I/O: Customer’s Service cannot average more than 80 IOPS within any two (2) hour period, cannot burst above 300MB/s disk write average for more than ten (10) minutes, cannot average more than 300 write operations per second for more than 1 hour, and cannot be above 20% average utilization within any six (6) hour period.
High Network Usage: Customer’s Service cannot have more than 50,000 conntrack sessions at any given time, and cannot use more than the allocated bandwidth. Customer understands that the network is shared and utilizing maximum network speed will not always be possible.
The Company reserves the right to deprioritize,. power down, or suspend Customer’s Service(s) at any time in order to avoid congestion and/or disrupting the performance of other customers, which may directly affect the performance of Customer’s Service.
6. SERVICE LEVEL AGREEMENT
A) Service Level Agreement Notice: The issuance of SLA Credits (defined below) is the sole and exclusive remedy of Customer and The Company’s sole and exclusive obligation, for any failure by The Company to satisfy the requirements set forth in the SLA.
B) Support Requests: The Company live support will be available 24 hours per day, 7 days per week, year round. You may request support by opening a support ticket via the Customer Portal, technical support address, or by telephone if you are subscribed to the support level with phone support.
B-1) Response Times: We will respond to your support requests made via ticket or telephone within the following time frames:
MONITORING RESPONSES: Server and service down alerts will be acknowledged within 15 minutes;
TICKET RESPONSIVENESS: Customer questions made in tickets will be acknowledged within one hour for tickets opened between 8:00 AM and 10:00 PM Eastern Time, within 8 hours of other hours. Resolution times are dependent on the particular circumstances and are not guaranteed;
RESTORE REQUESTS: Customer restore requests will begin within 2 hours provided that the destination location is available and the requested data is available in the backup repository. We will respond to you via support ticket, telephone call, or both depending on the severity of the situation and consistent with any procedures we have established with you for your account.
B-2) Remedy: If we fail to meet the response time commitments stated in this Support section, you are entitled to a credit of $50 per event, up to 100% of your monthly recurring fee for the affected hosted system for any calendar month. The response time commitments stated above do not apply to support requests made outside of our ticket system.
C) Power: A/C power to the outbound port on your serving power distribution unit (PDU) will be available 100% of the time.
D) Network: The data center network will be available 100% of the time. “Network” means the portion of the network extending from the outbound port on your edge device to the outbound port on the border router and includes The Company managed switches, routers, and cabling. Network availability is defined as the ability to pass TCP/IP traffic with less than 3% packet loss and less than 30ms latency across the The Company network infrastructure.
E) Remedy for Power and Network: If The Company fails to meet any of the commitments stated in this “Data Center” section and the failure adversely affects your hosted system, you are entitled to a credit in the amount of 5% of your monthly recurring fee for the affected hosted system per half hour of power outage or network downtime, up to 100% of the monthly recurring fee for the affected components for any calendar month.
F) Hardware Repair or Replacement: The Company will begin repairing or replacing failed hardware components provided by The Company within one (1) hour of problem identification by The Company. This commitment does not include the time required to rebuild your system, such as the time required to configure a replacement device, rebuild a RAID array, reload the operating system, reload and configure applications, and/or restore from backup (if necessary).
G) High Availability Network Device Solution: A “high-availability” network device solution means two devices within a single data center (such as a firewall, load balancer, router, or switch) configured in a fail-over configuration. High availability network device solutions will be available 100% of the time. The Company will work with you to test the reliability of the high availability solution as part of the implementation process; proper testing must be completed for this commitment to apply.
H) Remedy for Hardware Replacement and High Availability: If The Company fails to meet the commitments stated in sections F and G and the failure adversely affects your hosted system, you are entitled to a credit in the amount of 5% of your monthly recurring fee per half hour of downtime (after the one hour from problem identification referenced in section F), up to 100% of the monthly recurring fee for the affected component for any calendar month.
I) Data Back Up: We will back up your data only if you have purchased data backup services, otherwise Customer is solely responsible for ensuring that its data is backed up in the event of an outage. There is no resolution guarantee and no guarantee of backup integrity.
J) Data Back Up Solution: Unless a custom backup solution is agreed to in advance, backups will be performed to a shared Managed Backup Infrastructure on a scheduled basis. Backups will be retained for the time agreed in the service description or other written agreement. The default backup schedule is nightly backups with a seven day retention period.
K) Data Restoration:
LOCAL RESTORES: We will initiate restoration of your data stored onsite within two (2) hours of the time that you request the restore via a support ticket.
REMEDY: If we fail to restore the data that you have selected for backup in accordance with the standards stated in this “Restoration of Backed Up Data” section, you are entitled to a service credit of $250 per event, up to 100% of your monthly recurring fee for the affected configuration for any calendar month.
L) Service and System Monitoring: Service and System Monitoring is available as an addon service or is included in select support plans. These provisions only apply to customers with active system monitoring.
Availability Monitoring: The Company will monitor up to 6 TCP ports (HTTP, HTTPS, SMTP, POP3, etc.) per server for service availability. General server availability is tested every five (5) minutes via ping. You will be alerted via ticket if port or ping monitors fail three consecutive times.
Fault Monitoring: The Company monitors status events on servers and network devices including network availability, process status, file system and capacity.
Performance Monitoring: The Company monitors key performance metrics for the operating system, select applications and databases.
Notification of Monitoring Alerts: We will notify you of monitoring alerts within the time frames stated in the “Support” section above.
Remedy: If we fail to meet the monitoring alert notification commitments stated in this “Monitoring” section, you are entitled to a credit of $250 per event, up to 100% of your monthly recurring fee for the affected hosted system for any calendar month.
M) Limitations on Credits:
Cumulative Dollar Amount: Notwithstanding anything in this SLA to the contrary, the maximum total credit for any calendar month for failure to meet Service Level commitments under this Agreement, shall not exceed 100% of your monthly recurring fee for the affected hosted system. Credits that would be available but for this limitation will not be carried forward to future months.
Maintenance: You are not entitled to a credit for downtime or outages resulting from Maintenance. “Maintenance” means: A) HOSTING INTELLECT MAINTENANCE WINDOWS: upgrades or repairs to shared infrastructure, such as core routing or switching infrastructure that we scheduled at least 72 hours in advance and that occurs during off peak hours in the time zone where the data center is located; B) SCHEDULED CUSTOMER MAINTENANCE: maintenance of your configuration that you request and that we schedule with you in advance (either on a case by case basis, or based on standing instructions), such as hardware or software upgrades; C) EMERGENCY MAINTENANCE: critical unforeseen maintenance needed for the security or performance of your configuration or The Company’s network. We require that all servers remain patched to the approved The Company patch level.
Force Majeure/Extraordinary Events: You are not entitled to a credit for downtime or outages resulting from an event of Force Majeure (as described in Section 19.6 of the TOS), denial of service attacks, virus attacks, hacking attempts, and/or any other circumstances that are not within our control.
Your Breach of the Agreement: You are not entitled to a credit if you are in breach of the Agreement at the time of the occurrence of the event giving rise to the credit until you have cured the breach. You are not entitled to a credit if the event giving rise to the credit would not have occurred but for your breach of the Agreement.
Disabling or Removing of Monitoring or Security Services, Interference with Services: You must notify us in advance if you plan to disable, block, or remove any monitoring or security element of your hosting service for more than thirty (30) minutes. We will not issue you any credit for events that might have been avoided or mitigated if you had not disabled, blocked or removed our monitoring or security elements, or otherwise interfered with our ability to provide the Services.
Logical Access: This SLA is contingent on The Company having full logical access to your configuration. No credit will be due if the credit would not have accrued but for your restriction of The Company’s logical access to your configuration.
Data Center Upgrades: We are constantly upgrading our data center facilities and in order for you to benefit from these upgrades, you agree that we may relocate your servers within our data centers, make changes to the provision of the Services, URLs and your IP addresses and may establish new procedures for the use of the Services. In each case we will give you reasonable advance notice and use all reasonable endeavors to minimize the effect that such change will have on your use of the Services.
N) Measurement of Time: For the purpose of determining whether a credit is due, time periods will be measured from the time stamp generated by our ticket system, or the time an interruption is recorded in our monitoring system, as applicable. You may open a support ticket to document the start time for a support request or other incident, or if you contact us by telephone to request support, we will open a ticket. If you contact us by phone, there may be a delay between the time of the call and the time we open a ticket.
O) Making a SLA Credit Request: You must request a credit in writing either via a support ticket or by postal mail no later than seven (7) days of submission of the initial trouble ticket or support call. We will contact you within 30 days to approve or reject the claim or to request more information. If the claim is approved, the credit will appear on your monthly invoice following approval.
7. COPYRIGHT POLICY
A) Limited License to Content: Customer hereby grants to The Company the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit any Customer Content, or any Customer trademarks, fonts, logos, or other objects or designs provided to The Company hereunder, solely for the purpose of rendering The Company’s Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.
B) Rights to the Web Site and Content: With the exception of any Third-Party Materials and Background Technology as set forth below, Customer owns the “Customer Content,” which means all content and/or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, and/or software), in any medium, provided by Customer to The Company. “Third-Party Materials” means any content, software, and/or other computer programming material that is owned by an entity other than The Company, and licensed by The Company or generally available to the public, including Customer, under published licensing terms, and that The Company will use to display or run a Web site. The Company owns the rights to the design of the web site. If Customer stops paying the monthly fee for Services, they will be cancelled and the Customer will not be entitled to use the web site for any purposes whatsoever.
C) Limited License to the Background Technology: “Background Technology” means computer programming/formatting code or operating instructions developed by or for The Company and used to host or operate a website or a webserver in connection with a website. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and/or menu utilities, whether in database form or dynamically driven. Background Technology does not include any Customer Content. Customer may not duplicate or distribute any Background Technology to any third party without the prior written consent of The Company. All rights to the Background Technology not expressly granted to Customer hereunder are retained by The Company. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.
D) Digital Millennium Copyright Act: Customer agrees not to use The Company Services or equipment in violation of the copyrights, trademarks, patents, or trade secrets of third parties, nor shall Customer utilize The Company Services or equipment to publish such materials in a manner that would expose them to public view in violation of the law. All third-party takedown requests, wherein aggrieved parties ask The Company to remove Customer Content claimed to infringe intellectual property rights will be addressed in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”) (17 U.S.C. § 512, et seq.) and other applicable trademark, copyright, patent and/or other intellectual property laws. Aggrieved third parties should notify The Company of their claim by using the “Contact Us” option on our website, and include information such as IP address or URL of the infringing content as well as any other information to help The Company verify the third-party allegation.
E) Customer IP Duties: Customer affirmatively represents, agrees, and warrants to maintain at all times the necessary intellectual property rights, including, but not limited to, all copyrights, trademark and/or servicemark rights and rights of publicity, both in the United States and throughout the world, to reproduce and disseminate, via the Internet, Customer Content or content which you otherwise promote, advertise, disseminate and/or distribute to anyone by your direct or indirect use of The Company Services or equipment, prior to and at all periods during the time that such materials are promoted, advertised, disseminated or distributed through any direct or indirect use of The Company Services or equipment.
F) Suspension/Termination: The Company may Suspend performance under or Terminate this Agreement, cease transmission of data associated with your domain name immediately and without notice, permanently remove your data from any The Company equipment, and take any other actions it deems necessary, in its sole discretion, immediately and without notice, to comply with relevant laws if it is informed or otherwise believes, in its sole discretion, that Customer Content violates the intellectual property rights of any third party or is otherwise the subject of a dispute. Customer agrees to waive any and all claims, now and forever, against The Company relating to the Customer Content and/or Customer’s use and operation of The Company Services. Customer agrees to indemnify and hold harmless The Company from and against any such claims. Customer Agrees that in the event that The Company is informed by any party that your Customer Content infringes the copyright of any party, or violates the right of publicity or privacy of any party, or consists of any other claim or violation of intellectual property rights of any kind, then The Company may, without prior notice to you and its sole and exclusive discretion, remove and/or disable public access to all or part of Customer’s Content, and/or terminate this Agreement, without any liability of any kind to The Company from either you or any third party. Customer agrees to waive any and all claims, now and forever, against The Company relating to any action taken in response to the claim that you have infringed the intellectual property rights of a third party, and agrees to indemnify and hold harmless The Company from and against any such claims.
A) Who We Are: Hosting Intellect, LLC (referred to as “The Company” throughout this document and website). Our website address is: https://www.hostingintellect.com. Hosting Intellect owns and operates NodeSpace Hosting (https://www.nodespace.com) and sshVM (https://www.sshvm.com).
B) What Personal Data We Collect And Why We Collect It:
New Customer Registration: When new customers sign up, we collect personally identifiable information including full name, address, phone number, information about your device (IP address, ISP, whether or not you’re using a proxy or VPN service, GEOIP data about your physical location, operating system, web browser version, screen resolution, type of device used such as desktop, laptop, mobile phone, or tablet), email address, and payment transaction IDs from third party payment processors. We require this information in order to prevent fraud and abuse of services and so we can properly bill you for services used.
Support Tickets: When you contact us for support or submit a general inquiry to our ticket system, we automatically collect your name, email address, associated services and products, IP address used at the time of submission (only through our web portal), and full email headers (when you respond or open a ticket via email). This information is used to link your accounts between our systems as well as to prevent spam abuse of our support ticket system. Our support tickets also have fields that may be used to collect sensitive information such as access usernames and passwords. These fields are encrypted when stored in our support database and then when the ticket is closed, this information is automatically purged.
Media and Documents: If you upload images, videos, and documents to the website, you should avoid uploading images with embedded location data (EXIF GPS) included or other files with metadata that may reveal information such as author name, author email, and company.
Contact Forms: If you submit information via a contact form, we collect your full name, email address, IP address, and optionally your telephone number. We use this information to contact you regarding our services.
Cookies: f you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year. If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days to a maximum of 90 days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for 90 days. If you log out of your account, the login cookies will be removed.
Analytics: In order to optimize our website traffic, understand traffic patterns, demographics about who visits our website, and to understand how our website is found, we utilize Matomo. Matomo does not have access to any PII data on our website. Matomo may place a tracking cookie on your computer which may be used by The Company to track your access to our site. To opt-out of all of Matomo, simply turn on your web browser’s “Do Not Track” feature.
C) Who We Share Your Data With: We share your data with our payment processors – Stripe, PayPal, or BitPay – in order to process your payments. For new customers without any existing services, we share all the data collected during the signup process with our anti-fraud vendors, FraudLabsPro, MaxMind and/or FraudRecord. We utilize FraudRecord to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord for misbehavior using one-way hashed information. We do not share your data with any other company outside of Hosting Intellect, LLC and the companies mentioned above in this section.
D) How Long We Retain Your Data: If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information. Customers who retain active status (one or more product or service is being actively used), all data is retained for as long as you are an active user. Former customers who are marked as inactive status (all services cancelled, terminated, or expired), all data is retained for two years from the point of account closure. Once the two-year point is reached, all data regarding your account is purged. Former customers who left us in poor standing will only have minimal information removed from our services. This is so that we may identify users who owe unpaid invoices on previously used services or to prevent abusive Customers from re-joining.
E) What Rights You Have Over Your Data: If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
F) Where We Send Your Data: Visitor comments may be checked through an automated spam detection service. Data regarding the purchases of products and services or payments of invoices will be sent to Stripe, PayPal, and/or BitPay. All customers will have all their hashed information sent to FraudLabsPro, MaxMind, and/or FraudRecord for verification and processing.
G) Your Contact Information: We collect your contact information. We ask that you keep your contact information up-to-date so that we have a method of contacting you. You may update your contact information at any time through our customer portal.
H) Additional Information:
How We Protect Your Data: We use SSL/TLS security using, at minimum, 2048-bit RSA keys. Sensitive customer information is salted and hashed, before being stored in our databases. This makes the data completely unusable to anyone without our secret code.
What Data Breach Procedures We Have In Place: In the event of a data breach, we will notify you within five days of discovery via a non-marketing email as well as a prominently displayed notice on our website, https://www.hostingintellect.com.
Questions About Your Privacy And Your Data: You can contact our Data Privacy Officer at [email protected]
9. ZERO-TOLERANCE SPAM POLICY
A) Zero-Tolerance Approach: The Company has a ZERO-tolerance spam policy regarding the sending of unsolicited or bulk e-mails. This includes but is not limited to borrowed lists, purchased lists from 3rd party vendors, selling of lists, etc. Any The Company user who is caught sending out spam from a Company server will be subject to immediate account termination.
B) Definition of Spam: Spam is the act of sending unsolicited e-mail or online communications to individuals or businesses who have not agreed to receive your e-mails. Spam is considered Spam whether it is a single e-mail or a bulk mailing sent out to thousands of recipients. Contrary to popular belief, buying a list of email addresses from a third party and emailing them individually or in bulk is also considered Spam. Lists where a person is required to request e-mail removal via an opt-out request is also considered spam. You are not allowed to hire a company to mail out to a list of people who did not request to receive your information beforehand, therefore it is also considered spam. Hosted websites found to be “spamvertised” are subject to suspension and/or termination at the discretion of The Company.
C) Examples of Spam: Spam is considered as including, but not limited to, the following examples:
Any e-mail correspondence sent to a recipient who had previously subscribed to receive e-mails but later opted-out by indicating to the sender that they did not want to receive additional e-mail.
Any Email that contains any false or misleading information.
Any e-mail correspondence sent to Email addresses that have been harvested from websites and sent out in bulk.
Any e-mail correspondence sent out which does not provide an option to unsubscribe from future mailings.
D) Account Owner Responsibility: As the owner of your e-mail lists you are fully responsible for the behavior of 3rd party vendors which you hire or solicit to perform your company mailings. Any violation by a third party will be considered a violation by you and will be subject to your account being terminated.
E) IP Address Listing: Additionally, we will terminate any account that causes our IP addresses to be blacklisted, whether intentional or not. We also reserve the right to require changes, disable or terminate any site that does not comply with our spam policies. We also reserve the right to charge any account holder for cleanup fees or blacklist removal charges, as determined by The Company.
10. SUPPORT POLICY
A) Official Support Channels: We will only provide Support Services through our helpdesk, email, telephone to customers who have purchased phone support, or live chat. We don’t provide our Support Service through any other channel (including, but not limited to Twitter or Skype) at this time. You will need to submit a ticket using the helpdesk or send a direct email in order to take advantage of our Support Service and bear in mind what we do support when submitting your ticket.
B) Providing Access Details: We may ask you to send us your login details if we need them in order to assist you. Our helpdesk tickets and information you share with us through these helpdesk tickets are confidential. For sensitive information like login credentials or private keys, we offer encrypted fields which store the sensitive information encrypted in our support database and is deleted when the ticket is closed. Only you and our support team will see your ticket.
C) Knowledge Base Disclaimer: Our knowledge base contains answers to common questions and may help answer questions you may have. This knowledge base is relatively generic and may not be directly relevant to your specific query. Information in the knowledge base is provided without warranty and Customer should follow any specific advice with tentativeness and alertness.
D) Priority Support: We offer Customers the ability to purchase Priority Support. This expedites a single ticket ahead of standard support tickets, but does not take priority over downed services, critical Service emergency, scheduled or unscheduled maintenance, Premium support tickets, or access to support channels or levels of support not included in the Customer’s Support Plan. Priority Support is purchased during the ticket creation process or after a ticket has been created. If The Company, at its discretion, determines the issue to not be Priority, the escalation fee will be returned to the Customer’s account credit balance. No refunds are issued on Priority tickets.
E) Premium Support: Customers with a VPS or Dedicated Server Service may subscribe to a monthly Premium Support plan. Premium Support features additional support services not provided with standard support, including phone support. Customers with Premium support are entitled to telephone support during the hours indicated. Premium Support is a per-service subscription, not a per-account subscription. Premium Support is non-refundable. If Customer terminates Premium support, unused time will be forfeited.
F) Customer Communication: The Company understands that when contacting Support, it is usually not for good reasons. We try to solve every technical problem that comes into our helpdesk in a proficient and reasonable way. In order to solve issues, we need proper communication from Customer reporting the problem or issue. Customer is expected to communicate with The Company staff in a polite manner, regardless of support channel. The Company may, at its sole discretion, terminate communication due to inappropriate behavior from Customer. Examples of such behavior include, but are not limited to:
Harassment or assault on staff;
Profanity, whether spoken or written, especially when asked not to;
Reluctance to provide reasonable information to solve the problem;
Yelling or engaging in threatening tones;
Making threats against staff, the Company, our Vendors, our Suppliers, or our Affiliates;
Unwillingness to resolve the issue; and
Abuse of support channels, such as flooding.
Customer may lose access to one or more Support Channels either on a temporary or permanent basis if Customer violates the terms of this Agreement.
11. FEE SCHEDULE
|IP Address Change $25.00 per IP address. Charge waived if there is a technical issue that prevents usage of assigned IP address.||Priority Support Ticket $25.00 per ticket.|
|Server Administration Ticket $25.00 per ticket. Charge waived if Standard or Premium Support subscription is active.||Remote Support via Screenshare $15.00 per fifteen (15) minutes|
|Data Center Remote Hands $30.00 per thirty (30) minutes||Back-up Restoration $0.00 for shared cPanel restores $25.00 for restores not available from self-service.|
|Back-Up Retrieval $25.00 per backup retrieved, if available. Fee does not apply to shared hosting backups that are available from self-service.|
|VPS: Additional RAM $3.00 per 1 GB of RAM monthly||VPS: Additional CPU Core $4.00 per additional fair-use CPU core monthly.|
|Additional IPv4 Address $2.50 per IP address monthly.|
|Disk Space Overage $0.50 per 1 GB used over quota, billed monthly for each month overage occurs.||Bandwidth Overages $0.05 per 1 GB used over quota, billed monthly for each month overage occurs. VPS: Bandwidth is calculated from the first to last day of the month. All others: Bandwidth is calculated for your billing cycle.|
|Returned Payments $25.00 per returned payment.||Dedicated Server Reconnect $30.00 per reconnect if server is suspended either due to non-payment or policy violation.|
|Disputes/Chargebacks/Holds $25.00 per payment.||IP Blacklist Listing $25.00 per IP address listed|
*The Company is not responsible for failure to keep back-up, and is not responsible for data corruption or data loss if a back-up is available.
This fee schedule does not include products, services, software, or third party products, services, or licenses. Current fees for those items are listed in our billing system and website.
APPENDIX A. CHANGE LOG
February 22, 2023
Updated Agreement to reflect new company name.
Minor formatting adjustments only.