1-ENTIRE AGREEMENT SERVICE AGREEMENT
Chostbd shall provide its Services to You (the Customer) under the Terms and conditions of this Chostbd Customer Agreement. The Agreement is intended to keep the integrity of both Chostbd and the Customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.
Along with the Order Form and any other documents or agreements explicitly specified in this Agreement, the Customer Agreement constitutes the whole act of convention between Chostbd and the Customer, thus being the most significant document of the newly-established relationship. In case that a court of competent jurisdiction considers that any of the Agreement’s provisions is invalid, unenforceable, or void, the remaining ones will completely reserve their validity.
Customer’s side of the Agreement could be presented by the following parties: an individual with personal demands, being over 18 years of age; a legal entity such as a corporation, a limited liability company etc. that is consistent with state’s law system. If a person represents the Customer for some reason, he/she should be legally authorized to act in his/her name, thus accepting, executing and delivering the Agreement.
You understand and agree that the Service is provided “AS-IS” and that Chostbd assumes no responsibility for the timeliness, deletion, failure to deliver or store any Customer communication or personalization settings.
- Bandwidth - Each hosting plan include prepaid bandwidth. Additional bandwidth is available. Contact sales department for more information. This bandwidth must be prepaid before using or otherwise the account will be suspended due overbandwidth usage.
- Domains Hosted - Chostbd hosting plans include domain hosting. Each hosting plan has a limit of the domains hosted.
- Domain Registration- available online with or without hosting packages. Domain registrations are final and can not be refunded.More detailed information regarding domain names can be found in the Domain Name Dispute Resolution Policy.
- Disk Space - Additional disk space is available. Payment is accepted only in advance per year. Contact sales for more information.
- IP Address - Chostbd hosting accounts do not include IP address. For many customers IP address is important for starting SSL hosts and that’s why we allow purchasing IP addresses. Payment is accepted only in advance per year. Contact sales for more information.
- MySQL Database(s) - is/are included in all hosting plans. Additional MySQL databases are available. Contact sales for more information.
- MySQL Database Storage - Unlimited amount is available but only to the amount of your hosting plan. Example: Hosting plan with 100MB space will be able to have a 100MB MySQL Database
- SSH - not included in hosting plans, but it is available. Contact sales for more information.
3-UNLIMITED PACKAGES / ADD-ON
Limits maybe added to hosting space and bandwidth if your hosting account exceeds the amount of hard drive space that we can supply. Our systems are able to handle large amounts of space for both hosting space & bandwidth but if your account starts to effect other users accounts on our servers then action maybe needed. We will contact you before any limits are added and to discuss ways to handle your account, further fees maybe required.
An example limit maybe if your hosting space you require reaches above 100GB (100000MB) or your bandwidth goes past 1TB (1000GB / 1000000MB).
4-ACKGROUND OPERATIONS/PROGRAMS ON SERVERS
These programs, named cron jobs, can be continuingly run by Chostbd in the background. Their provision suggests additional fee in accordance with system resources used and operational maintenance involved, if needed. Generally, Chostbd avoids placing complementary charges upon customers, providing the CronTab service that is integrated in the hosting Control Panel. Optional Chostbd Services. These services, including but not limited to: Site Studio, Mailing Lists and other services offered are provided WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS. Chostbd ADDITIONAL SERVICES OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON “AS IS” AND “AS AVAILABLE” BASIS. Chostbd REJECTS ANY IMPLIED WARRANTIES. ANY OF Chostbd’S EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY Chostbd, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.
Chostbd will guarantee 99.9% Chostbd network uptime and 99.9% network stability uptime. This, however, does not refer to problems stemming from:
- Server Hardware Breakdown
- User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, Chostbd is not responsible for the downtime)
- Failures due to software that is not explicitly supported by Chostbd Consequently, if a hardware crash provoked by the customer happens, Chostbd is beyond the control and responsibility for the resulting downtime.
As an added no-charge service, Chostbd performs occasional backups of its servers that house its webhosting and reseller packages. No backups are performed for virtual private server (VPS) or dedicated server packages, unless the Customer specifically purchases an additional service for this purpose. Any and all backup services provided by Chostbd, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity. The Customer agrees to maintain a backup of their data at all times on equipment not maintained by Chostbd, or its affiliates. Should the Customer fail to retain a backup of their data during an instance of data loss or corruption, and Chostbd does not hold a recent or valid copy, the Customer agrees to not hold Chostbd liable, as defined in the section “Limitation of Liability”.
If the Customer requires Chostbd to restore a backup of their data that is located on a backup server maintained by the Company, the Customer agrees to pay a “Restoration Fee” of $10.00 GBP to complete the request. This fee is non-refundable, even if the Customer is not satisified with the completion of the request. The Customer also confirms a backup restoration will overwrite any and all current data on the Customer’s account. Chostbd cannot be held liable if a backup restoration does not complete successfully.
7-SERVER USAGE & HOSTED CONTENT
- Server content MUST comply with the parameters stated in this TOS. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. Customers should get in touch with a Chostbd Service representative regarding any inquiries over the matter.
- If any of Chostbd Services are used for the illegal purpose of SPAM or UCE, then they will be instantaneously terminated. Sending SPAM emails is illegal and a fine of up to $5000 can be issued after our investigation, we will contact you by phone/post/email with all examples of this illegal actions.
Unauthorized Access. Chostbd expressly bans the use of any Chostbd hardware or software hosted on a Chostbd server for trying to illegally access another hosted machine or network.
- Each customer will be able to take advantage of the package he/she has purchased at the introductory price levels and with one and the same set of features in the course of the whole contract period. Chostbd reserves the right to introduce certain changes to the packages (in the shape of complementary services) to the benefit of customers.
8-MONEY BACK GUARANTEE
Chostbd offers a 30-day money back guarantee. If you are not satisfied with our hosting service, you can email firstname.lastname@example.org and receive a full refund for your hosting plan within 30 days after you purchased the account. However, all domain registrations, VPS’s, MineCraft hosting, dedicated servers and addon services (Billing Systems, Dedicated IP Address) are final and no money back can be provided. You must email a request for your money back through the email address above within 10 days from your cancel date, if you fail to put in a request we will not be able to provide a refund.
If your account has been suspended due to illegal actions on your account the 30-day money back guarantee will not be valid.Please note all refunds will not pay back PaypPal charges, but all PayPal charges will be emailed to confirm amount refunded.
9-PAYMENT, CHARGEBACKS AND RETURNED CHECKS
Customers should abide by our Order Verification Policy.
- Chostbd contracts with VISA / MASTER CARD International, American Express Bank and Discover Financial Services for chargeback procedures, thus avoiding its merchant accounts involvement. When signing up for a web hosting service with Chostbd, customers agree to AUP (this document) and the specified Terms & Conditions in this document. Thus, Chostbd will utilize this document as an evidence for the customer’s agreement in cases of a chargeback inquiry on behalf of the customer based on points that the client tries to refute after he accepted them at the time of the order.
If, however, customer presents a valid motive for the refund required, having observed the afore-specified requirements, then Chostbd will process the money back procedures without hesitation. Any refund actions will immediately lead to web hosting account suspension and the customer’s credit card will be charged back with the respective sum under the same payment order / authorization number.
- Chostbd will charge customers with fees based on the fee structure at the time of the sign-up process. Chostbd reserves the right to introduce changes to the packages when needed regarding price and set of features. This means that the current price list may differ from the pricing and features of the customer’s account.
- When signing up for an account with Chostbd, the customer agrees to pay for the period of one year (365 days). Chostbd grants customers with 48 hours over the official payment period. In case that the payment has not been received, the account will be suspended.
10-WARRANTIES AND REPRESENTATIONS
Chostbd provides hosting services on an “as is” and “as available” basis without warranties or representations for its offering. The company bears no responsibility for connection problems, in cases when customers’ hosting with Chostbd confronts with service interruption issues.
As a condition of your use of the Chostbd Services, you will not use the Chostbd Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any Chostbd Services, other accounts, computer systems or networks connected to any Chostbd Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Chostbd Services.
Chostbd reserves the right at all times to disclose any information as Chostbd deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the sole discretion of Chostbd.
11-UNLAWFUL OR PROHIBITED USE
Chostbd is within the capacity to refuse service to unlawful parties. Chostbd servers can be used explicitly for legal purposes only and each attempt for taking indecent advantage of the servers inconsistent with the rules will be immediately rejected. In this light, Chostbd expressly forbids any breach of Federal, State or Local regulation, including, but is not limited to the transmission of:
copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets.
Chostbd management will thoroughly scrutinize any of the received orders and decide to their own discretion which of them do not comply with the officially stated requirements for use of the company’s servers. Chostbd servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, or any other material which is considered impermissible by the company.
You agree that Chostbd, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms.
Chostbd reserves the right to reject its service and terminate this agreement for a certain period of time or indefinitely upon customers’ failure to pay. The customer then is considered a debtor to Chostbd and liable for reasonable interest and collection fees.
14-HOSTING PROMOS AND GIVE AWAYS
Promos can be changed and cancelled at any time without notice, all promo codes will show a valid terms such as; valid ‘date from – date to’, ‘Promo use amount’ and ‘If spend over X amount’. Chostbd Give aways (Example: Free iPod) is only available after the 30 Day Money Back is over and you have made your second payment, these offers can be change without notice or refused to any customer that may/has caused abuse to staff or equipment.