This Web Hosting Agreement (this “Agreement”) is between Host Prestige and the person (individual or legal person) who signs the service order (the “Order”) incorporating this Agreement by reference (“Customer”). This Agreement governs Customer’s use of Host Prestige’s services.
Subject to the terms of this Agreement, Host Prestige agrees to provide the web hosting services described in the Order for the fees stated in the Order.
The initial service term of the Agreement shall begin on the date that Host Prestige generates an e-mail message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for the same length as the Initial Term (each a “Renewal Term”) unless Host Prestige or Customer provides the other with termination notice within 7 days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”
(a) Recurring Fees
You will receive a renewal notice once your web hosting service is up for renewal. Service will be made inactive on accounts that are not paid by the due date at 12 PM PST. The term “Account” describes all services provided to a customer as defined by the primary ownership email. Host Prestige reserves the right to deactivate services if a pattern of late payment is observed. All orders setup with a recurring subscription payment are expected to work on the monthly renewal date each month. Any accounts made inactive for non-payment are subject to a $10.00 late payment fee.
(b) Non-Recurring Fees
All customers exceeding their bandwidth allowance will be sent invoices due upon receipt each month. All customers are responsible for monitoring transfer or bandwidth usage each month. Bandwidth overages are charged at $1.00 per each GB used over the allowed limit of the package. Once your plan is upgraded you cannot request a downgrade of the same plan for at least one month.
4. Cancellation and Early Termination
Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Host Prestige terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 10 (Termination), or Customer terminates the service other than in accordance with Section 10 (Termination) for Host Prestige breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement. Customer also acknowledges that a minimum of 7 days cancellation notice or downgrade of current package prior to the following renewal term must be given in writing to Host Prestige or the Customer will be responsible for full payment of the following term.
Customer agrees to use the service in compliance with applicable law and Host Prestige’s Acceptable Use Policy (the “AUP”), which is hereby incorporated by reference in this Agreement. Customer agrees that Host Prestige may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services. Customer agrees to cooperate with Host Prestige’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Host Prestige and Customer regarding the interpretation of the AUP, Host Prestige’s commercially reasonable interpretation of the AUP shall govern.
6. Customer Information
Customer represents and warrants to Host Prestige that the information he, she or it has provided and will provide to Host Prestige for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Host Prestige that he or she is at least 18 years of age. Host Prestige may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.
Customer agrees to indemnify and hold harmless Host Prestige, Host Prestige’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
8. Disclaimer of Warranties
Host Prestige DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW Host Prestige DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
9. Limitation of Damages.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF Host Prestige AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE.
(a) Suspension of Service.
Customer agrees that Host Prestige may suspend services to Customer with or without notice and without liability.
Host Prestige reserves the right to terminate the Agreement or deny services at any time with or without notice and without liability. The Agreement may be terminated by the Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Host Prestige fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Customer may also terminate this agreement as per Section 4 (Cancellation and Early Termination).
11. Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Host Prestige is not a domain registrar. We are a reseller for Enom so all Host Prestige customers who purchase a domain or transfer a domain to us are bound by the terms and conditions set forth by Enom. You will receive notice from Host Prestige once your domain is up for renewal. If you do not renew your domain by the expiration date you run the risk of loosing your domain.
13. Requests for Customer Information
Customer agrees that Host Prestige may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Host Prestige believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
14. Back Up Copy
Customer agrees to maintain a current copy of all content hosted by Host Prestige notwithstanding any agreement by Host Prestige to provide back up services.
Notices to Host Prestige under the Agreement shall be given via electronic mail. All notices, including but not limited to support or billing requests, must be submitted from the registered primary or secondary e-mail address on file for the customer account.
Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. It is the Customers responsibility to ensure valid and accurate contact information is supplied and updated as necessary. Notices are deemed received on the day transmitted. Customer may change his, her or its notice address by a notice given in accordance with this Section.
16. Force Majeure
Host Prestige shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Host Prestige’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
17. Binding Arbitration
As a Customer of Host Prestige you agree to submit to binding arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The location of Arbitration shall be selected by Host Prestige at the time of the dispute.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. The terms on Customer’s purchase order or other business forms are not binding on Host Prestige unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Host Prestige’s prior written consent. Host Prestige’s approval for assignment is contingent on the assignee meeting Host Prestige’s credit approval criteria. Host Prestige may assign the Agreement in whole or in part.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
Acceptable Usage Policy
Host Prestige utilizes KnownHost servers and networks. All Host Prestige customers who utilize web hosting services are bound by the TOC and AUP set forth by KnownHost. Please read these policies before your purchase.
This AUP governs the use of Host Prestige’s services. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Host Prestige regarding the interpretation of this AUP, Host Prestige’s interpretation, in its reasonable commercial judgment, shall govern.
You may not publish or transmit via Host Prestige’s service any content that Host Prestige reasonably believes:
- constitutes child pornography;
- constitutes pornography;
- is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- is defamatory or violates a person’s privacy;
- creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
- improperly exposes trade secrets or other confidential or proprietary information of another person;
- is intended to assist others in defeating technical copyright protections;
- clearly infringes on another person’s trade or service mark, patent, or other property right;
- promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Host Prestige; or
is otherwise malicious, fraudulent, or may result in retaliation against Host Prestige by offended viewers;
Vexation & Harassment
Host Prestige does not tolerate any harassment, malice or abuse towards it’s employees or subsidiaries. Any form of harassment, cursing, threats, or ill will directed towards Host Prestige staff or authorized agents shall not be tolerated.
The Customer agrees to conduct themselves in a professional manner regardless of the method of communication with Host Prestige. Should the Customer be found in violation of this clause Host Prestige reserves the right to suspend or terminate services with or without prior notice and without liability.
Host Prestige Customers may not initiate the following practices. Host Prestige reserves the right to suspend or terminate accounts found in violation of these items with or without prior notice given and without liability.
Host Prestige reserves the right to determine what constitutes resource abuse and take the appropriate action.
a) Use 25% or more of system CPU resources for longer then 90 seconds. There are various processes and activities which can cause this; these include but are not limited to: Perl Scripts, CGI, PHP, Python, HTTP, etc.
b) Use of any kind of distributed computing software, including but not limited to SETI@home, Node Zero and Folding@home
c) Run any software that interfaces with an IRC (Internet Relay Chat) network.
d) Run any file sharing, bit torrent or other P2P network services, client or server software.
e) Run any gaming servers such as Battlefield 3, MineCraft, Counter-Strike, etc.
Host Prestige does not allow, condone or authorize any forms of Network Abuse including but not limited to Denial of Service attacks, Phishing attempts, port scans, SYN Floods etc.
Host Prestige reserves full right to determine what constitutes Network Abuse and take the appropriate action against the Customer with or without prior notification and without liability.
You may not engage in illegal, abusive, or irresponsible behavior, including but not limited to:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Host Prestige and its customers) without express authorization of the owner of the system or network;
- Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
- Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting;
- Any conduct that is likely to result in retaliation against the Host Prestige network.
- Use of Host Prestige’s network in a way that unreasonably interferes with Host Prestige’s other customers use of the network.
Host Prestige assigns IP addresses to clients based upon the guidelines of ARIN: https://www.arin.net/policy/nrpm.html All IP Address allocations must be justified based upon this policy. Host Prestige reserves the right to request verification at any time for assigned IP addresses at which time under Host Prestige’s discretion IP assignments may be revoked.
Host Prestige does not accept material such as:
Proxy, VPN, Torrents, Tor, Warez, Escrow, High Yield Investment Programs (HYIP), illegal gambling and lottery sites or services.
Content “published or transmitted” via Host Prestige’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any service provided by Host Prestige.
Host Prestige can terminate service for any of the above reasons and it’s at Host Prestige sole discretion to issue a refund
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
Bulk Commercial E-Mail
Any kind of bulk emailing is strictly prohibited.
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.
You must comply with the rules of any other network you access or participate in using your Host Prestige’s services.
Material Protected by Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
- you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
- you are otherwise permitted by established United States copyright law to copy the work in that manner.
Host Prestige will terminate the service of Customers with repeated copyright infringements.
Copyright Infringement Notice (Digital Millennium Copyright Act)
If you believe your copyright is being infringed by a person using the Host Prestige network, please send your written notice of copyright infringement to: email@example.com
Your notice must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Host Prestige to locate the material;
- Information reasonably sufficient to permit Host Prestige to contact you, such as an address, telephone number, and, if available, an e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums
Host Prestige reserves the right to suspend or terminate an account with or without notice at it’s own discretion. The Customer agrees to maintain up to date primary contact email information with Host Prestige. The violation shall be listed in the Subject of the email. The Customer shall be given all appropriate details of the Violation as well as a time frame to correct the issue before action shall be taken. Once the email has been sent to The Customer, Host Prestige will consider that The Customer has been notified. Host Prestige reserves the right to use discretion on the amount of time given for a customer to correct the issue before action is taken.
You must have valid and current information on file with your domain name registrar for any domain hosted on the Host Prestige network.
Host Prestige is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Host Prestige network.
When you sign up for our service, we will ask you to provide contact information such as your name, address, telephone numbers, e-mail addresses, and payment information such as credit card number and expiration date.
If you contact us for customer support, we may also ask you for information about your operating system, software and other technical matters.
When you visit our Web site we will capture your IP Address, time of and duration of visit, and time and duration of the pages on our Web site that you view. We may tie this information to the personally identifiable information we have about you.
We will also place a cookie that will identify you to us as a repeat visitor or a customer when you visit our Web site. See “What is a Cookie” below. We may tie this cookie to the personally identifiable information we have about you.
If we send you an e-mail, we may include a marker that will allow to identify e-mail that is opened and viewed.
Use of Personally Identifiable Information
We will use your personally identifiable information only as follows:
For payment purposes and to provide customer support;
We will not provide any personally identifiable information about you to any other person other than:
- a law enforcement or regulatory agency at their request;
- a person or company who acquires our business;
- third parties who perform services on our behalf (such as payment processing), subject to the third party agreeing with us that it will keep your personally identifiable information confidential;
- As otherwise needed to protect or enforce or rights or the rights of others.
- We absolutely do not transfer or sell your information for inclusion on third party e-mail or other marketing lists.
We will never disclose your data to any third party unless we are required to do so by court or administrative order. Each party retains all right, title and interest in its data, information and intellectual property rights, and nothing in this Agreement is intended to transfer or diminish such rights. We claim no ownership or control over any content submitted, posted or displayed by you on or through our services.
What is a Cookie
A “cookie” is an alphanumeric identifier that is unique to your browser. The cookie will identify your browser to us when you visit our web site so that we may customize your visit.
Security of Your Information
We store your personally identifiable information and payment information in protected environment in encrypted format.
Our service is not available to children under the age of 13, and we will not intentionally maintain information about anyone under the age of 13.