Terms of Service Agreement

1) Account Setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) for fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are registering with this order.

2) Content

All services provided by Hostocity.com may only be used for lawful purposes. This includes, but is not limited to, copyrighted material, pornography, and any material we judge threatening or obscene. The customer agrees to indemnify and hold harmless Hostocity.com from any claims resulting from the use of our services.

Examples of unacceptable material:

IRC Bots
Warez Sites
Pirated Software
Hate sites
Hack programs and archives
Adult sites
Gambling sites

3) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending unsolicited e-mail, bulk emailing, and spam. We consider so-called "safe lists" and "double optin" spam. Any user who sends spam will have their account terminated without notice.

At its sole discretion, Hostocity.com reserves the right to require changes or disable, as necessary, any website, account, database, or other component that does not comply with this policy. In case of an emergency, Hostocity.com also reserves the right to make any such modifications at its sole discretion.

Hostocity.com reserves the right to charge the account holder a clean-up fee for sending any unsolicited e-mail. The application and cost of the clean up fee is left entirely to the discretion of Hostocity.com.

4) Payment Information

You agree to supply appropriate payment for the services received from Hostocity.com in advance of the time period during which such services are provided. You agree that until and unless you notify Hostocity.com of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Hostocity.com reserves the right to modify the monthly payment amount and any other charges at anytime.

5) Backups and Data Loss

Your use of the service is at your sole risk. Hostocity.com is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Hostocity.com servers.

6) Cancellation and Refunds

Hostocity.com reserves the right to cancel the account at any time.

Customers may cancel at any time. Hostocity.com gives you an unconditional 30-day money back guarantee on managed shared hosting. There are no refunds on dedicated servers or domain names . Refund requests after 30 days will be refunded on a prorated basis of any unused time.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled, and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

7) Resource Usage

Users may not initiate the following:

a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems. These include CGI scripts, FTP, PHP, HTTP, etc.

b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e)Run any bit torrent

f) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.

8) 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.

9) Money back Guarantee

The 30-day money back guarantee does not apply to domain name registrations.

Each of Hostocity.com's managed and shared plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is ONLY for monthly shared packages and not for domain name registrations.

10) Price Changes

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Hostocity.com. We also reserve the right to increase the amount of resources given to plans at any time.

11) Indemnification

Customer agrees that it shall defend, indemnify, save and hold Hostocity.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Hostocity.com, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Hostocity.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Hostocity.com; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Hostocity.com's server.

12) Disclaimer

Hostocity.com will not be responsible for any damages your business may suffer. Hostocity.com makes no warranties of any kind, expressed or implied, for services we provide. Hostocity.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Hostocity.com and its employees.

13) Free and Discounted Domains

If you receive a free or discounted domain (any price less than $8.95/year) with the purchase of your web hosting package, subtract USD $13 from your purchase price to arrive at your reimbursement base. For example, if I paid $19.95 for one year of the Starter Plan and I received a free domain with my purchase, I would only have a right to a $6.95 reimbursement ($19.95 - $13 = $6.95).

14) Changes to the TOS

Hostocity.com reserves the right to revise its policies at any time without notice.