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TERMS OF SERVICE HOSTCHEAP.COM

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HostCheap Company Limited, hereinafter referred to as HostCheap, is a provider of Internet web site hosting and associated services. HostCheap acts as a neutral provider of hosting services to its customers (also known as subscribers).

A subscriber’s use of HostCheap’s services constitutes the subscriber’s acceptance of all HostCheap policies, including but not limited to, its Terms of Service, Acceptable Use Policy and Privacy Statement. HostCheap reserves the right to revise its policies at any time without notice. A subscriber’s use of HostCheap services subsequent to policy changes posted on HostCheap’s web site, www.HostCheap.com, constitutes the subscriber’s acceptance of any additional or modified terms that result from those changes.

It remains at HostCheap’s discretion to determine what inappropriate content for our service is.

Subscribers sending unsolicited e-mail (spam) will have their accounts closed immediately without reasoning, even if the e-mail was not sent using HostCheap’s servers but was in any way related to the content housed on HostCheap’s servers.

HostCheap reserves the right to immediately cancel any subscriber’s hosting account at any time and without notice if it causes harm or poses a threat to HostCheap’s network, servers, company, subscribers or customers of its subscribers including their respective reputation, integrity, and security. Sites of inappropriate nature or that utilize spamming will not be tolerated. HostCheap cannot be held responsible for the content of any files on our network.

HostCheap will not be responsible for any damages that its subscribers, their businesses, customers or any other parties may suffer. HostCheap makes no warranties of any kind, expressed or implied for the services it provides.

The subscriber hereby agrees to pay HostCheap on a recurring basis in accordance with:

The payment method, including but not limited to, credit card, Direct Debit/ACH, check, money order, PayPal, bank draft or wire transfer, chosen. The fee schedule associated with the recurring term cycle (payment schedule), including but not limited to, monthly, quarterly, semi-annual or annual, and hosting package chosen.

Furthermore, HostCheap retains the right to monitor the usage of the various computing resources provided with the subscriber’s hosting package. In the event that a subscriber has exceeded the quotas for any of the resources applicable to the selected hosting package, the subscriber agrees to pay HostCheap according to its standard resource usage overage rates. This also applies during any initial free trial period provided by HostCheap. The quota for bandwidth resource usage for an individual subscriber is effectively that of their single web hosting account with the greatest quota, rather than the sum of the bandwidth of all accounts belonging to the subscriber.

Standard recurring subscription fees are collected at the beginning of each recurring term cycle. Fees for additional usage of computing resources beyond those provided with the subscriber’s hosting package are collected at the beginning of the next recurring term cycle, or sooner if the additional usage grows to a size that, at HostCheap’s discretion, warrants earlier collection.

HostCheap reserves the right to conduct “credit checks” and carry out other measures to verify the legitimacy and credit of its subscribers and the payment method(s) that they supply. In the case of subscribers paying by credit card, HostCheap Hosting may conduct a “pre-authorization” whenever new credit card information is supplied. This “pre-authorization” is typically in the amount of the subscription fees for the entire term chosen by the subscriber. Although it does not represent a real charge to the subscriber’s credit card, it may appear on the credit card statement for several days, or longer, at the discretion of the credit card company. In the case of subscribers paying by Direct Debit/ACH, a small payment may be withdrawn from the subscriber’s bank account to verify its authenticity whenever new banking details are supplied. The initial withdrawal amount is typically $1.00 USD for Americans or $1.00 CDN for Canadians and will be credited back in full to the subscriber’s next invoice.

Reselling of services provided by HostCheap to third parties is prohibited with any hosting package other than the “Reseller Package”.

HostCheap provides its subscribers with the option of electing to pay a lower subscription fee in exchange for agreement to a longer term for the engagement of HostCheap services. This longer term is typically, but not necessarily, one year, six months or three months in duration. All subscription fees are recurring and, unless the subscriber cancels the service agreement (given successful completion of the appropriate cancellation and confirmation procedures outlined below) prior to the completion of the recurring term cycle will automatically renew and the subscriber will be re-billed for the upcoming term according to HostCheap’s fee schedule in place at the time of renewal. If the subscriber changes the selected hosting package prior to the completion of the recurring term cycle, the new fee schedule will not take effect until the completion of this term cycle.

Subscribers agreeing to a term longer than one month are doing so in exchange for a discount on services and are not entitled to a refund. Subscribers requesting cancellation midway through a payment term will have their account cancelled at the end of the billing period for which they have already paid. In extreme circumstances, for extraordinary reasons, a refund may be approved for transactions that have occurred within the last seven (7) days.

Subscribers cancelling their services part-way through a one-month segment of their recurring term cycle are not eligible to a fll or prorated refund. Similarly, subscribers on a monthly recurring term cycle are not eligible for a refund upon cancellation of service. Subscribers who take advantage of special promotions conditional upon a particular recurring term are excluded from this termination fee structure, and are not eligible for a refund upon cancellation. This does not apply to HostCheap’s standard offers of “One Free Trial Month with No Commitment” and standard advertised reduced subscription fees for terms longer than one month.

HostCheap requires that all requests for cancellation of services be made in the form of a written request (paper or electronic) to our Accounts Department. In order to protect its subscribers against identity theft, HostCheap also requires that all cancellation requests be confirmed. Upon an initial cancellation request, the HostCheap Accounts Department will reply with a request to confirm the initial request and a short quality assurance questionnaire. The subscriber hereby agrees that a request for cancellation of services will not be deemed effective until such time as these procedures, including confirmation, are completed, and that a termination fee may apply, as outlined above.

Finally, HostCheap wishes to emphasize that in using any HostCheap service, subscribers indemnify HostCheap for any violation of the service agreement, law, or HostCheap policy, that results in loss to HostCheap or the bringing of any claim against HostCheap by any third-party. This means that if HostCheap is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will pay any damages awarded against HostCheap, plus costs and reasonable attorneys’ fees.