Terms Of Service

Use of Hostingwell products and services constitutes acceptance and agreement to Hostingwell TOS (Terms of Service).

For the purposes of these Terms Of Service, the "Provider" shall mean Hostingwell and "Client" shall mean the Person/Entity applying for Web Hosting Services or Web Design Services.

1. This Agreement shall be construed in all respects in accordance with the laws of the state of NSW Australia. The provider reserves the right to change TOS at any time. Changes to Hostingwell' TOS will be posted at http://www.hostingwell.com/policies.htm. Client's continued use of Hostingwell' services after the TOS changes have been posted to hostingwell.com website will constitute the acceptance of the updated/changed terms.

   Agreement

2. Provider reserves the right to refuse service to anyone at any time. Provider reserves the right, in its sole discretion, to deactivate your account(s) without further warning upon an indication of credit problems including delinquent payments, or if this service contract is violated, or if Client's account or the traffic on this account causes any kind of network or server problem / disturbances.
   
3. Client hereby agrees that all domain names and any material submitted for publication on provider through client's account(s) will not contain anything leading to an abusive or unethical use of the web hosting or the host server(s). Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, hacking, warez, and any harassing and harmful materials or uses. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from your publication of materials or your use of those materials. Violations of hostingwell.com Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $100 administrative clean-up fee and a $30 deactivation fee.
4. Client hereby agrees that all domain names and any material submitted for publication on provider through client's account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Client hereby agrees to indemnify and hold harmless the provider for any claim resulting from the submission of illegal materials. Violations of hostingwell.com Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $100 administrative clean-up fee and a $30 deactivation fee.

   Disclaimer Of Warranties

5. The provided service is provided on an "as is, as available" basis. The provider gives no warranty, expressed or implied, for any account(s) or other services provided, including, without limitation, warranty expressly includes any reimbursement for losses of income due to disruption of service by provider or its providers beyond the fees paid by client to provider for services.
6. Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use an account and any other services for any reason. Provider will not be responsible for any damages your business may suffer. Provider makes no warranties of any kind, expressed or implied for services we provide. Provider disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Provider and its employees.

   Billing

7. In the event it is necessary to refer any dispute to an attorney, a collection agency, or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees, collection fees, and all costs associated with any legal action, whether or not a suit shall actually be filed.
8. All hosting accounts are subject to the following bandwidth limitations:
   10Mb package - .5 gb/mo,
   20Mb package - 1 gb/mo,
   50Mb package - 2 gb/mo,
   100Mb package - 3 gb/mo,
   . Upon exceeding this limit, the customer is charged $0.10 per mb of transfer.
   
   

9. 30 Day Money Back Guarantee

   If within 30 days after signup for our services you decide that our hosting services do not live up to your expectations, we will refund you the hosting fees, excluding the account setup fees (if Applicable) and the domain registration fees (if applicable)

   This 30 day money back guarantee does not apply to domain registrations. (i.e. without hosting plans) These are processed immediately upon receipt and are forwarded without delay to InterNIC. As we cannot guarantee other providers' performance, we regrettably cannot extend our guarantees to their services or offerings. In the event of a refund of monies paid to Hostingwell.
   Subsidiary services such as:
   * Domain name registration (domain name ownership)
   * Banner creation (Banner graphics)
   * Web-site creation services (Web site ownership)
   * Graphic design services (Graphic content ownership)
   will remain the property of Hostingwell, until payment is recieved for said works.
   Any requests for cancellation must be sent only via our Online Support Agent at Support at hostingwell.com. If the online support agent is unavailable, client may contact hostingwell.com at support@hostingwell.com. (Include your email address and customer details)

10. Effective July, 2003, hostingwell.com will waive the $25 domain registration fee for 1 year for all 100Mb new web hosting accounts which remain with hostingwell.com for a period of at least 1 full year. This offer is subject to expiration without prior notice.
    If the account is terminated before the 1-year period, a $25 charge will be applied to the account and the domain will be released to the customer by making him the administrative contact of the domain. If a refund for hosting services is issued, the domain registration fee of $25, minus promotional fee, if any, will be deducted from the amount of refund issued, and the domain will be released to the customer by making him the administrative contact of the domain.
11. Contract Renewal: All contracts are automatically renewed for another term unless a written notice of cancellation is submitted via our Online Support Agent at Support at hostingwell.com at least three weeks in advance of the renewal date / anniversary date. If no correct notice of cancellation is given, all contracts will be automatically renewed for another term under the same conditions. If the online support agent is unavailable, client may contact hostingwell.com at support@hostingwell.com.
12. Failure to pay: Provider may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. If a credit card payment is declined by the client's bank or if the rent is not paid on time provider may charge a US $15 late fee per billing cycle and a US $30 fee for each payment-related suspension. If the account needs to be reactivated following a termination, a one-time $30.00 fee will apply.
13. All username and domain name changes are priced at $19.95 per change.
14. hostingwell.com does not issue refunds for any of its services. Even though our policy specifies no refund for late cancellations, there will be some cases where we will be able to issue partial refund with managerial approval. Any length of time shorter than one month of service is billed as a whole month of service for all packages.
    1. For accounts billed on yearly basis, the refund for unused services is calculated as follows: the number of months of used service is multiplied by the standard monthly rate. The amount due for services used will be deducted from the total amount of order, and the difference, if any, will be refunded immediately upon the management's approval to the credit card we have on file.
       
       

15. If client disputes justified charges by provider on his credit card, provider has the right to charge a $30 administration fee in addition to the regular suspension charge of $25 and immediately discontinue service.

    Terms Of Service Violations

16. Violations of hostingwell.com Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $100 administrative clean-up fee and a $30 deactivation fee.
17. hostingwell.com subscribers will be held responsible and accountable for any activity by third parties, using their account, which violates guidelines created within the Terms Of Service. Violations of hostingwell.com Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $100 administrative clean-up fee and a $30 deactivation fee.
18. If a hostingwell.com account is used to violate the Terms Of Service or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action; however, flagrant violations of the Terms Of Service will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. Violations of hostingwell.com Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $100 administrative clean-up fee and a $30 deactivation fee.
19. Fraudulent activity: Use of hostingwell.com service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters is strictly prohibited. Violations of hostingwell.com Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $100 administrative clean-up fee and a $30 deactivation fee.
    Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
20. Illegal use: hostingwell.com services may not be used for illegal purposes, or in support of illegal activities. hostingwell.com reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. Violations of hostingwell.com Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $100 administrative clean-up fee and a $30 deactivation fee.
21. Harm to minors: Use of the hostingwell.com service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography. Violations of hostingwell.com Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $100 administrative clean-up fee and a $30 deactivation fee.
22. Threats: Use of the hostingwell.com service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. Violations of hostingwell.com Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $100 administrative clean-up fee and a $30 deactivation fee.
23. Harassment: Use of the hostingwell.com service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another. Violations of hostingwell.com Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $100 administrative clean-up fee and a $30 deactivation fee.
    
24. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is strictly prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Violations of hostingwell.com Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $100 administrative clean-up fee and a $30 deactivation fee.
25. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements is strictly prohibited. Violations of hostingwell.com Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $100 administrative clean-up fee and a $30 deactivation fee.
26. Distribution of Viruses: Intentional distribution of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems is strictly prohibited. Such an offense will result in the immediate termination of the offending account. Violations of hostingwell.com Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $100 administrative clean-up fee and a $30 deactivation fee.
27. Electronic Mail Abuse:
    
    
    1. Harassment, whether through language, frequency, or size of messages, is prohibited.
       
    2. Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the Customer must not send that person any further email.
       
    3. Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
       
    4. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
       
    5. Malicious email, including but not limited to "mail bombing" (flooding a user or site with very large or numerous pieces of email) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited.
       
    6. Forging of header or any other information is not permitted.
       
    7. Subscribing someone else to a mail list or removing someone else from a mail list without that person's permission is prohibited.
       
       

    Violations of hostingwell.com Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $100 administrative clean-up fee and a $30 deactivation fee.

28. New Domain Accounts:
    
    1. All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by hostingwell.com. on behalf of the account holder a handling fee will be incurred.
       
    2. hostingwell.com does not have domain automatic renewal policy. Each domain registered with hostingwell.com must clearly state if they want domain to be renewed by hostingwell.com or not. In case of lack of communications from the customer's side, hostingwell.com is able to lock the customer's account until customer reinstates communications via the ticketing system, email, or postal mail if they want the domain to be renewed.
       
29. Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to hostingwell.com, Inc. may require up to seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by hostingwell.com on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
30. Technical Support: hostingwell.com, provides unlimited technical support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: hostingwell.com provides support related to your server or virtual site physical functioning. hostingwell.com does not offer tech support for application specific issues such as CGI programming, HTML or any other such issue. hostingwell.com does not provide technical support for YOUR customers. If you are able to access Internet, we ask that you submit your support questions/request via our Online Support Agent at http://www.hostingwell.com/support.htm. If you are able to get online and have other questions, the answers may be on our home page at http://www.hostingwell.com/support.htm - we encourage you to check there first. Additionally, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.
31. Network:
    1. Bandwidth: hostingwell.com may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, hostingwell.com reserves the right to suspend that site immediately even if the customer is with in his or her bandwidth limitation(s). Customers may be offered an option whereby hostingwell.com continues hosting the website for an additional fee.
    2. System and Network Security: Users are prohibited from violating or attempting to violate the security of the hostingwell.com Network. Violations of system or network security may result in civil or criminal liability. hostingwell.com will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
       These violations include, without limitation:
       
       1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
       2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
       3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
       4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
       5. Taking any action in order to obtain services to which the Client is not entitled.
          

    Support

32. Each support ticket and/or support email activated by any hostingwell.com customer must be confirmed as resolved or open by the same customer in the timeframe of no more than 48 hours from the time when the ticket was last answered with a resolution. In case of lack of communication from the customer's side, hostingwell.com is able to lock the customer's account until customer confirms via the ticketing system, or email, that the problem is resolved or still needs to be worked on.