Terms of Service
IpHosters “The Company” agrees to furnish service(s) to Subscriber(s), subject to the following Terms of Service hereafter referred to as TOS. Use of IPHosters Service(s) constitutes an acceptance of IpHosters’s Acceptable Use Policy hereafter referred to as AUP as well as IpHosters’s TOS. Unless and otherwise mentioned in any other contract or agreement all IpHosters’s Subscriber(s) are subject to these TOS and AUP and All provision of this TOS and AUP are subject to periodic review and change without prior notice. Subscriber(s) understands that change(s) to the TOS or AUP shall not be ground(s) for early termination or non-payment.
This Agreement shall be construed in all respect in accordance with the laws of the state of New York, County of Suffolk applicable to contracts enforceable in that state. Venue will be Suffolk County, New York.
Support Boundaries: IpHosters provides 24 x 7 technical support to our subscribers. IpHosters agrees to provide necessary support for the hardware/equipment(s)/service(s) provided by IpHosters, however all support on the hardware are subject to warranty agreements of the supplier/manufacturer of the said hardware/equipment(s) and in some instances this may lead to delays in restoring the service to the subscriber. IpHosters is not responsible for such delays and is not responsible for any loss monetary or otherwise. IpHosters does not offer tech support for any software that is installed on the server this includes the operating system. Any support issue which requires IpHosters’s technical staff to work on a Subscriber(s) hardware/equipment for problems not relevant to IpHosters’s services will be charged at the rate $75.00/hour (This charge is subject to periodic change and its subscribers responsibility to check the rates before he authorizes any work). The service(s) in case where hourly rate has to be charged is dependent on the receipt of the amount calculated based on approximate time to fix the problem. IpHosters only provides technical support to IpHosters’s Subscriber(s) we do not support Subscriber(s) clientele or any third party who is not an IpHosters subscriber directly. IpHosters reserves the right to charge the prevalent hourly rate for technical service(s) in the event it provides technical service(s) who pretends to be IpHosters’s subscriber and authorizes work on a hardware/equipment(s)/service(s). Support is provided through the support ticketing system, which can be found in your customer account.
Subscriber(s) acknowledges the fact that the nature of the service(s) provided is such that the service can be interrupted for many reasons other than the negligence of the company and as such the Subscriber(s) agrees that the company shall not be liable for any damages arising from such causes and that the company shall not be responsible for any such loss and that the liability of the company in an event of its own negligence shall not exceed the amount payable by the Subscriber(s) for the services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
- Bandwidth and Disk Space: The Subscriber(s) has been allocated the usage of bandwidth and or disk space per month for the service(s) ordered on the order form/ package/special pricing agreed upon at the time of placing the order(s). All bandwidth usage is monitored as far as possible for usage during any given calendar month. The Subscriber(s) agrees to pay any additional charge(s) as applicable that may arise from additional usage of such bandwidth and or disk space usage. IpHosters also reserves the right to demand a deposit or charge the Subscriber(s) a deposit on Subscriber(s) credit card(s) on file with IpHosters in the event the bandwidth usage is likely to exceed the monthly allocated usage on any two days usage back to back.
- System and Network Security: Any violation/attempt to violate security of IpHosters Network/System may result in civil or criminal liability. IpHosters will investigate any such occurrence(s), which may involve such violation(s) and may involve, and cooperate with, law enforcement authorities in prosecuting Subscriber(s) and or their customer(s) who are involved in such violation(s). These violations include but is not limited to:
- Accessing data not intended for such Subscriber(s)
- Logging or trying to log into a server or account, which such Subscriber(s) is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any Subscriber(s), host or network, including but not limited to “flooding”, “mail bombing”, spoofing” or “crashing”.
- Forging or altering any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Obtaining or attempting to obtain service by any means or device with or without the intent of avoiding payment.
- Subscriber(s) Accounts:
- Service Charges: The Subscriber(s) acknowledges that he is aware of the nature of the service(s) and the charges associated there with and that he authorizes any charges that may arises from such service(s) to the credit card on file or agrees to pay such charges forthwith within the stipulated time. The Company reserves the right to prospectively change the specified charges from time to time. Promotional offer(s) are contingent on company achieving and maintaining its service costs including but not limited to the rate charged to the company by its suppliers.
- Failure to Pay: The Company may deny services and terminate this agreement for non-payment. Such termination or denial of service does not relieve the Subscriber(s) of any accrued charges and accrued interest and collection fees.
- Account Cancellation: A request for account cancellation should be made at least 7 days before the end of the billing cycle and not more then 28 days before the next billing cycle. Billing cycle starts the first of every month. So for October, the billing cycle starts October 1st and for November, November 1st, and so on with all twelve (12) calendar months. An account can only be cancelled at the end of the billing cycle i.e. a calendar month, however the Subscriber(s) may choose to have his account terminated in between the billing cycle but is liable for payments for the whole billing cycle and no credits or refund will be issued.
- For cancelling an account, you have to login to your customer account and go to "My Services". This is required to turn over, the service(s), back over to IpHosters.
- The cancellation is only effective on receipt by IpHosters billing department.
IpHosters reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. All refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund.
All refunds are subject to this fluctuation and IpHosters is not responsible for any change in exchange rates between time of payment and time of refund. Customers may cancel at any time via a cancellation form in billing panel.
IpHosters gives you an unconditional 10 day money back guarantee on shared hosting, VPS for any customer who paid the first invoice with any payment methods.
There are no refunds on dedicated servers, domains registration, and install fees for custom software.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
SPAM and Unsolicited Email (UE): IpHosters Subscriber(s) shall not or shall not facilitate anyone to use IpHosters network or systems to SPAM or Unsolicited Email. Violations of this policy carry severe penalties, including termination of services.
Indemnification: Subscriber(s) will defend, indemnify and hold IpHosters and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorney’s fees, related to any violation of the AUP and or TOS by the Subscriber(s) or users of the Subscriber(s) account, or in connection with the use of service or the Internet, or the placement or transmission of any message, information, software, or other materials on the Internet by the Subscriber(s) or users of a Subscriber(s) account.
- Upon Notification of first violation IpHosters will initiate an investigation and during this period may restrict Subscriber(s) access to network, as it considers necessary. An administrative fee of $250.00 will be charged to your account for this at the end of this investigation IpHosters will determine what is to be done with your account and could lead to termination.
- On second violation the same rule applies but the administrative fees will be $500.00
- As our Subscriber(s) are responsible for their own action and that of their Subscriber(s)s, it is in the best interest of the Subscriber(s) to implement a similar or stricter policy.
Internet Relay Chats also called IRC: IpHosters absolutely prohibits hosting of IRC or any services facilitating or relating to such kinds of services.
Monitoring Obligations: Subscriber(s)s acknowledge that IpHosters has no obligation to monitor services in any way unless otherwise specified by contract, but that IpHosters has a right to monitor the service from time to time and to disclose any information as necessary to satisfy any law, regulation, ordinance or other government request, to operate the service properly, or to protect itself or its Subscriber(s). IpHosters shall not intentionally monitor or disclose any private e-mail message unless required by law. IpHosters reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable or in violation of this Acceptable Use Policy.
Responsibility for usage and contents: The Subscriber(s) is responsible for the actions and usage of his user(s)/clientele.
IpHosters is not liable for any damages your business may suffer and does not make any written or implied warranties for any of our service(s) and denies any warranty or merchantability for a particular purpose which may include but is not limited to loss of data resulting from delays, non-deliveries, wrong delivery and or any service(s) interruptions caused by IpHosters.
The company reserves the right(s) to deny service(s) to any subscriber(s) who is or has been in violation of section (2) subsection (d) from any future service(s) until such time the subscriber(s) pays the outstanding charge(s) from the subscriber(s) previous subscription(s) to IpHosters service(s) and those charges have been paid in full satisfaction. The company further reserves the right(s) to demand a security deposit from such subscriber(s) before providing them with any new or additional service(s).