Tos-1. Disclosure to Law Enforcement:
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company
may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law
enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Host 99
Web Services shall have the right to terminate all service set forth in this Agreement.
Tos-2. Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to
Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time.
The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited
to rates charged to the company by its suppliers.
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due
on the anniversary date of the month for that month's service. If for any reason we are unable to provide the goods or service,
we will contact you within 3 business days.
Tos-4. Payments and Fees:
Accounts that are not paid on the due date will be suspended until payment has been received and will be charged a 5% late fee. Accounts
overdue by 24 hours or more will be terminated and all files removed from our servers. If you wish to cancel your account, please
follow the proper procedure to do this as outlined in this TOS.
Tos-5. Refund and Disputes:
Any account within the 30 day money back guarantee are entitled to a full refund excluding Dedicated IP Addresses and SSL
Certificates all account holders wishing to cancel within the 30 days must request cancellation within 15 days of the invoice
generation date. If you are using a SSL discounted by our loyalty program the SSL is not transferable unless paid in full,
the full price of our loyalty SSL discounted certificate is $99.99.
Any account holder failing to do so agrees to these terms and conditions during checkout to waive this refund and is non
transferable from PayPal or Credit Card company as these terms and conditions are a legal binding agreement to all TOS / AUP
policies. All payments to Host 99 Web Services are non refundable after our 30 Day Money Back guarantee including Quarterly,
Semi-Annual and Annual accounts.
All payments to Host 99 Web Services are non refundable. This includes any one time setup fees and subsequent charges regardless
of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a
or payment that, in the company's sole discretion is a valid charge under the provisions of the TOS and / or AUP, you agree to pay Host 99
Web Services an " Administrative Fee" of not less than $25 and not more than $75.
Refunds & Cancellation Fees
Refunds of any design fees may be issued on accounts cancelled prior to completion of the design according to the following schedule:
- A minimum of a 25% cancellation fee will be retained by Host-99 on cancelled accounts even if no web hosting has been started and no content yet submitted by the Client.
- A minimum of a 50% cancellation fee will be retained by Host-99, on cancelled accounts if the web hosting has been presented to the Client; or Host-99 has made multiple attempts
to work with the Client, and Client has not responded to those attempts.
- A minimum of a 75% cancellation fee will be retained by Host-99 if the first round of changes and modifications, requested by the Client, has been completed by Host-99, LLC. Including but
not limited to, research and attempots of installed software not listed as auto installed software by our cPanel platforms.
- A 100% cancellation fee will be retained by Host-99 and NO REFUND issued after the second round of changes and modifications, requested by the Client, has been completed by Host-99, LLC.
No Refund will be issued on any website cancelled after services have been rendered, including but not limited to, the design work having been completed and/or the website taken live.
MINIMUM CANCELLATION FEE – Client agrees that a minimum cancellation fee of 25% will be retained by Host-99 on all cancelled accounts even if no web hosting has been started. The cancellation fee
is charged to compensate Host-99 for up-front expenses and services rendered, including but not limited to, costs incurred for the purchase of domain name(s) for rearching software for the cusotmers
website, securing server space, creating the temporary website or space saver, employee expenses, marketing, and overhead costs.
The purpose of this chargeback policy is to recover operating expenses incurred from protecting the company’s financial well-being from those individuals who would take financial advantage
of our services instead of utilizing our easy refund policy.
What is a chargeback?
When a bank forcibly reverses a credit card transaction, returning funds to the cardholder, it is known as a chargeback. Consumers may request a chargeback for nearly any reason. As a result,
it is possible to commit "friendly fraud": a credit card industry term used to describe a consumer who makes an Internet purchase with his/her own credit card and then issues a chargeback through
his/her card provider after receiving the goods or services.
How does Host-99 handle chargebacks?
Host-99 considers chargebacks and any kind of disputes through payment processors to be fraud if a customer has made no reasonable effort to work with us to resolve any problems with a purchase. In
other words, we expect our customers to follow our refund policy instead of issuing a chargeback or opening a dispute, and chargebacks/disputes are always considered to be fraud. Fraudulent chargebacks
may be turned over to a law enforcement or collection agency.
Since fraudulent purchases are often associated with malware and phishing, immediate termination of all services related to the chargeback is required to prevent possible damage. When Host-99
receives a chargeback notice, the account in which the service was purchased is immediately blocked, and all related services in the account are terminated.
Please, be advised, that a customer must reverse the chargeback in order to restore a blocked account. This returns the initial funds to us, cancels the penalty fee we receive for
"allowing" fraud to be committed, and generally erases any "black marks" against us for the transaction. We do not accept additional payment for services on a different card.
All chargebacks not only cost our employees time away from our usual and customary matters of conducting normal business, but cost us money. Therefore, you agree that if you, the buyer, choose to
do business with Host-99, and you issue a chargeback, and you do not win the chargeback argument, you agree to pay us $35 for our time responding to the matter. You, the buyer, authorize us to
charge this amount to your account balance or credit card.
How do I cancel a chargeback or dispute?
To cancel a chargeback, you must contact your credit card provider and issue a chargeback reversal. To cancel an open dispute you must contact the online payment processor and close your dispute.
The following services and products including custom ordered services are absolutely not refundable for any reason:
- Web Development (Of Any Kind)
- Web Design (Of Any Kind)
- Domain Registrations or Transfers
- SSL Certificates
- Hosting Fees (After the Money Back Guarantee Expiration)
- Late Fees (For Any Service)
Tos-5A. SSL Purchases (PCI Accounts ONLY) (Updated 01/24/2103):
Any and all SSL products purchased from Host 99 are strictly non refundable or non-transferable. All SSL products that have already been compiled and
installed onto any Host 99 network, server infrastructures cannot be transferred to another host provider. ALL PCI regulated accounts are encrypted with
a specific encryption (PCI Bundle) developed by Host 99 PCI technicians to work with all SSL products provided by Host 99. PCI Bundles are licensed ONLY
to Host 99 Servers. If you have any questions or concerns with this section. Please contact a support representative for more information.
Tos-5B. Non-profit and Donations Refund Policy:
Host-99 welcomes all non-profit organizations with valid and verified 501(c)(6) documentation kept on record. In the case of the non-profit status we offer discounts
to help the organization to succeed with their charity. In the event of all documents being verified all discounts offered, funds paid on any service including hosting, SSL Certificates
and Domains or any service of any kind are final. Do to the circumstance the discounts offered have been met with the costs of the service at no profit rate by our company or partners.
All funds paid cannot be refunded in the event of cancellation. We require the non-profit organizations to sign with verification and require a digital signature on file in order to offer
this service to a non-profit organization. With signature on file you as the administrator of the charity agrees to forfeit any funds paid after the 45-Day Money back Guarantee as expired
in an even of a cancellation for any reason as funds paid are at non-profit rates and is at full costs of the service only. This applies to Monthly, Quarterly, Semi-Annual and Annual agreements.
If any organizational has questions before proceeding with any new service please contact us and our sales specialists will discuss your options.
Tos-6. Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure of a 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.
Tos-6A: Custom Services (Ex: Web Development, Software Repairs, Web Design)
Any custom services that are not paid in full once completed any if not all services can be suspended terminated without notice.
This includes the following services performed by Host 99 or any of it's sister companies or partners. Any disputes file such
as charge backs will result in immediate halt of service hosting or development and will result in reporting to all 3 Major Credit
Agencies and file for credit deduction against your credit and possible legal action maybe assessed through the Host 99 Legal
Department for capture of funds owed to Host 99
- Domain name registration fees or Domain itself. (Combination Packages)
- Sites deemed to be in violation of our Terms of Service Agreement
- Sites hosting illegal or copyrighted material
- Sites promoting the use of, or affiliated with Warez, Cracks, KeyGens, etc.
- Sites featuring illicit illegal material including child pornography
- Sites featuring counterfeit goods or knock off products
- Sites being used for credit card phishing, or consumer financial schemes
- Sites or e-mail services being used for mass advertising or 'SPAM' purposes.
- Any other site deemed to be malicious or fraudulent in nature
Tos-7. Account Cancellation:
Requests for canceling accounts must be made through your Host 99 Web Services client center and request that your
account be canceled. All account information must be included in the cancellation request, email requests for canceling accounts
must be with at least 15 days on all services. Any cancellation requests after the 15 day period are not elgible for a refund. Your signature at purchase puts you the subscriber acknowledges
that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service
are difficult to as certain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
If any service is unpaid and cancelled we reserve the right to put that service into collections for attempts to collect.
Tos-8. New Domain Accounts:
All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 12 hours. Due to unforeseen complications,
however, this process may sometimes require up to 72 hours.
Tos-9. Support Boundaries:
Host 99 Web Services provides 24 x 7 technical email support to our subscribers (except for a few holidays when we close our offices). We limit our
technical support to our area of expertise.
The following is our guidelines when providing support: All tickets have a Four Hour Turn Over Time on responding due to the type of ticket and
investigation required for that request such as IP blocking, PCI Compliance Support, Dedicated Servers. On these type of support requests Email Support is
the only availability for Best Tracking and Logging required
- Host 99 Web Services provides support related to your web site's physical functioning.
- Host 99 Web Services does not offer tech support for application specific issues such as CGI programming, HTML or any other such 3rd party script issues.
- Host 99 only offers PCI support to the customers subscribe any other party outside the Host 99 Network will not be supported no exceptions.
- All other support requests are answered in the order they are received such as Hosting support, PCI Support, Web Development Support and Domain Support.
If you can email, we encourage you to email us for assistance. If you are able to get Online and have other questions, the answers may be on our support
pages accessible via our home page - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your
question so please do investigate these resources.
Tos-10. SPAM and Unsolicited Commercial Email (UCE):
Host 99 Web Services takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means
that customers of Host 99 Web Services may not use or permit others to use our network to transact in UCE. Resellers, web masters and web site owners of
Host 99 Web Services may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy
carry severe penalties, including termination of service.
Violation of the Host 99 Web Services SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Host 99
Web Services will initiate an immediate investigation (within 24 hours of notification). During the investigation, Host 99 Web Services may, at its sole
discretion, restrict, suspend or terminate customer's account. Further, Host 99 Web Services reserves the right to pursue civil remedies for any costs
associated with the investigation of a substantiated policy violation. Host 99 Web Services may restrict customer access to the network to prevent further
violations. If a customer is found to be in violation of our SPAM policy, Host 99 Web Services will notify law enforcement officials if the violation is
believed to be a criminal offence.
First violations of this policy will result in an "Administrative Fee" of $50 and your account will be reviewed for possible immediate
termination. A second violation will result in an " Administrative Fee" of $100 and immediate termination of your account. Users who violate this
policy agree that in addition to these " Administrative" penalties, they will pay " Research Fees " not to exceed $50 per hour that Host 99
Web Services personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Resellers are ultimately responsible for the actions of their clients on Host 99 Web Services servers, it is advisable that Resellers develop a
similar, or stricter, policy for their clients.
Anyone hosting web sites or services on their server that supports spammers or causes any of our IP space to be listed in any of the various Spam Databases
will have their web site immediately removed from our servers. Severe violations may result in immediate and permanent removal of all sites for that
customer from our servers without notice to the customer. Any customer guilty of a second violation WILL be immediately and permanently removed from our
servers without notice.
Tos-11. Resource Usage:
User may not:
- Use 5% or more of system resources for longer than 90 seconds that are hosted on any "Shared or Reseller Hosting Packages"
This includes PCI Shared and VPS. There are numerous activities that could cause such problems; these include:
CGI scripts, FTP, PHP, HTTP, etc.
- Use 10% or more of system resources for longer than 90 seconds that are hosted on any "Semi Dedicated Level 1 Hosting Packages".
- Use 20% or more of system resources for longer than 90 seconds that are hosted on any "Semi Dedicated Level 2 Hosting Packages".
- Use 30% or more of system resources for longer than 90 seconds that are hosted on any "Semi Dedicated Level 3 Hosting Packages".
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
- Run cron entries with intervals of less than 15 minutes
Account storage is to be used for web hosting purposes only and not personal storage.
50MiB files is max for business related reasons only. Be advised action will be taken if found to cause issues with the servers.
If you need larger storage for your business please consider our
Dedicated Plans or
PCI Dedicated Plans to avoid any interruptions.
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include
("http://yourdomain.com/include.php") use include("include.php")
The use of more then 50,000 INODES will result in account suspension. Accounts found exceeding 50,000 INODES will not be backed up on our backup servers. A
INODE is the actual file or directory and not the size of that file or directory. For example your index.php file is 1 INODE. A directory called homework is
counted as 1 INODE as well.
Tos-13. Network: Bandwidth and Disk Usage
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the
"Agreed Usage "). Host 99 Web Services will monitor Customer's bandwidth and disk usage. Host 99 Web Services shall have the right to take corrective
action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection
or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in the Company's sole and absolute discretion.
If Host 99 Web Services takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such
h action. In the event that a customer exceeds the included allocation, Host 99 Web Services may, at its sole discretion, request a deposit, in an amount
determined by Host 99 Web Services.
System and Network Security:
Users are prohibited from violating or attempting to violate the security of Host 99 Web Services and its services. Violations of system or network security
may result in civil or criminal liability. Host 99 Web Services 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:
- Accessing data not intended for such User or logging into a server or account, which such User 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
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading,
"flooding", "mail bombing " or "crashing ".
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.
Tos-14 Notification of Violation:
- Host 99 Web Services is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we
assume any responsibility through our AUP to monitor or police Internet-related activities.
- First violation: Any User, which Host 99 Web Services determines to have violated any element of this Terms Of Service Agreement, shall receive an
email, warning them of the violation. The service may be subject at The Company's discretion to a temporary suspension pending a User's agreement to refrain
from any further violations.
- Second Violation: Users that Host 99 Web Services determines to have committed a second violation of any element of this Terms Of Service Agreement
shall be subject to immediate suspension or termination of service without further notice.
- Host 99 Web Services reserves the right, to drop the web sites or accounts involved in Spam or Denial-of-Service complaints if it is clear that the
offending activity is causing great harm to parties on the Internet. In certain rare cases, we may have to do this before attempting to contact you. If we
do this, we will contact you as soon as is feasible.
Tos-15. Suspension of Service or Cancellation:
Host 99 Web Services reserves the right to suspend network access to any customer if in the judgment of the Host 99 Web Services network administrators the
customer's website is the source or target of then violation of any of the other terms of the AUP or for any other reason which Host 99 Web Services
If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification
to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the
customer's services were suspended.
Tos-16. Backups & Restores:
Host 99 Web Services provides the tools and resources needed to create offline / local backups of your site and its data, It is the responsibility of the
customer to keep up-to-date backups of there site and its data.
Host 99 Web Services does not currently utilize any off server / remote backup services and is not responsible for any lost of data or profit.
We perform routine daily, weekly and monthly backups of all users data. No guarantees are made of any kind, either expressed or implied, as to the
integrity of these backups.
Host 99 Web Services is not responsible for any users data and all users are encouraged to perform their own daily backups, if a user experiences data
due to there own doing, Host 99 Web Services may charge a one-time $75 restoration fee per incident that requires a backup to be restored to a users account,
in most cases Host 99 Web Services prefers not to impose any extra charges on the customers for this service.
You agree to indemnify, defend and hold harmless Host 99, and its parent, subsidiary and affiliated companies, third party service providers and
each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and collectively, "indemnified parties")
from and against any and all claims, damages, losses. liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses
(including, but not limited to, reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties
arising out of, or relating to: (i) your use of the Services; (ii) any violation by you of any of Host 99's policies; (iii) any breach of any of your
representations, warranties or covenants contained in this Agreement; or (iv) any acts or omissions by you. The terms of this section shall survive any
termination of this Agreement. For the purpose of this paragraph only, the terms used to designate you include you, your customers, visitors to your
website, and users of your products or services the use of which is facilities by Host 99.
- any injury to person or property caused by any products sold or otherwise distributed in connection with Host 99 Web Services;
- any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement and
- any defective products sold to customers from Host 99 Web Service's server.
Tos-18. Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are used, in that order of preference.
- A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or
subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
- Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime
without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further
- Host 99 Web Services takes no responsibility for any material input by others and not posted to the Host 99 Web Services servers by Host 99 Web
Services. Host 99 Web Services is not responsible for the content of any other web sites linked to the Host 99 Web Services servers and web sites;
links are provided as Internet navigation tools only. Host 99 Web Services disclaims any responsibility for any such inappropriate use and any liability
to any person or party for any other person or party's violation of this policy.
- Host 99 Web Services is not responsible for any damages your business may suffer. Host 99 Web Services does not make implied or written warranties for
any of our services. Host 99 Web Services denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service interruptions caused by Host 99 Web Services
- Whereas Adult material is permitted It is absolutely forbidden to host any pornographic material that is considered to be unlawful, obscene, harassing,
threatening, abusive, libelous or hateful, This will be determined at our sole discretion and accounts found hosting this material will be subject to
immediate cancellation without refund. If you are unsure as to whether your content is permitted then please email our support team.
Tos-19. Responsibility for Content:
You, as the Host 99 Web Services customer, are solely responsible for the content stored on and served by your Host 99 Web hosted web site.
It is you (The Customers) responsibility to backup your database, files, directories, images or any file you may have stored within your account.
In the case of a server crash or hardware failure, software updates, PCI Compliance updates or any other updated required to keep performance and
accuracy of security. Host 99 technicians or administrators and partners are not responsible if any data is lost. Due to lack of failure to backup
or store files and databases locally to your own personal storage such as a personal computer, external hard drive or server.. We HIGHLY recommend
you back up these commodities frequently using our supplied tools such as FTP, phpMyadmin, and if available for your hosting plan the backup feature
inside your hosting account.
Tos-20. Changes to the TOS:
Host 99 Web Services reserves the right to amend its policies at any time. All resellers and web masters of Host 99 Web Services must adhere to the above
policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients
in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or