Legal Terms

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  • user warning: Table '.\host_dur\variable' is marked as crashed and should be repaired query: INSERT INTO variable (name, value) VALUES ('workflow_ng_configurations', 'a:18:{s:15:\"payment_entered\";a:0:{}s:11:\"node_insert\";a:0:{}s:11:\"node_delete\";a:0:{}s:11:\"node_update\";a:0:{}s:11:\"node_submit\";a:0:{}s:9:\"node_view\";a:0:{}s:17:\"checkout_complete\";a:0:{}s:19:\"order_status_update\";a:0:{}s:16:\"fee_charge_fails\";a:0:{}s:21:\"fee_charge_successful\";a:0:{}s:11:\"fee_expires\";a:0:{}s:11:\"user_delete\";a:0:{}s:10:\"user_login\";a:0:{}s:11:\"user_logout\";a:0:{}s:11:\"user_insert\";a:0:{}s:11:\"user_update\";a:0:{}s:4:\"init\";a:0:{}s:9:\"user_view\";a:0:{}}') in C:\Domains\host-ware.com\includes\database.mysqli.inc on line 151.
  • user warning: Table '.\host_dur\uc_cart_products' is marked as crashed and should be repaired query: SELECT c.*, n.title, n.vid FROM node n INNER JOIN uc_cart_products c ON n.nid = c.nid WHERE c.cart_id = 'j9j3adkkc9e7gbh0f2jv16t496' in C:\Domains\host-ware.com\includes\database.mysqli.inc on line 151.

 

Terms of Services (TOS)

Service Level Agreement (SLA)

Acceptable Use Policy (AUP)

Choosing dedicated servers provider is never been easy and it seems to be risky when your business is at stake. We know that the availability of your sites is of utmost importance, and entrusting your business to Host-ware® is something that we take seriously. That's why we have built our Legal Terms to cover the multiple components that keep our service up and running.

 

Host-ware's (Legal Terms) is a contract between you (the customer) and Host-ware®. It defines the terms of our responsibility and in case if our responsibilities are not met. We wish our customers to feel at ease with their decision to move their business to Host-ware®, and knowing that Host-ware® takes it seriously as you do is imperative.

In the following we summarize our (Legal)'s main points:

 

Terms of Services (TOS)                                                                                                                                top

Information's collected

We may collect any or all of the information that you give us depending on the type of transaction you enters into, including your name, address, telephone number, fax number and email address, together with data about your use of the server.

All such information is not allowed to be transferred to any other third party. Their usage will be only for that service you ordered by Host-ware®. All customers' information will not be shared, rented, or sold to any third parties.

 

Legal

All services provided by Host-ware® can only be used when the Customer warrants, represents, and covenants to Host-ware® that:

He is at least 18 years of age if an individual,

He possess the legal right and ability to enter into this Agreement

He will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines.

His content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

He agrees to indemnify and hold harmless Host-ware® from any claims resulting from the use of our services.

 

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the package you purchase. Should the 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.

 

Payment Information

Refund for Shared & Reseller Accounts
if you are not completely satisfied with our Web hosting services, and you notify Host-ware in written form within the first 30 days of your contract that you wish to cancel, you will be given a full refund of the contract amount, excluding setup fees and overages. If a refund is due, you will be notified by e-mail; it can take up to 30 days after cancellation of your contract to receive your refund. If you have not received your refund after 30 days, please send an e-mail to Host-ware Accounting.

 

Refund for Dedicated Servers

In this category you will have only 48 hours to cancel the order. A 30 days refund period is not more available by dedicated servers. You can also get the setup fees refunded if you canceled the order within 48 hours after your purchasing.

This policy does not apply to any additional services such as, but not limited to, overages, disk space, e-mail accounts, domain name registration, and Web design services.

 

Refund Policy for Renewals
Charges for the renewal of Web hosting contracts will be refunded if written notification (either via e-mail message or fax transmission) is received no later than the tenth day following the renewal date. This ten day grace period applies to all Host-ware Web hosting plans. Note that refunds will not be granted if your written notification is received after the grace period.

Your e-mail notification to us must be sent from the contact e-mail address that we have on file for your account. Likewise, if you fax your notification to us, your fax must be on letterhead.

There are no refunds on administrative fees, or install fees for custom software.

 

Domain Registration (applies to Web hosting products only)
If domain name registration is associated with the account, upon the cancellation of the Web hosting product, the account will be downgraded to Domain Name Registration Only.

Domain name registration fees are not refundable.

 

Requests to Cancel After Renewal Date
you must notify Host-ware before 30 days of the Renewal Date on your contract if you wish to cancel an account. Host-ware does not offer prorated refunds for cancellation requests submitted less than 30 days of the renewal date.

Host-ware® provides a 10 days grace period from the due time of the invoice. Any invoice that is overdue for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.

 

No Transfer of Funds between Accounts
Host-ware does not transfer funds from one account to another for any reason.

 

Contact and Billing Information
it is your responsibility to keep valid contact and billing information on your account. Host-ware will continue to send information regarding your account in accordance with the contact information you have provided in your Control Panel.

 

Balance Due
Please be advised that the cancellation of an account does not release you from financial responsibility. If your account has a past due balance and you are not eligible for a refund, the Host-ware Accounting department will continue collection efforts.

You agree to supply appropriate payment for the services received from Host-ware®, in advance of the time period during which such services are provided. You agree that until and unless you notify Host-ware® of your desire to cancel any or all services received, those services will be billed on a recurring basis as you ordered before. Cancellations must be done in minimum 30 days before the end of the contract period and in writing via the cancellation form. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.

As a client of Host-ware® it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time.

Host-ware® provides a 10 days grace period from the due time of the invoice. Any invoice that is overdue for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.

Host-ware® reserves the right to change the monthly payment amount and any other charges at anytime in their offers.

There are no refunds on administrative fees, install fees for custom software, or domain name purchases.

 

Note: We allow IRC and Peer to peer, but you are responsible of any claims resulting from the use of our services. (Client's responsibility)

Adult materials are not allowed.

 

Service Level Agreement (SLA)                                                                                                                            top

99.99% Network Uptime

Host-ware® guarantees that the Host-ware® network will be available 99.99% of the time, excluding Maintenance, as defined below. Customers are eligible for a credit for Network Downtime for any violation of this guarantee, which can be verified by Host-ware® technical support team. "Network Downtime" is defined as an inability to transmit and receive data caused by failure of network equipment managed and owned by Host-ware®, excluding Maintenance.

 

Technical Support

Web hosting customers can contact our technical support team via Host-ware® Ticketing System for free. A Phone and Online Support is only available against extra charges (12/6).

All dedicated server customers can contact our support team (24/7) for any failure at our Network or Server Hardware. Any additional software issues can only received during our normal operation hours (12/6).

According to the DRAC5 (which is installed in all of our servers) we ensure our dedicated server customers, that they will have all the support facilities directly at their hand, without any need to a technical support. However, our team is always ready for any help you may need.

12/6 means: 12 hours a day, 6 days a week.

 

Server Hardware Support & Replacement

Host-ware® guarantees the functioning of all dedicated hardware and will replace any failed component at no cost to the customer directly through "DELL Hardware Support" within the appropriate time frame dependent on the server category, the server is in:

Basic Class: 5x10 HW-only, 10/5 (10 hours x 5 days a week), NBD Onsite. è Free.

Silver Class: Warranty Repair: max. 4 hours, 10/5 (10 hours x 5 days a week) Onsite after diagnosis. è 3 Years: 500 USD.

Gold Class: For end users max. 4 hours, 24/7 (all times), Onsite. è 3 Years: 1200 USD.

Premium Class: For end users and Mission Critical, max. 4 hour (all times), in Addition to an updated backup version which can be via IP-Switching prompt online (just five minutes from customer's support ticket concerning). è 3 Years: 2000 USD.

 

All time frames are based on Host-ware's receipt of customer's support ticket concerning the hardware issue, Host-ware's identification of the failed hardware ("Replacement Guarantee") and the scheduled maintenance window confirmed with the customer. "Dedicated Hardware" means the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware listed in the Service. Replacement Guarantee does not include the time required to rebuild a RAID array or the reload of the operating systems and applications or changes to dedicated hardware during maintenance, as defined below. 

 

Power and HVAC Availability

The Host-ware® SLA guarantees that its power and HVAC (Heating Ventilation Air Conditioning) systems will be available 100% of the time in a given month, excluding Maintenance, as defined below.

 

"Infrastructure Downtime" means:

(a) The power or HVAC systems are not available and (b) Customer submits a Host-ware® support ticket detailing the unavailability of the power or HVAC systems resulting in customer downtime. Infrastructure Downtime does not include downtime issues related to power panels or power supplies on Customer's server.

 

Acceptable Use Policy (AUP)                                                                                                                              top

Remedies
In the event Host-ware® customer experiences Infrastructure Downtime or Network Downtime as outlined herein, provided Customer follows the procedures outlined herein, Host-ware® will apply a credit ("Credit") to customer's account in an amount equal to five percent (5%) of the MRC for the affected account for each one hour of downtime or fraction thereof. "MRC" means the monthly recurring charge for hosting service for the server experiencing the issue excluding any add-on or optional services which are not included as part of the standard hosting plan but are included as part of such customer's monthly recurring charge.

In order to claim Credits, Customer must open a Host-ware® support ticket. All downtimes will be measured from the time the ticket is received and validated by Host-ware® to the time Host-ware® in its sole discretion is able to resolve the issue. Customer may not receive more than one (1) Credit per incident and in no event will Customer receive greater than one month's Net MRC per incident under this SLA.

Customer must be a Host-ware® customer in good standing to receive the credit. No Credit will be applied to accounts that are past-due or for accounts that are cancelled before the conditions for payment of the Credit are met. Upon cancellation of the customer's account, any outstanding or previously accrued Credits will be forfeited. Credits will be applied against purchases or renewals for which payment is due after the date the credit is applied. Credits will not be applied against past due balances.

 

Exceptions

Customer shall not be entitled to any Credit hereunder if Infrastructure Downtime or Network Downtime is caused by: (I) actions of the Customer or others authorized by Customer to use the Service under the Agreement; (II) the failure of power, facilities, equipment, systems or connections not provided by Host-ware®; (III) the failure of Third Party Service to Host-ware® network; (IV) application, software, or operating system failure, (V) the result of network maintenance activity, (VI) Denial of Service attack, hacker activity, or other malicious event or code targeted against Host-ware® or a Host-ware® Customer, or (VII) failure of any Network or Internet Infrastructure not owned or managed by Host-ware®. Server Hardware Replacement guarantee does not include time required to perform data restores and backups if applicable.

 

Backups and Data Loss

  • * Your use of the service is at your sole risk. Host-ware® is not responsible for files and/or 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 Host-ware® servers.
  • * Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backup. Customer can use in this case the free offered FTP backup space with each server.

Domain names

If you have registered a domain name with a registrar you should not encounter any problems. So if you have registered a domain name through Host-ware®, be sure you retain all rights to the domain name and you have owned it completely (connected to your own email).

 

Security and Passwords

  • * Host-ware® reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter facilities. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Host-ware® reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter.
  • * Customers are solely responsible for any security breaches affecting servers or accounts under your control. If your server is responsible for or involved in an attack on or unauthorized access into another server or system, Host-ware® reserves the right to shut it down immediately. Customer will pays any charges resulting from the cost to correct security breaches affecting Host-ware® or any of its other customers.

 Maintenance

"Maintenance" means Scheduled Maintenance or Emergency Maintenance.

"Scheduled Maintenance" means any maintenance in the data center (a) of which the customer is notified at least 24 hours in advance, or (b) that is performed during Host-ware® standard maintenance.  This "Maintenance Time" can not be more than 20 minutes per month and must be announced in the Host-ware® official web site.

"Emergency Maintenance" means any maintenance in the data center that: (a) in Host-ware® sole discretion, is necessary to avoid an immediate threat to the Data center or Customer's server and (b) of which Customer is notified. Any Emergency Maintenance in excess of 2 hours per event will count as Network Downtime.

 

Price Changes

The amount you pay for server will never increase from the date of purchase. On the other hand we reserve the right to change prices listed on Host-ware.com and the right to increase the amount of resources given to plans at any time.

 

Changes to this policy

Any changes to our Privacy Policy will be placed here. We will take reasonable steps to draw your attention to any changes in our Policy. However, to be on the safe side, we suggest you to read this document each time you visit our website to ensure that it still meets with your approval.

"This TOS, SLA, AUP and all Host-ware® Services are subject to the Host-ware® Legal Terms"

 

Authorized Retailer s

2Checkout.com, Inc. is an authorized retailer of goods and services provided by Host-ware.com

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