Hostwinds Terms of Service

Terms of Service

These Terms of Service are an agreement (the "Agreement") between Hostwinds LLC ("Hostwinds") and you ("Client" or "you" or "your"). This Agreement states the terms and conditions of your use of the products and services (the "Services") made available by Hostwinds and the Hostwinds.com website. By using any of the Services, you agree to be bound by all of the terms and provisions of the Agreement.

Ownership

The owner of the payment method which is used for payment on the account is designated as the authorized owner of the account.

Third Party Providers

All transactions with third-party providers are solely between you and the individual provider. Hostwinds is not the agent, representative, trustee or fiduciary of you or the third-party provider in any transaction.

All discounts, promotions, and special third-party offers may be subject to additional restrictions and limitations by the third-party provider. You should confirm the terms of any purchase and/or use of goods or services with the specific third-party provider.

Hostwinds does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third-party provider. You undertake all transactions with these providers at your own risk.

Use of Service

All Services may only be used for lawful purposes. The laws of the United States of America apply to all Clients of Hostwinds. You agree to indemnify and hold harmless Hostwinds from any claims resulting from your use of Hostwinds Services. You represent and warrant to Hostwinds that you are eighteen (18) years of age or older. Any use of or access to the Services by anyone under eighteen (18) years of age is prohibited.

If you use the Services on behalf of another party, you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf.

Use of the Hostwinds Services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all Shared, Business and Reseller servers include:

  • X IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • File Dump/Mirror Scripts (similar to Rapidshare)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Lottery/Gambling Sites
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to Warez/pirated/illegal content.
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).

All of the files on our shared hosting accounts must pertain to your website(s). This space may only be used for web files, active emails, and content of Client Websites.

It is your responsibility to ensure that scripts/programs installed under your account are secure, and permissions of directories are set properly, regardless of installation method.

Solely for the purpose of providing the Services, you hereby grant to Hostwinds the right and license to access, store and use any content provided by you, and to remove all or any portion of such content if you violate the provisions of this Agreement.

Payment

Hostwinds provides subscription-based services that renew automatically on a recurring basis to prevent any disruption of said services.

Payment for all non-hourly services is due and payable in advance of the time in which said services are provided. Payment for all hourly services is due and payable on the first (1st) of every month for the usage of the service for the previous month.

Using payment information for Credit Card, PayPal, or Alipay at the time of checkout will store that information on file for future use.

Listed fees for Hostwinds services do not include any sales, use, revenue, excise, or other taxes imposed by any taxing authority. Any non-hourly service with an invoice that is outstanding for more than fourteen (14) days may be terminated.

Anniversary Billing

Hostwinds uses Anniversary Billing for service renewals and new service orders. The day of the month that an account is opened, would work as the recurring due date for the services purchased on the account.

Zero-Tolerance SPAM Policy

Hostwinds has zero-tolerance for Clients sending unsolicited e-mail, unsolicited e-mailing, and SPAM.

Transfers

Our Support Engineers will make every effort to assist you with the move of your website or server to us.

Backups and Data Loss

Your use of Hostwinds Services is at your sole risk. Hostwinds servers are setup with RAID to constantly mirror all data to a second disk. Hostwinds is not responsible for files and/or data stored on Hostwinds servers.

Refunds

Payments made for eligible services provided by Hostwinds, LLC may be eligible for a prorated refund. In order to be eligible for a refund a service must be cancelled within our client portal.

Unlimited Hosting Policy

Hostwinds will allocate an unlimited amount of disk space and bandwidth for our Shared, Business, Reseller, and White Label Reseller services.

Bandwidth Overage Fees

The Cloud and Dedicated servers that Hostwinds provides come with a set amount of monthly Bandwidth based on the offered service's tier or resources.

Abuse Towards Hostwinds

At Hostwinds, Clients are treated with respect. In return, Hostwinds expects an equal level of respect from their Clients.

Price/Plan Changes

Hostwinds reserves the right to change prices at any time. We will provide you with at least thirty (30) days prior to you being billed at the updated price.

Changes to the Agreement or the Services

Hostwinds may modify, add, or delete portions of this Agreement at any time.

Cancellations

With the exception of Domain name registrations, and items stored in Cloud Storage, it is required to request cancellation of a service through the Client Area on the service's management page.

Termination

Hostwinds may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files without notice in the event that you violate the terms and conditions of this Agreement.

Indemnification

You agree to indemnify, defend and hold harmless Hostwinds, our affiliates, and their respective officers, directors, employees and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses arising out of or relating to your use of the Services.

Arbitration

By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association ("AAA") in connection with any dispute relating to this Agreement.

Governing Law; Jurisdiction

Any controversy or claim arising out of or relating to this Agreement shall be governed by the internal laws of the State of Washington.

Entire Agreement

This Agreement, including documents incorporated herein by reference or otherwise referred to herein, supersedes all prior discussions, negotiations and agreements between the parties.