A. Hostway Web Hosting &
E-commerce Customer Restrictions
The following
Terms of Use apply only to Hostway’s
Web Hosting and E-Commerce customers,
and supplement the terms in sections
C and D that apply to all Hostway
customers:
Server Resources
Any web site that uses a high amount
of server resources (such as, but
not limited to, CPU time, memory usage,
and network resources) will be given
the option to either pay additional
fees (which will depend on the resources
required), reduce the resources used
to an acceptable level, or upgrade
its service to a Dedicated Server
plan. Hostway will be the sole arbiter
of what is considered to be a high
server usage level. All Web Hosting
and E-Commerce accounts come with
a limit of 5,000 files per account.
Each block of 5,000 files after the
initial 5,000 will incur an additional
charge of US$9.95/month. Any Web Hosting
and E-Commerce account deemed to be
adversely affecting server performance
or network integrity will be shut
down without prior notice.
Spamming
Sending unsolicited bulk and/or commercial
messages over the Internet (known
as "spamming") is prohibited,
regardless of whether or not it overloads
a server or disrupts service to Hostway’s
customers. The term "spamming"
also includes, but is not limited
to, maintaining an open SMTP policy,
engaging in spamming using the service
of another ISP or IPP and referencing
in the spam a web site hosted on a
Hostway server, and selling or distributing
software (on a web site residing on
a Hostway server) that facilitates
spamming. Violators will be assessed
a minimum fine of $200 and will face
immediate suspension. Hostway reserves
the right to determine, in its sole
and absolute discretion, what constitutes
a violation of this provision.
CGI Scripts
Any scripts that pose a potential
security risk or are deemed to be
adversely affecting server performance
or network integrity will be shut
down or will be automatically removed
without prior notice. Hostway does
not permit CGI script sharing with
domains not hosted by Hostway or any
scripts that may be abused for UCE
purposes.
Chat Rooms
Hostway does not allow Web Hosting
and E-Commerce customers to install
their own chat rooms. Chat rooms tend
to require significant system resources
and therefore cannot be permitted
as an account option. However, for
a small charge, Hostway provides Java
chat rooms that meet most users' needs
and run without hindering system performance.
Background
Running Programs and Cron Jobs
Hostway may allow programs to run
in the background. These programs
will be considered on an individual
basis and Web Hosting and E-Commerce
customers will incur extra charges
based on system resources used and
operational maintenance needed. If
you wish to run background programs
please contact Hostway at support@hostway.com
so that we can arrange set-up.
IRC
Hostway does not allow IRC or IRC
bots to be operated by Web Hosting
and E-Commerce customers.
Software Distribution
Hostway's Web Hosting and E-Commerce
accounts are not configured for the
purposes of distributing software
and/or multimedia products. If you
wish to distribute software and/or
multimedia files, please contact sales@hostway.com
to make special arrangements.
Multimedia
Files
Multimedia files are defined as any
graphics, audio, and video files.
Hostway Web Hosting and E-Commerce
accounts are not to be used for the
purposes of distributing and storing
unusual amounts of multimedia files.
Any web site whose disk space usage
for storing multimedia files exceeds
70% of its total usage, in terms of
total size or number of files, will
be considered to be using an unusual
amount of multimedia files.
Databases
Any database stored on Hostway's Web
Hosting and E-Commerce servers will
be limited in size to 10% of the total
disk space allotted for that particular
domain's plan/web hosting account.
B. Hostway Dedicated Server
Customer Restrictions
The following Terms of Use apply
only to Hostway’s Dedicated
Server customers, and supplement the
terms in sections C and D that apply
to all Hostway customers:
Customer Security
Responsibilities
The customer is solely responsible
for any breaches of security affecting
servers under customer control. If
a customer's server is involved in
an attack on another server or system,
it will be shut down and an immediate
investigation will be launched to
determine the cause/source of the
attack. In such event, the customer
is responsible for the cost to rectify
any damage done to the customer's
server and any other requirement affected
by the security breach.
IRC
Hostway allows Dedicated Server customers
the use of IRC inside the Hostway
network as long as the use of IRC
on a Hostway server does not violate
any of the other terms of these TOU.
As a policy, Hostway will not provide
vanity IRC reverse DNS records. To
enforce this policy Hostway does not
turn the reverse address of IPs over
to the customer. Authority over this
information remains with Hostway.
Billing for
Network Resources
The customer understands that the
customer is responsible for paying
for any network resources that are
used to connect the customer's server
to the Internet. The customer may
request that the customer's server
be disconnected from the Internet,
but the customer will still be responsible
for paying for any network resources
used up to the point of suspension
or cancellation.
C. All Hostway Customer Terms
of Use
The following Terms of Use apply
to ALL Hostway customers:
Hostway Services
Hostway’s services include,
but are not limited to:
- any act of preparing, setting
up, connecting, maintaining, terminating,
or reconnecting customers’
account (including all billing data
and the space on the particular
Web server that Hostway provides
to customers);
- any use by customers, or any
access provided to customers by
Hostway, of computing, telecommunications,
software, information, hardware,
and equipment;
- any act, or provision of any
service, by Hostway to customers,
related to web hosting and domain
name registrations (including server
usage and technical support), regardless
of duration and whether paid for
or not;
- any provision by Hostway to customers,
of any space, Internet connectivity,
or electrical power;
- any access or use related to
the Hostway’s web site, including
the web site itself;
- any other service mentioned in
the TOU;
- any other service provided by
Hostway to customers, whether used
or not;
- any other Hostway services that
are used by customers, whether offered
or provided by Hostway to customers.
Ownership of Web Site
The legal owner of customers’
web sites and accounts with Hostway
will be the individual or organization
whose name is listed in Hostway’s
database as the owner. Customers will
fully cooperate with and abide by
any and all of Hostway’s security
measures and procedures in the event
of any dispute over ownership of customers’
web sites and accounts with Hostway.
Illegal Use
Hostway servers may be used for lawful
purposes only. Transmission, storage,
or distribution of any information,
data, or material in violation of
any applicable law or regulation,
or that may directly facilitate the
violation of any particular law or
regulation is prohibited. This includes,
but is not limited to: copyrighted
material; trademarks; trade secrets
or other intellectual property rights
used without proper authorization;
material that is obscene, defamatory,
constitutes an illegal threat, or
violates export control laws. Additionally,
in purchasing Hostway services, all
Hostway customers certify that they
and/or the organization they represent
in procuring services from Hostway
are not, nor have been designated,
a suspected terrorist as defined in
Executive Order 13224; are not owned
or controlled by a 'suspected terrorist'
as defined in Executive Order 13224;
and are not on, are not a member of,
related to, associated with, or controlled
by any organizations on the list contained
in the Annex to Executive Order 13224
and all updates thereto.
Spamming
Sending unsolicited bulk and/or commercial
messages over the Internet (known
as "spamming") is prohibited,
regardless of whether or not it overloads
a server or disrupts service to Hostway’s
customers. The term "spamming"
also includes, but is not limited
to, maintaining an open SMTP policy,
engaging in spamming using the service
of another ISP or IPP and referencing
in the spam a web site hosted on a
Hostway server, and selling or distributing
software (on a web site residing on
a Hostway server) that facilitates
spamming. Violators will be assessed
a minimum fine of US$200 and will
face immediate suspension. Hostway
reserves the right to determine, in
its sole and absolute discretion,
what constitutes a violation of this
provision.
System and
Network Abuse
Violations of system or network security
are prohibited and may result in criminal
and civil liability. Examples of system
or network security violations include,
without limitation the following:
unauthorized access to or use of data,
systems or networks, including any
attempt to probe, scan or test the
vulnerability of a system or network
or to breach security or authentication
measures without express authorization
of the owner of the system or network;
interference with service to any user,
host or network including, without
limitation, mail bombing, flooding,
deliberate attempts to overload a
system and broadcast attacks; forging
of any TCP-IP packet header or any
part of the header information in
an email or a newsgroup posting.
Viruses and
Other Destructive Activities
Use of Hostway’s services or
equipment for creating or sending
Internet viruses, worms or Trojan
horses, or for pinging, flooding or
mail bombing, or engaging in denial
of service attacks is prohibited.
It is also prohibited for any customer
to engage in other activity that is
intended to disrupt or interfere with,
or that results in the disruption
of or interference with, the ability
of others to effectively use Hostway’s
services and equipment (or any connected
network, system, service or equipment)
or conduct their business over the
Internet.
Copyright
Violations
The Digital Millennium Copyright Act
("DMCA") sets forth the
law regarding the use of copyrighted
materials on the Internet. All Hostway
customers are subject to the requirements
of the DMCA. Individuals or entities
submitting notifications of copyright
infringement by a Hostway customer
(per the DMCA) to Hostway must follow
the below procedures. Copyright infringement
notifications submitted to Hostway
according to these procedures will
be processed within 21 days of receipt.
Customers who are the subject of a
DMCA notification that meets the below
criteria may be subject to account
termination at Hostway’s sole
discretion.
DMCA Copyright Infringement Notification
Requirements:
a. Signature of the copyright owner
or a person authorized to act on
the copyright owner's behalf (the
"Claimant").
b. Identification of the copyrighted
work(s) claimed to have been infringed.
c. Identification of the material
claimed to infringe the copyright(s),
and enough information for Hostway
to locate it including URLs and
specific descriptions of the infringing
material at each URL.
d. The Claimant's name, address,
and telephone number(s).
e. A statement that the Claimant
has a good faith belief that use
of the disputed material is not
authorized by the copyright owner
or his agent.
f. A statement, under penalty
of perjury, that the information
in the notification of copyright
infringement is accurate and that
the Claimant is authorized to act
on behalf of the copyright owner.
g. Mail the notification to:
Hostway Corporation
Legal Department – DMCA Complaints
1 North State Street12th Floor
Chicago, IL 60602 USA
Adult Content
Pornography and sex-related merchandising
are prohibited on Hostway servers.
This includes sites that may infer
sexual content or provide links to
adult content elsewhere. This is also
true for sites that promote any illegal
activity or content that may be damaging
to our servers or any other server
on the Internet, or provide links
to such sites.
Child Pornography
The use of Hostway’s services
to store, post, display, transmit,
advertise or otherwise make available
child pornography is prohibited. Hostway
is required by law, and will, notify
law enforcement agencies when it becomes
aware of the presence of child pornography
on, or being transmitted through,
its services.
Privacy
Hostway is concerned with the privacy
of on-line communications and web
sites. In general, the Internet is
neither more nor less secure than
other means of communication, including
mail, facsimile, and voice telephone
service, all of which can be intercepted
and otherwise compromised. As a matter
of prudence, however, Hostway urges
its customers to assume that all of
their on-line communications are insecure.
Hostway cannot take any responsibility
for the security of information transmitted
over Hostway's facilities. Additional
details on privacy and Hostway’s
use of customer information can be
found in Hostway’s Privacy Statement
located at http://www.hostway.com/support/privacypolicy.htm.
Customer Responsibility
Customers are required to use the
Hostway network responsibly. This
includes respecting the other customers
of Hostway. Hostway reserves the right
to suspend and/or cancel service with
any customer who uses the Hostway
network in such a way that adversely
affects other Hostway customers. While
Hostway may monitor its service electronically
to determine that its facilities are
operating satisfactorily, as a general
practice, Hostway does not monitor
its customers' communications or activities
to determine whether they are in compliance
with the TOU. However, when Hostway
becomes aware of any violation of
the TOU or other user agreements,
Hostway may take any action to stop
or correct such violation, including,
but not limited to, denying access
to Hostway’s services and equipment
or to the Internet. In addition, Hostway
may take action against a customer
or a customer of such customer because
of the activities of such customer.
Hostway anticipates that customers
who offer Internet services will cooperate
with Hostway in any corrective or
preventive action that Hostway deems
necessary. Failure to cooperate with
such corrective or preventive measures
is a violation of Hostway policy and
Hostway reserves the right to take
any such action even though such action
may affect other customers of the
Hostway customer.
Actions Taken
by Hostway
The failure by a customer to meet
or follow any of the TOU is grounds
for account deactivation. Hostway
will be the sole arbiter as to what
constitutes a violation of the TOU.
Hostway reserves the right to remove
any account without prior notice and
to refuse service to anyone at any
time. When Hostway becomes aware of
an alleged violation of its TOU, Hostway
will initiate an investigation. During
the investigation, Hostway may restrict
a customer's access in order to prevent
further potentially unauthorized activity.
Depending on the severity of the violation,
Hostway may, at its sole discretion,
restrict, suspend, or terminate a
customer's web hosting account and/or
pursue other civil remedies. If such
violation is a criminal offense, Hostway
will notify the appropriate law enforcement
authorities of such violation. An
unlisted activity may also be a violation
of the TOU if it is illegal, irresponsible,
or constitutes disruptive use of the
Internet. Hostway does not issue credits
for outages incurred through service
disablement resulting from TOU violations.
Violators of the policy are responsible,
without limitations, for the cost
of labor to rectify any damage done
to the operation of the network and
business operations supported by the
network, and to respond to complaints
incurred by Hostway.
Indemnification
Hostway customers agree to protect,
defend, hold harmless, and indemnify
Hostway, any third party entity related
to Hostway (including, without limitation,
third party vendors), and Hostway’s
executives, directors, officers, attorneys,
managers, employees, consultants,
contractors, agents, parent companies,
subsidiaries, and co-subsidiaries
with the same parent company as Hostway,
from and against any and all liabilities,
losses, costs, judgments, damages,
claims, or causes of actions, including,
without limitation, any and all legal
fees and expenses, arising out of
or resulting in any from the customer’s
use of Hostway’s services.
Disclaimer
The Hostway service is provided on
an as is, as available basis without
warranties of any kind, either express
or implied, including, but not limited
to, warranties of merchantability,
fitness for a particular purpose or
non-infringement. Hostway expressly
disclaims any representation or warranty
that the Hostway service will be error-free,
secure or uninterrupted. No oral advice
or written information given by Hostway,
its employees, licensors or the like,
will create a warranty; nor may you
rely on any such information or advice.
Hostway and its partners and suppliers
will not be liable for any cost or
damage arising either directly or
indirectly from any transaction or
use of the service.
Termination
for Bankruptcy or Insolvency
If a customer becomes insolvent or
any bankruptcy petition is filed by
the customer, or any third party against
the customer, Hostway may immediately
terminate provision of Hostway’s
services to the customer without prior
notice or penalty. Such customer consents
to the grant of relief from any automatic
stay of proceedings against Hostway
in such event.
LIMITATION
OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT, AND UNDER
NO THEORY OF LAW OR EQUITY, WILL HOSTWAY
(INCLUDING, WITHOUT LIMITATION, HOSTWAY’S
EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS,
MANAGERS, EMPLOYEES, CONSULTANTS,
CONTRACTORS, AGENTS, PARENT COMPANIES,
SUBSIDIARIES, CO-SUBSIDIARIES WITH
THE SAME PARENT COMPANY AS HOSTWAY,
AFFILIATES, THIRD-PARTY PROVIDERS,
MERCHANTS, LICENSORS, OR THE LIKE)
OR ANYONE ELSE INVOLVED IN CREATING,
PRODUCING, OR DISTRIBUTING HOSTWAY’S
SERVICES, BE LIABLE FOR THE LOSS OF
A DOMAIN NAME, OR ANY BUSINESS OR
PERSONAL LOSS, REVENUES DECREASE,
EXPENSE SINCREASE, COSTS OF SUBSTITUTE
PRODUCTS AND/OR HOSTWAY SERVICES,
OR ANY OTHER LOSS OR DAMAGE WHATSOEVER,
OR FOR ANY CONSEQUENTIAL, SPECIAL,
INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES
OF ANY KIND ARISING OUT OF ANY USE
OF, OR ANY INABILITY TO USE, ANY HOSTWAY
SERVICES EVEN IF HOSTWAY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. HOSTWAY’S TOTAL CUMULATIVE
LIABILITY, IF ANY, TO CUSTOMER, OR
ANY THIRD PARTY, FOR ANY AND ALL DAMAGES,
RELATED TO THE TOU OR HOSTWAY’S
SERVICES, INCLUDING, WITHOUT LIMITATION,
THOSE FROM ANY NEGLIGENCE, ANY ACT
OR OMISSION BY HOSTWAY OR HOSTWAY’S
REPRESENTATIVES, OR UNDER ANY OTHER
THEORY OF LAW OR EQUITY, WILL BE LIMITED
TO, AND WILL NOT EXCEED, THE ACTUAL
DOLLAR AMOUNT PAID BY THE CUSTOMER
FOR THE SERVICES WHICH GAVE RISE TO
SUCH DAMAGES, LOSSES AND CAUSES OF
ACTIONS DURING THE 3-MONTH PERIOD
PRIOR TO THE DATE THE DAMAGE OR LOSS
OCCURRED OR THE CAUSE OF ACTION AROSE.
Modifications
Hostway may discontinue, upgrade,
replace, modify, or change in any
way, without limitation, any software,
application, program, data, hardware,
equipment, or portions or components
thereof, used to provide customers
with Hostway’s services. Certain
changes to Hostway’s services
may affect the operation of customers’
personalized applications and content.
Each customer is solely responsible,
and Hostway is not liable, for any
and all such personalized applications
and content, except as expressly agreed
to by Hostway.
Backup of
Data
Except where Hostway has expressly
agreed in writing to the contrary,
customers are solely and entirely
responsible, and Hostway is in NO
way responsible, for the management
and backup of all customer data, and
all updates, upgrades, and patches
to any software that customers use
in connection with Hostway services.
Third Party
Licenses
Hostway makes a reasonable effort
to provide customers with technologies,
developments, and innovations (collectively
“Technologies”), part
of which may be licensed, or co-branded,
from or by, third party entities.
However, Hostway makes NO warranty
of any kind, either express or implied,
regarding the quality, accuracy, reliability,
validity, or continued existence of
any or all aspects of such Technologies.
Moreover, Hostway specifically disclaims
all warranties of merchantability
and and fitness for a particular purpose
for such Technologies. Furthermore,
no customer will hold Hostway liable
in any way for the revocation of any
license, which has been licensed to
Hostway. The use of the Technologies
obtained from or through Hostway,
or any other referred third party,
whether directly or indirectly, is
at the sole risk of customers.
Non-Hostway
Products
Any mention of non-Hostway products
by Hostway, its employees, or any
third party entity related to Hostway
is for information purposes only and
does not constitute an endorsement
or recommendation by Hostway. Hostway
disclaims any and all liabilities
for any representation or warranty
made by the vendors of such non-Hostway
products or services.
Hostway’s
Intellectual Property
Customers will not, without Hostway’s
express written consent, copy, reproduce,
republish, or otherwise use any material,
in whole or in part, that is located
on Hostway’s web site, and customers
will not use any of Hostway’s
trademarks, service marks, copyrighted
materials, or other intellectual property
without Hostway’s express written
consent. Customers will not, in any
way, misrepresent their relationship
with Hostway, attempt to pass themselves
off as Hostway, or claim that customers
are Hostway.
Assignment
Customers may not assign or delegate
their rights or obligations under
the TOU or other agreement for Hostway’s
services, either in whole or in part,
without the prior written consent
of Hostway.
Minimum Age
Requirement
Hostway customers must be at least
18 years of age. Any individual under
the age of 18 years (“Minor”)
must have a parent or guardian accept
the TOU in order for the Minor to
become a Hostway customer. A parent
or guardian who accepts the TOU on
behalf of a Minor will be primarily
liable for ensuring complete and proper
compliance with the TOU, including
the timely and full payment of the
charges for Hostway services, and
such primary liability will continue
even when the Minor has attained the
age of 18, unless the parent or guardian
obtains Hostway’s express written
consent to the contrary. Any acceptance
of the TOU or any other agreement
for Hostway’s services will
be deemed null and void to the extent
that Hostway will not be liable in
any way as a result of the Minor’s
age or legal incapacity or the Minor’s
use of Hostway’s services.
Governing
Law and Severability
The TOU, and any other agreement for
Hostway services, will be governed
by and construed in accordance with
the laws of the State of Illinois,
USA without reference to its conflicts
of laws principles. Any litigation
or arbitration between a customer
and Hostway will take place in Illinois,
and the customer will consent to personal
jurisdiction and venue in that jurisdiction.
If any provision or portion of the
TOU or other Hostway agreement is
found by a court of competent jurisdiction
to be unenforceable for any reason,
the remainder of the TOU or the agreement
will continue in full force and effect.
Force Majeure
Hostway will not be liable for delays
in its performance of the TOU or Hostway
services caused by circumstances beyond
Hostway’s reasonable control,
including acts of God, wars, insurrection,
civil commotions, riots, national
disasters, earthquakes, strikes, fires,
floods, water damage, explosions,
shortages of labor or materials, labor
disputes, transportation problems,
accidents, embargoes, or governmental
restrictions (collectively “Force
Majeure”). Hostway will make
reasonable efforts to reduce to a
minimum and mitigate the effect of
any Force Majeure. Notwithstanding
anything contained elsewhere herein,
lack of finances will not be considered
an event of Force Majeure nor will
any event of Force Majeure suspend
any obligation of customers for the
payment of money due.Waiver and AmendmentAny
waiver, modification, or amendment
of any provision of the TOU or other
agreement for Hostway services, initiated
by a customer, will be effective only
if accepted in writing and signed
by an authorized representative of
Hostway.
Independent
Contractors
Nothing in this Agreement will be
construed as creating a partnership
or relationship of employer and employee,
principal and agent, partnership or
joint venture between Hostway and
its customers. Each of Hostway and
its customers will be deemed an independent
contractor at all times and will have
no right or authority to assume or
create any obligation on behalf of
the other, except as may be expressly
provided herein.
Construction
and Interpretation
Wherever in this TOU the masculine,
feminine, or neuter gender is used,
it will be construed as including
all genders, and wherever the singular
is used, it will be deemed to include
the plural and vice versa, where the
context so requires. The division
of the TOU into sections/paragraphs,
and the insertion of headings/captions,
are for convenience of reference only
and will not affect the construction
or interpretation of the TOU. Any
rule of construction to the effect
that any ambiguity is to be resolved
against the drafting party will not
be applicable in the construction
or interpretation of the TOU.
Complete Agreement
and Exclusivity
The TOU, and/or any other specific
agreement for Hostway services, constitutes
the complete understanding and agreement
between Hostway and its customers.
Except when expressly agreed to the
contrary in signed writing by an authorized
representative of Hostway, the TOU
supersedes any other written (including
digitized/computerized) agreement,
oral agreement, and/or agreement by
conduct. This TOU, and/or any other
specific agreement for Hostway services
is between Hostway and its customers
only and will not confer any rights
in any third party except as otherwise
expressly provided by Hostway.
D. All Hostway Customer Billing
Policy
The following Terms of Use constitute
Hostway’s Billing Policy and
apply to ALL Hostway customers:
Payments
All charges are shown in US Dollars.
Payments are to be made in US dollars.
Hostway accepts the following types
of payment:
- Check/money order
- Credit card (VISA, MasterCard, American
Express, Discover)
- Bank wire transfer
- PayPal
All payments are due on the Account
Statement Date. The Account Statement
Date is the monthly anniversary of
the date the account was activated.
If you provide Hostway your credit
card information, you authorize Hostway
to automatically charge your credit
or debit card for charges that apply
to your account. Recurring charges
will be posted to your credit card
until such time that you cancel your
account in accordance with Hostway’s
Billing Policy in the TOU. Charges
subsequent to your initial order will
accumulate in your account until such
charges exceed $9.95. Hostway will
then automatically charge your credit
card on the next Account Statement
Date. You are responsible for directly
updating, or notifying Hostway, of
any changes to your credit card (including,
but not limited to card number, expiration
date, billing address, or card status).
Customers not paying by credit card
agree to make payment of their balance
due within ten (10) days of the Account
Statement Date.
Accounts that are thirty (30) days
past due will be automatically suspended.
All past due and unpaid balances are
subject to collection. In the event
of collection, you will be liable
for costs of collection including
attorney’s fees, court costs,
and collection agency fees.
Billing Cycles
(Terms)
Hostway offers three Billing Cycles
(terms) for hosting charges: Monthly,
Quarterly (3 months) and Yearly (12
months). The Billing Cycle begins
on the Plan Activation Date. Resellers
are limited to the monthly Billing
Cycle for all of their charges. Non-credit
card payment methods are limited to
Annual or Quarterly Billing Cycles.
You may elect to change your Billing
Cycle at any time; however, the new
Billing Cycle will only take effect
at the time of the next plan renewal.
All additional features added to an
account are charged monthly. Additional
items are non-refundable.
Account Renewals
In order to insure uninterrupted service
to your website, all plans will automatically
renew at the end of the plan’s
Billing Cycle. Plan renewal charges
are based on the prevailing rate on
the date of renewal according to the
service selected. Plans are renewed
for the same billing cycle. If you
wish to cancel your plan before plan
renewal, please refer to the Cancellation
section below.
Statements
Hostway does not mail paper invoices
or statements. Statements can be viewed
and printed through SiteControl. Customers
may elect to receive their monthly
account billing statement via email.
This option may be selected in SiteControl.
Fees
- Returned (NSF) Checks
Hostway charges a $25.00 fee for
returned (NSF) checks. Customers
that issue an NSF check will be
required to submit future payments
with a certified check or money
order.
- Credit Card Chargebacks
A $25.00 chargeback fee will be
assessed for each credit card chargeback
received by Hostway.
- Bank Wire Payments
Hostway does NOT charge fees for
accepting payment via bank wire,
however, international wire transfers
may be assessed a $20.00USD processing
fee by an intermediary bank in New
York. In addition, your issuing
bank may also charge a fee for sending
the wire. Please add these fees
to the amount that you are sending
to Hostway or the amount credited
to your account will be less than
your intended payment.
- Reactivation
Customers that wish to reactivate
a closed account will be assessed
a $19.95 reactivation fee. A $99.95
fee will be assessed if Hostway
restores your data files to your
reactivated account.
- Hosting Plan Changes
Customers electing to change to
a lower priced hosting plan on the
same platform will be charged a
$19.95 downgrade fee. There is no
upgrade fee for upgrading to a higher
priced plan, however, you will be
charged any difference between the
setup fee applicable to your new
and former plans.
- Platform Change
Customers that elect to change plans
to a different operating system
platform will be charged a $19.95
platform change fee.
- Account Splits and Mergers
Hostway encourages customers to
merge hosting plans contained in
two or more accounts into one account.
There is no fee for this service.
Customers may also request that
Hostway separate one or more plans
contained under one account into
separate accounts. The fee for this
service is $19.95 for each new account
created and is charged to the new
account. Please direct all requests
for these services to: billing@hostway.com
Cancellations
Hosting plans will automatically renew
until a plan is cancelled. In order
to cancel service, you must contact
Hostway's Customer Service Team, Monday
through Friday, 9:00 A.M. to 5:00
P.M. Central Time, at (1-866-467-8929,
option 4). Hostway's customer service
representatives will assist you with
the cancellation process. Please be
aware that there are no pro-rated
refunds after the first 30 days of
service. Non-US customers may contact
Hostway's Billing Team via email at
billing@hostway.com.
Cancellation requests must be received
by Hostway a minimum of thirty (30)
days prior to the end of your Billing
Cycle for dedicated server plans and
a minimum of ten (10) days prior to
the end of your Billing Cycle for
all other plans. Cancellations submitted
later than this time may result in
automatic renewal of your hosting
plan. Cancellations become effective
on the day processed by Hostway. Hostway
is unable to cancel your account effective
for a future date. Hostway will confirm
the cancellation request when it is
processed. If you do not receive a
confirmation, please contact Hostway
as soon as possible.
Hostway does not monitor, and will
not automatically cancel, plans for
problems related to domain name transfers,
non-usage, Internic, your ISP, or
any other secondary issues not directly
related to Hostway's services. Cancellation
of services does not relieve the customer
from paying any outstanding balance
owed on the account. Hostway Corporation
reserves the right to cancel any account,
at any time, without notice, for any
reason Hostway Corporation considers
appropriate.
30 Day Money
Back Guarantee
Each of Hostway’s shared hosting
plans carries a 30-day unconditional
money back guarantee. If you are not
completely satisfied with our services
or support within the first 30 days,
you will be given a full refund of
the fees paid in advance (excluding
setup fees) upon plan cancellation.
The following services do not qualify
for the 30 Day Money Back Guarantee:
additional items and services; domain
name registration; dedicated servers;
items and services ordered through
the reseller program; domain parking
plus; and overage fees.
Refund Policy
Refunds are only available in accordance
with the 30 Day Money Back Guarantee.
Refunds will be provided in the same
payment method of the original payment.
There are no refunds offered or promised
after 30 days.
Credit Card
Disputes/Chargebacks
Hostway has a zero tolerance policy
for chargebacks. Any customer who
disputes a credit card payment is
subject to a fine, suspension and
account termination at Hostway's discretion.
A charge of $25.00 per chargeback
will be assessed to all accounts that
receive a chargeback.
Billing/Price
Changes
Hostway's policies and prices are
subject to change without notice.
Any price changes become effective
in the next billing cycle.
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