Host Ted Hosting

HostTed Terms & Conditions of Service

HostTed's Terms of Service is strictly enforced. By purchasing one of HostTed's products, you agree to follow and abide to these rules set forth below. Failure to comply is cause for immediate suspension/termination of your account and all accounts that may be under your name. Further action may be taken by the discretion of HostTed. You also must abide by our Acceptable Use Policy.

Accepting HostTed's Terms of Service means you have read the following:

1. Payment of Fees

1.a HostTed may charge the following fees where applicable. All such fees are subject to change with or without notice.

1.b HostTed may charge a setup fee where applicable on any product. These fees are subject to change and without notice.

1.c HostTed may charge a Service Fee when applicable. These fees may be charged for fixing/assessing a technical problem with your account, technical support time outside of our normal support hours/normal support terms.

1.d HostTed will notify you by e-mail/phone if any outstanding fees are due. You will be given a grace period of 4 days to pay any fee(s) before your account is suspended.

1.e HostTed accepts payments made by Paypal, Credit Card(Visa/Mastercard)through Paypal, and/or by money order.

1.e.a To pay with money order, you must first get approval by a HostTed Officer. HostTed may refuse any money order payment if customer has not been approved. Money Orders must first be cleared by HostTed for account creation/modification. HostTed will only accept payments via money orders for orders requesting account creation and recurring monthly bills. A customer wishing to pay a recurring monthly bill will have a grace period of 7 days after payment due date for the money order to arrive in our office. Money orders will not be accepted for any other applicable fees unless approved by a HostTed officer.

2. Non-Refundable

2.a All payments paid to HostTed are non-refundable! On certain occasions, HostTed may refund a payment made on accident/wrong payment. Only with approval by a HostTed officer may you receive a refund or partial refund. You may be subject to a service fee while HostTed processes your claim.

2.b Any refund approved by HostTed will be pro-rated based upon the number of days for which service remains unused as of that renewal date.

3. Reseller Services

3.a HostTed agrees to provide you with reseller services according to the plan purchased by you upon ordering/activation. HostTed reserves the right to amend any such services without prior notice to you and reserves the right to amend any fees applicable to your chosen service. You agree to receive periodic e-mails from HostTed regarding issues of billing, service, and server updates.

3.b HostTed agrees to offer support to the reseller only/VPS client only. No end user support will be offered unless with the discretion of any HostTed technical staff member. Applicable fees of £60/hr with a minimum of 1/2 hour billed may be charged for such a service. You are responsible for paying any outstanding fees due at the time of service. Failure of payment may be cause for immediate suspension/ termination of your account and all accounts under your reseller package.

3.c By purchasing a reseller package, you agree to follow both the Acceptable Use Policy as well as the guidelines outlined in this document. Also, you agree that your clients will also abide by the rules in the Acceptable Use Policy as well as the guidelines outlined in this document. Failure to comply may be cause for immediate suspendsion/ termination of your account and all accounts under your reseller package.

3.d HostTed will not be held responsbile for any lost data due to your negligence or that of your clients. All data lost is your responsbility.

3.e HostTed reserves the right to offer promotional e-mails, coupon codes, and/or discounts to any and all reseller clients. These promotional offers may be sent either phone or e-mail.

4. Term

4.a The term of this agreement is one (1) month. HostTed reserves the right to accept pre-payment for any given service and from time to time offer incentives for such payments. Even with pre-payments, this agreement;however, shall remain for one (1) month.

5. Suspensions/Termination

5.a HostTed reserves the right to suspend any account associated with HostTed at any given time without warning. Just information will be sent to the account owner explaining why HostTed may have suspended the account. Upon receiving notice, the account holder will have a grace period of 3 days to fix any breach to either the Acceptable Use Policy or Terms of Service agreements. If the breach is not corrected within 5 days, the suspended account will be terminated with or without notice. All files associated with the account will be terminated without backup. Service charges will still continue on the account as if the account was never suspended, it is your responsibility to cancel your account after suspension/termination. Recurring charges will be charged, and failure to comply with requested payments may result in legal action against you and/or your party.

5.b Termination shall include the permanent removal of any and all of your information from the HostTed servers. Such data may not be made available to you after such termination. You may not take legal action against HostTed for losing/deleting any personal and confidential information upon and after termination.

5.c After suspension/termination, HostTed will not provide any refund of any kind for day(s) your account has been suspended/terminated. Only upon approval by a HostTed Officer will a refund be issued.

6. Information Usage

6.a HostTed reserves the right to disclose any information HostTed may collect from you and/or maintain with respect to you, including, but not limited to, account information, billing address, blling name, date of birth, site statistics, user statistics, domain information, correspondence to or from HostTed concerning your account, or other information in which HostTed maintains, to the public or private third parties as applicable law may require or permit.

7. VPS Unmanaged Hosting

7.a HostTed offers Unmanaged VPS Hosting that does not include any type of managed services with the exception of hardware or network issues. Any issues regarding failure of hardware or problems with network may be reason for unmanaged clients to request support from our helpdesk. All other requests by unmanaged clients may be charged an administration fee for service.

7.b Fees HostTed reserves the right to charge an unmanaged client for managed services requested for all other problems not related to hardware or network issues. Pricing for specific tasks are defined below:

All Pricing is for per issue basis

Any Support ticket opened for non-related hardware/network issues: £5/per ticket and/or request

Basic Setup/Install: £20
Basic Setup + Basic Security Hardening: £30
Recompile PHP/Apache: £30
Recompile PHP/Apache + Add Mod Security Custom Rule Set: £40
Non-approved or non-standard software install: £60/hr with a minimum of 1/2 hour billed
cPanel Exim Mail Secure (Protects from SPAM): £30
Re-Install OS/cPanel: £20
Re-Install OS/cPanel + Basic Setup: £40
Re-Install OS/cPanel + Basic Setup + Security Hardening: £50

7.c Compliance/Termination

Any unmanaged/managed client that does not pay administration fees at time of service for any of the services provided by HostTed to the client or to the end-user client may be immediately suspended/terminated without refund of payment. The client fully understands that fees must be paid for service under the unmanaged/managed provisions and guidelines when signing up for a reseller/vps hosting package. All fees designated to a client must be paid immediately, otherwise suspension or termination of the account may occur.

7.d Fully Managed VPS Hosting

HostTed charges a flat rate of £20/mo (applicable to increase/decrease in pricing) for fully managed VPS hosting. Fully managed VPS hosting entitles the client to submit support requests without fee penalty and also entitles the client for priroty service/support over unmanaged clients. Failure to pay for a managed vps fee immediately downgrades the client's service plan to unmanaged service and all submitted tickets from the moment a managed vps invoice is not paid for will be charged to the client's account. By signing up for a managed vps, the client fully understands to pay on time for managed services or penalties in the form of a fine may occur.

8. Setup Time

8.a Setup times may vary depending on product/service. HostTed strives to uphold all service setup times to be less than 24 hours upon payment receipt; however, all orders are subject to a setup time of 24-72 hours.

9. Chargebacks and Refunds

9.a Simply doing a chargeback for a product or service as a means for non-payment, refusal to pay, and/or accidental payments is not negotiable. A completion of a chargeback without the prior consent of HostTed Solutions may be cause for suspension/termination of your account. Also, a completion of a chargeback without notifying HostTed may be cause for legal action against you and/or your party.

9.b Legitimate refunds are reimbursements that are authorized and approved by HostTed Solutions. Requests for a refund within 30 days of purchase is considered a legitimate request. HostTed Solutions will approve requests for a refund within 30 days of purchase date. Approved refunds may be reimbursed the full amount, excluding any applicable fees that may apply.

9.c Refunds demanded from a Paypal dispute is strictly prohibited. If you dispute by Paypal against HostTed without the prior consent of HostTed Staff, legal action may be taken against you and your party. If a dispute is issued to us by Paypal because of your doing, a £10 service and action fee will be issued to your account. HostTed will not reimburse funds through a dispute without proper cause. Disputes of refunds after the 30 Day Money Back Guarantee is no longer considered legitimate.

10. Notices

10.a Any notice under this agreement shall be given by HostTed to you by e-mail. HostTed will send the notice to the e-mail registered at the commencement of this agreement or to the e-mail HostTed is advised. Our sending of the notice is considered to be sufficient regardless of your receipt. E-mail addresses that are not up to date are deemed the customer's responsibility and will be held responsible for all charges/notices to that e-mail. It is strongly advised that you keep all your contact information up to date under this agreement.

10.b. Any notice made by you will be via our support e-mail addresses or through our ticket support system. Failure to notify HostTed of any contact information, billing information, or cancellation is deemed the customer's responsibility and will be held accountable for any notices/charges to the account.

11. Warranty and Limitations/Uptime Guarantee

11.a HostTed strives to maintain operation of HostTed services; however, some aspects of opreation are beyond the control of HostTed. HostTed does not in any way warrant or otherwise guarantee the availability of our system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of HostTed.

11.b. HostTed is proud to offer a 99.3% uptime guarantee. This guarantee does not cover downtime due to mistakes on the clients behalf, due to account suspension or due to hardware failure. Clients may be eligible for a full refund of that month's service or a free month of service on behalf of actual downtime. Actual downtime is when any service that you pay for is down for more than 15 consecutive minutes. From the minute the actual downtime occurs to the minute the service becomes active again will be the statistics used when computing refunds/credits.

11.c You agree to waive your claim for any damages, loss of profit or business as a result of any action associated with HostTed's services, including, but not limited to, server downtime and lack of available service.

12. Change without notice

12.a This agreement may be amended at any given time without notice. All changes will go into effect immediately. It is your responsibility to check for updates to this agreement. HostTed will make the determination of anything that is deemed inappropriate under this agreement.

13. Uptime Guarantee SLA

13.a To be eligible for this SLA, your account must be in good standing. All requests for credit or refunds should must fulfill these requirements: - Request must be submitted using the ticket system
- Request must be submitted within 4 days of the issue in question
- Your request must include a ticket number to reference that shows the issue being reported and acknowledged.

Network Guarantee

We guarantee that the network will be available 99.3% of the time in a given month (this does not include functionality of software/services on a server), excluding scheduled maintenance. If network downtime occurs for a consecutive 15 minutes or more, the customer will be given credit for an entire month of hosting on their next due invoice.

Network uptime includes functioning of all network infrastructure including routers, switches and cabling, but does not include services, deamons, software running on your server, or hardware failure on a server. Network uptime means the network itself will be up and available.

We are not responsible for outages or circumstances beyond our control that hinder access to your site or server. The following are excluded from the free invoice credit of Service Availability: - Scheduled downtime or maintenance (kernel, software updates, hardware upgrades or replacement)

- Traffic conditions on the internet outside our network
- ISP or local problems such as Browser or DNS caching
- DDoS, Attacks, Exploits or hacked servers
- An outage from an upstream facility outside of our network
- Interruptions or failure of individual service caused by client, their employees, client's customers, friends, or family to their service.
- Inaccurate installation or configuration of software by the client or non-staff, 3rd party software, client abuse or over utilization of resources.

Occasionally servers and systems must be brought down for routine maintenance and upgrades to ensure that your site will perform optimally. However, we strive to keep such service interruptions to a minimum, and, when possible, give you advance notice of scheduled any maintenance. Scheduled service outages do not qualify for this guarantee! Downtime must be ackonwledged by a staff member, thus proof of downtime would be needed when requesting a free month.

Downtime is measured from the time the customer records such failure in the support ticket system and until a resolution is provided in that ticket.

14. Affiliate Program

14.a. By joining HostTed's affiliate program, you understand and accept fully:

-You will receive credit for the referral after 91 days of referral signup. This is to ensure that we do not pre-maturely pay for fraudulent orders.
-You will only be paid out if your account is still active after the 91 day wait period, regardless if the referral account/product is active. If your account has been terminated, you will not receive payment. If the referral service has been terminated before the 91st day, you will not receive credit.
-Cookies are to last for a 360 day period. If your referral does not sign up within 360 days of using your referral link, you will not receive credit. If the referral has given us permission to mark you as his/her referral, then you will receive credit.
-We are not responsible for a client manually removing his/her own cookies in their system, cache, and web browser. If the cookie has been removed, your referral ID will not be marked for credit. However, if the referred client states that you are his/her referre, then we will mark your account for credit.
-All payout prices are subject to change at anytime with or without notice. Payout price changes are effective immediately.
-You will receive a lump sum awarded to the product referred and will receive 10% recurring income of the purchase price of that product.

By agreeing to these terms, you fully understand that HostTed redeems the right to take action or determine if anything is inappropriate under this agreement. HostTed may suspend/terminate your account if an officer determines you have violated any of the rules above. This Terms of Service may be amended at anytime without warning. Policy Updates will go into effect immediately. It is your responsibility to check for updates to this policy.

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