The terms governing your use of HostingSpaceCreation's products and services ("Services") are set forth in this Agreement between you, the Subscriber, and HostingSpaceCreation Inc. ("us" or "we"). You consent to follow this Agreement by using the Services. Please give it a thorough read.
This Agreement may be changed at any time by us. On our website, significant changes will be noted for a minimum of 30 days, with the revision date indicated at the bottom. Once changes are made, you agree to the new terms by continuing to use the services. You have to close your account if you don't agree.
Users eighteen (18) years of age or older are intended for the Services. Any use by anyone younger than eighteen (18) is not permitted. You attest that you are at least eighteen (18) years old by using the Services. You represent that you have the right to bind another person or organization to this Agreement if you use the Services on their behalf.
In order to use your account, you must: (i) provide accurate information when registering; (ii) maintain the confidentiality of the information you provide; (iii) update your information on time; and (iv) accept responsibility for all activities carried out through your account. HostingSpaceCreation recognizes the possibility of system compromise even as it puts security measures in place. Corrective action may be taken in such circumstances without requiring payment from you. You are the only one in charge of backing up all subscriber websites and content.
All content provided by the Services, including designs, text, graphics, images, videos, information, software, audio, and other files (collectively, "HostingSpaceCreation Content"), is the property of HostingSpaceCreation or its licensors, with the exception of Subscriber Content (as defined below). Modification, duplication, distribution, replication, reprinting, downloading, transmission, display, sale, or other exploitation of HostingSpaceCreation Content is not allowed. It is also forbidden to reverse engineer, decompile, or try to extract source code from HostingSpaceCreation Content. Your right to use the Services will end if you use HostingSpaceCreation Content without authorization. HostingSpaceCreation and its licensors retain all rights not specifically granted in this Agreement.
You have the ability to upload, store, publish, display, and distribute information, text, photos, and other content ("Subscriber Content"), including content posted by you and users of your websites hosted through the Services ("Subscriber Websites"). You are solely responsible for all Subscriber Content and any transactions or activities conducted on or through Subscriber Websites. By posting or distributing Subscriber Content, you confirm that you have the necessary rights to do so and that it does not infringe on any third-party rights.
HostingSpaceCreation may, at its discretion, monitor Subscriber Content and take corrective action, such as removing content or suspending Services, without refunding fees. You agree that HostingSpaceCreation is not liable for such actions.
For the purpose of delivering the Services, including creating backup or archival copies, you thus grant HostingSpaceCreation a non-exclusive, royalty-free license to use, copy, display, alter, publish, and distribute Subscriber Websites and Subscriber Content. You retain all ownership rights to Subscriber Content; HostingSpaceCreation does not acquire any of them.
HostingSpaceCreation adheres to the Payment Card Industry Security Standard ("PCI Standard") when collecting and processing your data and billing information. However, you are responsible for securing the data and billing information collected on your Subscriber Website. HostingSpaceCreation does not monitor Subscriber Websites for compliance with the PCI Standard and cannot verify if your Subscriber Website complies.
You are solely responsible for all activities conducted on or through your Subscriber Website, including transactions and interactions with end users. You must provide end users with necessary disclosures, explanations of features, goods or services offered, and any applicable terms of use and privacy policy.
You will be solely responsible for backing-up all Subscriber Content, including any Subscriber Websites off of HostingSpaceCreation's servers. This is an affirmative duty. HostingSpaceCreation is not responsible for the loss of any Subscriber Content. Note: It is essential that Subscribers backup files offline, even if user purchases or has products, such as Site Backup and Restore.
You will use your best efforts to ensure that the Subscriber Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
You will not use the Services in any manner, as determined by HostingSpaceCreation in its sole discretion, that:
The Services may contain links to other websites that are not owned or controlled by HostingSpaceCreation ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.
Fees and Pricing: You'll pay all fees for the Services as outlined in the registration form when you order. These fees are non-refundable once paid unless stated otherwise. HostingSpaceCreation may adjust prices as described in the Service Description or with at least 30 days' notice after the Initial Term.
Taxes. Any applicable taxes, like sales or use taxes, aren't included in the advertised fees. HostingSpaceCreation may add these taxes as separate charges to your invoices.
Disputes. You have 90 days to dispute charges processed by HostingSpaceCreation. If you have questions about a charge, contact us. Chargebacks may incur a minimum fee to reactivate your account, and we reserve the right to suspend your account during disputes.
Fraud. Misusing or fraudulently using payment methods is against this Agreement. We may report such activity to authorities and financial institutions.
Initial Term. The Services you purchase initially will be for the period specified in the registration form (the "Initial Term").
Renewal. Unless you cancel or disable automatic renewal, the Services will automatically renew for successive periods matching the Initial Term (each a "Renewal Term"). The Initial Term and any Renewal Terms make up the "Term." For Terms of three months or longer, we'll notify you of upcoming charges at least 30 days before each Renewal Term. The payment date for Terms of three months or longer is 15 days before the current Term ends. For one-month Terms, payment is due 24 hours before the Services expire, without prior notice.
To avoid renewal, you must opt out at least 16 days before the current Term ends. Otherwise, your payment method will be charged accordingly.
Failure to Pay. If you don't pay your fees, we may suspend or terminate your Services and pursue collection costs, including legal fees. Returned checks may incur a processing charge. Accounts won't be reactivated until all outstanding amounts are paid. We're not responsible for any lost Subscriber Content due to suspension or termination.
Termination Procedure. You can cancel your Services at any time by emailing us. Cancellation requests require account and/or domain verification. After cancellation, all Subscriber Content will be permanently removed from the server. Make sure to back up your content before canceling.
Termination by HostingSpaceCreation. We may terminate your Services without notice if you fail to pay fees, violate the Agreement, harm us or others, are abusive toward our staff, or for any other lawful reason. No refunds will be issued for prepaid fees, and you must pay all accrued charges.
Modification of Services. We reserve the right to modify, change, or discontinue any aspect of the Services at any time.
Data Deletion.Upon termination, Subscriber Content and data will be deleted. You're responsible for maintaining backups. We're not liable for data loss.
30 Day Money-Back Guarantee. You may receive a full refund if you cancel within the first 30 days. Contact us to request a refund. This guarantee only applies to hosting services and is valid for credit card payments only.
The Money-back Guarantee Refund is valid for credit card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the Money-back Guarantee Refund for other payment methods.
Nonrefundable Fees. Fees for add-on services like SSL certificates or domain names are non-refundable.
Cancellations After 30 Days. We don't offer refunds for cancellations after 30 days from purchase.
HostingSpaceCreation acts as a reseller or licensor of certain third-party products and services ("Third Party Services"). Your use of these services is subject to the terms and conditions of the respective third parties. HostingSpaceCreation isn't responsible for changes in the Services that affect Third Party Services' performance. Any issues with Third Party Services aren't considered breaches of HostingSpaceCreation's obligations. Your rights and remedies regarding Third Party Services are limited to those provided by the manufacturer. You can use Third Party Services supplied by HostingSpaceCreation only in connection with the Services, unless stated otherwise.
If HostingSpaceCreation assigns you an Internet Protocol ("IP") address for your use, you shall have no right to use that IP address except as permitted by HostingSpaceCreation in its sole discretion in connection with the Services during the Term. HostingSpaceCreation shall retain ownership of all IP addresses assigned to you by HostingSpaceCreation, and HostingSpaceCreation reserves the right to change or remove any and all such IP addresses in its sole discretion.
By registering for the Services, you agree that HostingSpaceCreation may direct your domain name or DNS to one of their or their affiliates' web pages as a default landing page, and they may place advertising on your web page (the "Parked Pages"). You won't receive compensation for this, and if you don't want Parked Pages, you can opt out by updating your DNS or changing the default.html file on your account.
Technical Support Services
HostingSpaceCreation provides technical support via email for the Services ("Technical Support Services"), unless stated otherwise. You'll need to provide detailed information to help with troubleshooting. By using these services, you allow HostingSpaceCreation to access your account if needed. HostingSpaceCreation and its agents aren't liable for any damage resulting from customer support provision.
You acknowledge and agree that your use of the Services, including any information or content obtained through the Services, is at your own risk. You further acknowledge and agree that HostingSpaceCreation exercises no control over, and accepts no responsibility for, the content of the information passing through HostingSpaceCreation's host computers, network hubs and points of presence or the Internet.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOSTINGSPACECREATION AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE "HOSTINGSPACECREATION PARTIES") DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE HOSTINGSPACECREATION PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE HOSTINGSPACECREATION PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM SUBSCRIBERS OR STORED BY SUBSCRIBERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY HOSTINGSPACECREATION OR HOSTINGSPACECREATION'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. HOSTINGSPACECREATION DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. HOSTINGSPACECREATION DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD-PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS, OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR HOSTINGSPACECREATION IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. THE HOSTINGSPACECREATION PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PERSON FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA ARISING FROM YOUR USE OF THE SERVICES OR ANY MATERIALS ACCESSED THROUGH THEM, EVEN IF HOSTINGSPACECREATION IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
HOSTINGSPACECREATION'S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU IS LIMITED TO THE AMOUNT YOU PAID TO HOSTINGSPACECREATION FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. NO ACTION ARISING FROM THIS AGREEMENT OR THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. HOSTINGSPACECREATION'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless the HostingSpaceCreation Parties from any claims, damages, losses, liabilities, suits, actions, demands, proceedings, and expenses arising from (i) your use of the Services, (ii) any breach of this Agreement by you, or (iii) your acts or omissions. This indemnification does not apply to claims resulting from HostingSpaceCreation's gross negligence or willful misconduct. This provision remains valid even after the Agreement ends.
Backups
Regarding backups, HostingSpaceCreation may occasionally back up data on its servers for operational purposes, but it is not obligated to do so. It is solely your responsibility to back up your files and data on HostingSpaceCreation servers. HostingSpaceCreation will not be liable for any damages resulting from loss of your files or data on its servers. HostingSpaceCreation will not attempt to back up accounts exceeding 50,000 files or 30 Gigs of space.
If you install or use WordPress plugins operated by Automattic on your hosting account, you also acknowledge and agree to (1) the WordPress.com Terms of Service located at (https://en.wordpress.com/tos/) which apply to your use of all Automattic products and services; and (2) the Automattic Privacy Policy located at (http://automattic.com/privacy/ ), including without limitation, Automatic collection of data as described therein.