This Agreement is an agreement between HostingSpaceCreation Inc. ("us," "we," or "HostingSpaceCreation") and you ("Subscriber" or "you" and "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by HostingSpaceCreation and through the HostingSpaceCreation website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. Please read this Agreement carefully.
We may in our sole discretion change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on the HostingSpaceCreation website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services and your sole remedy is to cancel your account.
The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.
If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms ("Registration Data"); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to HostingSpaceCreation, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.
You acknowledge and accept that despite the security measures HostingSpaceCreation takes in connection with the Services, HostingSpaceCreation's system and/or Subscriber Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, HostingSpaceCreation may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that HostingSpaceCreation shall have no liability to you for any damage or loss that you may incur due to such corrective action. You further acknowledge and agree that you are solely responsible for backing-up all Subscriber Content and Subscriber Websites .
Except for Subscriber Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "HostingSpaceCreation Content"), are the property of HostingSpaceCreation or its licensors. No HostingSpaceCreation Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any HostingSpaceCreation Content. Any use of the HostingSpaceCreation Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the HostingSpaceCreation Content granted herein. All rights of HostingSpaceCreation or its licensors that are not expressly granted in this Agreement are reserved to HostingSpaceCreation and its licensors.
You may be able to upload, store, publish, display and distribute information, text, photos, Subscriber Content includes any content posted by you and users of any of your websites hosted through the Services ("Subscriber Websites"). You are solely responsible for any and all Subscriber Content and any transactions or other activities conducted on or through Subscriber Websites. By posting or distributing Subscriber Content on or through the Services, you represent and warrant to HostingSpaceCreation that (i) you have all necessary rights to post or distribute such Subscriber Content, and (ii) your posting or distribution of such Subscriber Content does not infringe or violate the rights of any third party.
You acknowledge and agree that HostingSpaceCreation may, but is not obligated to, monitor Subscriber Content and may immediately take any corrective action in HostingSpaceCreation's sole discretion, including without limitation, removal of all or a portion of the Subscriber Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that HostingSpaceCreation shall have no liability due to any corrective action that HostingSpaceCreation may take, including without limitation suspension or termination of Services.
You hereby grant to HostingSpaceCreation, to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute Subscriber Content and the Subscriber Website; and (ii) make archival or back-up copies of the Subscriber Content and the Subscriber Website. Except for the rights expressly granted above, HostingSpaceCreation is not acquiring any right, title or interest in or to the Subscriber Content, all of which shall remain solely with you.
HostingSpaceCreation complies with the Payment Card Industry Security Standard ("PCI Standard") in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your Subscriber Website. HostingSpaceCreation will not monitor Subscriber Websites for compliance and therefore we are not able to verify whether your Subscriber Website complies with the PCI Standard.
You will be solely responsible for all activities conducted on or through a Subscriber Website, including any transactions or interactions with end users of a Subscriber Website. You will be solely responsible for providing such end users with any required disclosure or explanation of the various features of the Subscriber Website and any goods or services offered thereon, as well as any terms of use and privacy policy for the Subscriber Website.
You will cooperate fully with HostingSpaceCreation in connection with HostingSpaceCreation's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Services. Delays in your performance of your obligations under this Agreement will extend the time for HostingSpaceCreation's performance of its obligations that depend on your performance.
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 Due. You will pay to HostingSpaceCreation all fees for the Services set forth in the registration form presented to you at the time you order the Services. All fees are non-refundable when paid except as otherwise provided herein.
Pricing. HostingSpaceCreation may change our prices from time to time. HostingSpaceCreation may increase the fees for the Services (i) as permitted in the applicable Service description published on the HostingSpaceCreation website or in a promotional offer (collectively, the "Service Description"), and (ii) at any time on or after the expiration of the Initial Term by providing at least thirty (30) days prior written notice to you. Written notice may be in the form of (i) notices and updates provided through the Subscriber billing tool provided as part of the Services, (ii) notices and updates otherwise provided through the Services, or (iii) pricing notifications for renewal terms sent via email. It is your sole responsibility to periodically review all billing-related information provided by HostingSpaceCreation through the Subscriber billing tool or other methods of communications and notices sent or posted by HostingSpaceCreation.
Taxes. The advertised fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder. All such taxes may be added to HostingSpaceCreation's invoices for the fees as separate charges to be paid by you.
Disputes. You have ninety (90) days to dispute any charge or payment processed by HostingSpaceCreation. If you have a question concerning a charge you believe is incorrect, please contact us at help@hostingspacecreation.com. If you initiate a chargeback, there may be a minimum charge of $25.00 plus applicable taxes to reactivate your account and we reserve the right to suspend your account for the duration of the dispute. Hosting accounts that have an open dispute may be disabled for security purposes.
Fraud. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions, and credit card companies.
Initial Term. The initial term of the Services purchased by you will be for the time period set forth in the registration form presented to you when you order the Services (the "Initial Term").
Renewal. Unless you cancel the Services or disable any automatic or non-automatic renewal option as set forth in sub-section below, following the expiration of the Initial Term the Services will automatically renew or you will need to make payment for successive periods of equal length as the Initial Term (each a "Renewal Term"). The Initial Term and any Renewal Terms shall be collectively referred to as the "Term." For Services with Term lengths of three (3) months or longer, HostingSpaceCreation shall provide notice of the upcoming charge for each renewal to Subscriber no later than thirty (30) days prior to the payment date for each Renewal Term. The payment date for Services with Term lengths of three (3) month or longer shall be fifteen (15) days prior to the end of the then current Term. For accounts with a Term of one (1) month, the payment date will occur twenty-four (24) hours prior to the expiration of Subscriber's Services without any prior notice.
If you do not want the Services to be renewed, you must opt out of the renewal option at least sixteen (16) calendar days before the end of your then current Term or else your payment method on file will be charged as described above.
Failure to Pay. If you fail to pay the fees due for the Services, we may suspend or terminate your Services and pursue any collection costs incurred by HostingSpaceCreation, including without limitation, any arbitration and legal fees and HostingSpaceCreation's reasonable attorneys' fees. If any check is returned for insufficient funds, HostingSpaceCreation may impose a minimum processing charge of $29.00 plus any applicable taxes. Accounts will not be reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost Subscriber Content that results from any suspension or termination of the Services.
Termination Procedure. You may terminate the Services you purchased at any time during the Term by giving HostingSpaceCreation notice by email to help@hostingspacecreation.com. The cancellation request is subject to verification of ownership of the account and/or domain, as determined in HostingSpaceCreation's sole discretion. In the event of such cancellation, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation subject to the terms of the thirty (30) day money-back guarantee if applicable. After the account is canceled, all Subscriber Content will be permanently removed from the server. Please make a backup of all Subscriber Content before you contact HostingSpaceCreation to cancel your account.
Termination by HostingSpaceCreation. HostingSpaceCreation may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due hereunder to HostingSpaceCreation; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm HostingSpaceCreation or others, cause HostingSpaceCreation or others to incur liability, or disrupt HostingSpaceCreation's business operations (as determined by HostingSpaceCreation in its sole discretion); (iv) you are abusive toward HostingSpaceCreation staff in any manner; or (v) for any other lawful reason or as otherwise specified in this Agreement. In such event, HostingSpaceCreation will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
Modification of Services. HostingSpaceCreation reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Data Deletion. Upon termination of the Services for any reason, Subscriber Content, Subscriber Websites, and other data will be deleted. You are solely responsible for maintaining backup copies of all Subscriber Content, Subscriber Websites, and other data. HostingSpaceCreation is not responsible for the loss of any Subscriber Content. It is essential that Subscribers backup files offline, even if Subscribers purchase or have products, such as Site Backup and Restore.
30 Day Money-Back Guarantee. If you purchase an account, you may receive a full refund of all hosting fees paid (the "Money-back Guarantee Refund") if you cancel within the first thirty (30) days of the Initial Term (the "Money-back Guarantee Period"). To request a Money-back Guarantee Refund, please contact us at help@hostingspacecreation.com. The Money-back Guarantee Refund shall only accrue and be due to you upon your compliance with, and subject in all respects to, the terms and conditions. Money-back Guarantee Refunds only apply to hosting services.
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 paid by Subscriber in connection with the purchase of add-on services, including without limitation, SSL certificates, AppMachine, Site Backup Pro, Pay Per Click Marketing (PPC), cPanel QuickStart, WordPress QuickStart, Site Doctor, website transfer, Design Service Standard, Design Service Plus, Design Service Premium, SEO Package, SiteLock, domain privacy, and domain names are non-refundable.
Cancellations After 30 Days. HostingSpaceCreation does not offer refunds for cancellations that occur after thirty (30) calendar days following the purchase.
HostingSpaceCreation is a reseller or licensor of certain third party products and services (collectively, "Third Party Services"). Your purchase and use of Third Party Services are generally subject to the applicable third party's terms and conditions. HostingSpaceCreation is not be responsible for any changes in the Services that cause any Third Party Services to become obsolete, require modification or alteration, or otherwise affect the performance of such Third Party Services. Any malfunction or manufacturer's defects of Third Party Services either sold, licensed or provided by HostingSpaceCreation to you or purchased directly by you and used in connection with the Services will not be deemed a breach of HostingSpaceCreation's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Third Party Services are limited to those rights extended to you by the manufacturer of such Third Party Services. You are entitled to use Third Party Services supplied by HostingSpaceCreation only in connection with your permitted use of the Services unless otherwise expressly provided.
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 point your domain name or DNS to one of HostingSpaceCreation's or HostingSpaceCreation's affiliates web pages as a default landing page, and that they may place advertising on your web page (the "Parked Pages"). You shall have no right to any compensation and shall not be entitled to receive any funds related to the monetization of your Parked Pages. If you do not wish for HostingSpaceCreation to display Parked Pages on your web page you can opt out of such practice. You can opt out of Parked Pages by updating the DNS of the domain name to point to another provider or by changing the default.html file stored on your account.
Technical Support Services
Except as described otherwise stated below, HostingSpaceCreation will provide technical support via email for the Services ("Technical Support Services"). You will be required to provide as much information as possible to aid our investigation into any issues or problems. By utilizing HostingSpaceCreation's Technical Support Services, you grant HostingSpaceCreation permission to access your account, if necessary, to resolve your issue. You agree that HostingSpaceCreation and its agents and employees are not liable for any damage resulting from the provision of customer support.
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. IN NO EVENT WILL THE HOSTINGSPACECREATION PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY SUBSCRIBER CONTENT, SUBSCRIBER WEBSITE OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF HOSTINGSPACECREATION IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOSTINGSPACECREATION'S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HOSTINGSPACECREATION FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, HOSTINGSPACECREATION'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless the HostingSpaceCreation Parties from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the HostingSpaceCreation Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any of your acts or omissions, except to the extent any of the foregoing directly results from HostingSpaceCreation's own gross negligence or willful misconduct. The terms of this section shall survive any termination of this Agreement.
Backups
For its own operational efficiencies and purposes, HostingSpaceCreation from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under this Agreement. IT IS SOLELY SUBSCRIBER'S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER'S FILES AND DATA ON HOSTINGSPACECREATION SERVERS, AND under no circumstance will HostingSpaceCreation be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber files and/or data on any HostingSpaceCreation server. HostingSpaceCreation will not attempt to back up accounts that exceed 50,000 files or 30 Gigs of space for any reason.
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.