Terms of Service

Terms of Service (TOS)

Effective Date: This Terms of Service was last updated on October 15, 2009.

HostingScene ("The Company") agrees to furnish services to the subscriber of services ("Client"), subject to the following TOS ("Terms of Service"). HostingScene reserves the right to change this TOS at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this TOS periodically and to be aware of any modifications. You may identify whether HostingScene has revised this TOS by noting the "Effective Date" above. Your continued use of the services after such modifications will constitute your: (a) acknowledgment of the modified TOS; and (b) agreement to abide and be bound by the modified TOS. If you do not agree to these terms, please contact us to cancel your services. Services: Subject to the terms of this Agreement, and contingent on Customer's satisfaction of HostingScene's credit approval requirements, HostingScene agrees to provide the web hosting services described in the Order for the fees stated in the Order. Payment and Fees: Establishment of this service is dependent upon receipt by HostingScene of payment of stated charges. Subsequent payments are due on a recurring date that coincides with the date of sign up. The accepted methods of payment are credit card (Visa, MasterCard, AMEX), and PayPal. Paypal payments must be submitted to billing@hostingscene.com Clients are responsible for any additional transaction fees that coincide with any payment methods. Money orders should be sent at least 7 days prior to the invoice due date to help ensure that the payment is received by HostingScene in a timely manner. The Company reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to andincluding the immediate and permanent cancellation of the Client's services or their entire account with The Company. Credit cards that are declined for any reason are subject to a $2.00 declination fee. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment is subject to a $15 reconnect charge. Accounts not paid by due date are subject to a $10 late fee. Accounts that are not collectible by HostingScene may be turned over to an outside collection agency for collection. If you desire to cancel your account, please follow the proper procedure as outlined in this TOS. If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. The Company reserves the right to keep a service deactivated until funds paid have cleared. Account Cancellation: Client must submit service cancellations by opening a ticket through our client portal at least 7 days but not more than 30 days before the end of the service's billing cycle. Cancellation requests are not accepted through phone, email, fax, or any other method besides through opening a ticket through our client portal. You must have all account information to cancel an account. Only the authorized account holder may cancel the account. In the event of cancellation, customer will automatically be billed for any excess bandwidth usage during the then-current monthly billing cycle. Refunds and Disputes: All payments to HostingScene are nonrefundable. This includes one time setup fees, prepayment fees, and subsequent charges regardless of usage. Client shall not be entitled to any refunds, pro-rated or otherwise, in the eventof early termination of this agreement by The Company according to the terms herein. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer or payment provider (chargeback) that, in HostingScene's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay HostingScene an "Administrative Fee" of not less than $25 and not more than $100. HostingScene offers a risk free, 30 day money back guarantee on all shared hosting plans and reseller plans. The money back guarantee does not apply to virtual private server solutions. Under no circumstances are there to be refunds for our setup fee, administrative fees, or domain registration fee. Only first-time signups will be allowed to utilize our 30 day money back gurantee. Customer Information: Customer agrees that HostingScene may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that HostingScene believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request. Law/AUP: Customer agrees to use the service in compliance with applicable law and HostingScene's Acceptable Use Policy ("AUP"), which is hereby incorporated by reference in this Agreement. Customer agrees that HostingScene may, in itsreasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to the AUP are effective on the earlier of HostingScene's notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with HostingScene'sreasonable investigation of any suspected violation of the AUP. In the event of a dispute between HostingScene and Customer regarding the interpretation of the AUP, HostingScene's commercially reasonable interpretation of theAUP shall govern. Customer Information: You agree to provide HostingScene with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail, and street address, or telephone and fax number, or any other information that you provide to HostingScene in order to receive or to continue receiving services. Further, you agree to provide HostingScene with updated contact information within a reasonable period of time following the change in circumstance that creates the need for updated information. Indemnification: Customer agrees to indemnify and hold harmless HostingScene, HostingScene's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer. Disclaimer of Warranties: HOSTINGSCENE DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW HOSTINGSCENE DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS. Limitation of Damages: NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLEDILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF HOSTINGSCENE AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE. Force Majeure: HostingScene shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond HostingScene's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry. Non-Waiver: Client agrees that HostingScene's failure at any time to enforce any of the provisions of this TOS or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way beconstrued to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS. The exercise by HostingScene of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice HostingScene from exercising thereafter the same or other rights, remedies, or options. Misc: We reserve the right to refuse service to anyone at any time for any reason. Anything not explicitly stated in this TOS is subject to interpretation at HostingScene's sole and absolute discretion. You, as HostingScene's client, are solely responsible for the content stored on and served by your HostingScene service. Contact: Please direct all questions regarding this TOS to legal@hostingscene.com