Terms of Service

The use of services from HostedPlanet.com, constitutes agreement to these terms. You may view our Privacy Policy here.

1.) Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. You must change the password of your cPanel and/or WHM immediately after you receive the activation email.

1a.) Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

2.) Content

All services provided by HostedPlanet.com may only be used for lawful purposes. The laws of the United States apply to our shared hosting and reseller hosting. The customer agrees to indemnify and hold harmless HostedPlanet.com from any claims resulting from the use of our services. Using a shared or reseller account mainly as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups. Examples of unacceptable material on all Shared and Reseller servers include:
* Proxy Scripts/Anonymizers
* Torrentflux/Torrent scripts
* IP Scanners
* Bruteforce Programs/Scripts/Applications
* Mail Bombers/Spam Scripts
* File Dump/Mirror Scripts (similar to rapidshare)
* Commercial Audio Streaming (more than one or two streams)

3.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
HostedPlanet.com reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
HostedPlanet.com reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of HostedPlanet.com.

4.) Payment Information

You agree to supply appropriate payment for the services received from HostedPlanet.com, in advance of the time period during which such services are provided. You agree that until and unless you notify HostedPlanet.com of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via the cancellation button from your client area. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately. Canceling your account will remove all files/emails at any time without any notice.
As a client of HostedPlanet.com, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. HostedPlanet.com provides a 2 week grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding after the overdue period (generally 2 weeks from the date of generation of your invoice) and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal.
HostedPlanet.com reserves the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. HostedPlanet.com is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on HostedPlanet.com servers.

6.) Cancellations and Refunds

HostedPlanet.com reserves the right to cancel your account at any time with or without notice. Any abuse or threaten of our staff in any medium or format will result in the suspension or termination of your services. Customers may cancel at any time from the client area. HostedPlanet.com gives you a 30 day money back guarantee on shared hosting, and reseller solutions for any customer who paid with Paypal. Requests after the first 30 days will not be honored. The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
* Checks
* Money orders
There are no refunds on dedicated servers, VPS, administrative fees, install fees for custom software, or domain name purchases.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. If we receive any dispute or chargeback from the payment processor you are not eligible for a refund and your account will be charged $50 ad "Administrative Fee"; we also reserve the right to take any action on the account.
Violations of the Terms of Service will waive the refund policy.

7a.) Resource Usage

User may not (on shared hosting and reseller hosting): a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities.
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
h) Use his/her account mainly for storing files (eg. Rapidshare, Tinypic).
i) Run cron entries with intervals of less than 15 minutes.
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php").
Hosting space is intended for normal use only, and is limited to web files, e-mail and content of the hosted web sites, not for storage of other data which is not related to your site. Hosting space may not be used as storage for a large number of electronic files including but not limited to songs, videos or for third party electronic mail or FTP hosts. You are responsible for removing any files which do not meet these requirements, and for adhering to any hosting space (disk usage) limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account, which actions we may take in our sole discretion.

7b.) Backup Limit

Any shared account using more than 20 GB of disk space will be removed from our backup system. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

7c.) Attacks and Exploits

Any activity which affects the ability of other people or systems to use any services or other internet services. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the client's responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems.

8.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9.) Money back Guarantee

On dedicated servers, VPS and collocation no full refund will be honored -- the money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.
Each of HostedPlanet.com's shared and reseller plans listed on our site carries a money back guarantee on them except any custom-made plan. Any custom-made plan is not eligible for a refund. If you are not completely satisfied with our services within the first 30 days of your signup, you will be given a full refund of the contract amount excluding domain registration charges (and/or any transaction and/or setup charges if applicable). Remember, this is only for shared or reseller packages and does not apply to dedicated servers, virtual private servers, administrative fees, install fees for custom software, or domain name purchases. In case of a reseller account a refund will be provided after deducting $10.

10.) Uptime Guarantee

HostedPlanet.com will try to maintain an average uptime of 99% per year. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system which may differ from the uptime reported by other individual services. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers and virtual private servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee. The uptime does not include hardware failures or natural disasters.

11.) Reseller: Client Responsibility

Resellers are responsible for supporting their clients. HostedPlanet.com does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. HostedPlanet.com will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

12.) Shared (non-reseller accounts) / Semidedicated Servers

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.

13.) Price Change

The amount you pay for hosting will not increase from the date of purchase for your allotted amount of resources. We reserve the right to change prices listed on HostedPlanet.com, and the right to increase the amount of resources given to plans at any time.

14.) Coupons

Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.

15.) Price Challenge Terms

The provider must be in business for more than 12 months and must have their own servers. Our decision will be final and binding in this regard.

16.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold HostedPlanet.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against HostedPlanet.com, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless WebT Hosting against liabilities arising out of your use of HostedPlanet.com's server.

17.) Disclaimer

HostedPlanet.com shall not be responsible for any damages your business may suffer. HostedPlanet.com makes no warranties of any kind, expressed or implied for services we provide. HostedPlanet.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by HostedPlanet.com and its employees.

18.) Changes to the TOS

HostedPlanet.com reserves the right to revise its policies at any time without notice.

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