Terms of Service
Customer agrees to the following terms of service:
Term: Customer agrees to a contract term for services for the length of time prepaid unless otherwise agreed to in writing.
Service Fees: Fees for service(s) ordered by the Customer shall begin on and are due on the date of the initial order. The 1st day of the month shall serve as the anniversary date for all future billings including upgrades, additional services, cancellations and service credits. Fees for services made on the date of the initial order will be prorated to the next anniversary date. If the date of the order is after the 15th of the month the prorated change will be to the next annivesary date plus one month. Fees are due by and will be billed on the anniversary date for all future billing.
Upgrade Fees: Upgrades ordered on the billing anniversary date will be billed for the contract period and will continue each contract period on the anniversary date. Upgrades ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full contract period fees added to your existing anniversary billing date.
Additional Service Fees: Additional services ordered on the billing anniversary date will be billed for the contract period and will continue each contract period on the anniversary date. Additional services ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full contract period fees added to your existing anniversary billing date.
One Time Fees: One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.
Domain Name registration: Domain names purchased through Hoss Hosting, LLC are nonrefundable. The domain names are under the control and ownership of the customer for the length of time the customer paid for.
Service Credits: Service credits will be issued to your Customer account and shall be used to offset future billable services. Service credits shall not be issued as cash back to the Customer nor are service credits transferable to other account holders.
Cancellation: The Company requires a three (3) day written cancellation notice prior to the anniversary billing date for discontinuance or downgrades of services for the contract period. Failure to supply the requisite three (3) day written notice of cancellation will result in a full billable contract period cycle prior to cancellation. Notice of written cancellation is preferred through the online customer portal located at https://support.hosshosting.com/. Notice of cancellation can also be mailed to HossHosting, LLC, PO Box 472, Littlestown, PA 17340 . All customer data remaining after the cancellation date will be destroyed for security and privacy reasons.
Refunds & Disputes: Shared Hosting Packages and Virtual Private Server Packages have a thirty (30) day period from account activation where a full refund on the shared hosting package price is available. All other services rendered by Hoss Hosting, LLC are non-refundable. This includes, but is not limited to: setup fees, one time fees, contract period service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open a sales ticket inside the online customer portal located at https://support.hosshosting.com/ . Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency.
Non-Payment: All payments are due in full by the anniversary date. Failure to remit payment for services by the anniversary date is a violation of the TOS. A late fee of $10 will be incurred for failure to remit payment for services on or before the anniversary date plus three (3) days. Failure to remit payment for seven (7) consecutive days, including the anniversary date, shall result in a termination of public access to Customer services. All Customer data remaining after twenty one (21) days of non-payment will be destroyed for security and privacy reasons.
Data: Hoss Hosting, LLC agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership.
Laws: Customer agrees to abide by all local, state, and federal laws pursuant to services delivered in Dallas, Texas, United States of America. Proper venue for legal remedies shall be Dallas County, Dallas Texas. All contact terms found herein shall be bound by Texas State Law or the Uniform Commercial Code whichever may be applicable.
Mutual Indemnification: Each party agrees to indemnify and hold harmless the other party, the other party's affiliates, and each of their respective officers, directors, attorneys, 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 indemnifying party's actual or alleged infringement or misappropriation of a third party's copyright, trade secret, patent, trademark, or other proprietary right.
Limitation of Liability: Hoss Hosting, LLC shall not be liable to the Customer for harm caused by or related to the Customer's services or inability to utilize the services unless caused by gross negligence or willful misconduct. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known. Notwithstanding anything else in this agreement, the maximum aggregate liability of Hoss Hosting, LLC and any of its employees, agents or affiliates, under any theory of law shall not exceed a payment of money not to exceed the amount paid by the customer for hosting services for the six moths prior to the occurrence of the event(s) giving rise to the claim.
Arbitration: Any controversy or claim arising from service or related to this contract or breach therein in excess of $500.00 shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction.
Electronic Signature: Acceptance of the Terms of Service, Acceptable Use Policy and Privacy Policy hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.