Terms of ServiceThe terms and conditions below are constituting a legal form of agreement between you (below referred to as "The Customer") and Hosting Beast (below referred to as "The Company"), legal owner of the domain name and web site hostingbeast.com (below referred to as "The Website"), each referred to herein as a "Party" and, when collectively, as the "Parties". Your agree that you are bound by these terms by your use of The Company Services which includes, but is not limited to visiting the website, using its internal and external links for search of information, ordering any of The Company services, contacting The Company representatives, Support Services and/or any software made available to you by The Company.
The Customer's account will be activated after The Company received the first payment for it as per the prices responding to the package on The Website. It is The Customer's sole responsibility to provide The Company with an email that is different from the @ domain(s) they are signing up with. It is sole responsibility of The Customer to keep the primary email address up to date at any time.
The Company will make any effort to transfer The Customers website to its servers, still, this is provided for The Customer's convenience only, as a courtesy service and The Company cannot make any guarantees concerning the time, availability or possibility for the account to be transferred to its servers. Every hosting company is organized differently, thus there is a possibility that The Customer's former hosting company saves data in an incompatible format. In result, some or all of The Customer's data might be impossible to be transferred.
Domains Registrations and Renewals
Registration of free domain name:
Upon sign up The Customer is eligible for free domain name registration. The Customer chooses whether a domain name registration should be included in his/her account and the billing cycle for the account. The free domain name registration is an offer valid only during the initial registration. Afterwords, it is no longer valid. Upon cancellation The Company will withhold the registration fee of $14.95.
New domain name registration that comes for free needs to be requested at the time of the initial account setup. This domain name is used as the primary domain for the hosting account.
This domain name has one of the following extensions: .com; .net; .org; .us; .biz; .info.
The Company will not own or otherwise control any domain name registered on The Customer's behalf under this paragraph.
The registration and the renewal of The Customers domain name will be included in the initial and renewal fees. The domain name is used as the main domain for the hosting account throughout the whole duration of the hosting service. Each domain ordered by The Customer is registered on behalf of The Customer and The Customer's personal details are used for its registration. The contact email address of The Customer will be used for the registration of each domain name. The Customer can change the Domain administrative email and manage his/her domain name registered or transferred to The Company through the Client Area. The Customer is allowed transfer the domain name registered by The Company to another domain name registrar at any time.
All domain names that do not meet the conditions for free registration and renewal are subject to the appropriate fees depending on the number of domains ordered, the registration period and the domain extension. Renewal fees are due for all such domains at the end of the pre-paid period. Registration and renewal fees for such domain names are non-refundable. These services will be automatically renewed when The Customer's domain registration is up for renewal, and will incur the applicable additional renewal fee unless The Customer cancels in advance.
The appropriate redemption fee should be paid by The Customer if the renewal request of an additional domain name is received in more than 30 days after the expiration of the domain. The Redemption fee currently is $199USD. Non-refundable are registration, renewal and redemption fees for such domain names. The Customer agree that The Company will not be responsible for canceled domain names that The Customer fails to renew, either automatically or manually in the time frames indicated in this Agreement. If The Customer does not redeem his/her domain name prior to the end of the Registry's Redemption Grace Period the Registry will release his/her domain name and it will become available for registration on a first-come-first-served basis.
-The Customer agree to thoroughly, accurately and honestly complete all forms and requests for information provided by The Company throughout the process.
-The Customer agree that The Company will not be responsible for any false or misleading information The Customer provides, whether intentionally or unintentionally.
-The Company charges the appropriate fee for the domain transfer, depending on the domain name extension. This fee is non refundable.
-The Company cannot be held responsible if a domain transfer is not successful.
-The Company may notify The Customer if the transfer is not successful with the needed steps that he/she needs to follow in order to finalize the transfer. In case The Company does not receive response in 7 days period after the notification is sent, new fee is required in order to have the transfer re-initated.
Requirements For Successful Domain Transfer Process:
1. The domain name to be transferred Status is unlocked( so the transfer will be allowed to be made)
2. The Customer has access to the administrative contact email for the domain( this need to be checked with the current registrar of the domain name before the transfer is initiated)
3. The Customer needs to provide The Company with the domain EPP key code/authorization code, applying to domains for which there is such code.
4. The domain name was registered for the first time more than 60 day ago.
5. The domain name has extension that The Company is able to register.
6. For .co.uk and .org.uk domains the special TAG attribute needs to be set properly
External Domain Names:
If a domain name is not registered through The Company or transferred from another provider, The Customer takes the risk, fully. The Customer agrees to be aware of the changes made - DNS settings change. The Company cannot be held liable for any faults in the domain names functionality-wrong DNS servers setup, expired domain names, misspelled domain names,etc.
Addon Domain Slot:
Addon Domain Slots allow having additional websites hosted on one account without creating a new hosting account for that domain. The domain will share the space and bandwidth allocated for the account, and will have it's own e-mail addresses, and ftp login. However, this domain will not have it's own cPanel as this feature only comes with a new hosting package.
Domain ID Protect:
The domain ID protect extra service allows The Customer to hide his/her personal details, connected with his/her domain name. It prevents people from gaining access to phone number, address, and other private information. The Company provides Domain name ID protect only to domain names that have been registered or transferred to The Company. A fee is required for the purchase of a Domain name ID Protect service per year.
The ID Protect service is available for order only for .com, .net, .org, .biz and .info domain names that are registered or transferred to The Company. Country domain names like the .us TLD do not allow such service to be activated. It is important to know also that the service has an expiration date that is not related to the expiration date of the domain.
The ID Protect service is non-transferable and not valid for a period exceeding the period of registration of the domain name assigned. The ID Protect service is non-refundable. The 30 days refund policy does not affect the service- ID Protect.
The ID Protect service cannot prevent other organizations to publish information of the holder of field on a database other than the "WHOIS".
Every customer of The Company company is eligible to use SiteBuilder web design tool. The SiteBuilder is included in the web hosting account plan. No additional charges are required for using SiteBuilder web design tool. The SiteBuilder is a third party software and The Company does not take responsibility for any faults in the SiteBuilder functioning or accessibility.
There is an additional fee for dedicated server customers wishing to use the SiteBuilder.
Dedicated IP Address makes The Customer's website more independent from others on the shared server. With most web hosts one IP address is assigned to several domains and access to a domain is available only by its domain name. Each customer's website can have a unique and dedicated IP address. This way, The Customer can access his/her domain name either by it's domain name or by it's dedicated IP address.
The Customer can use Dedicated IP Address with any hosting plan. The fee is applied for Dedicated IP per year and it is non- refundable. A renewal fee is required every year after the initial order.
Private SSL Certificate
SSL (Secure Sockets Layer) is a protocol that provides secure communications on the Internet for such things as web browsing, e-mail, instant messaging and other data transfers. If The Customer enables that connection The Company will charge The Customer the appropriate fee. Fees will be charged yearly and in advance. The Company will automatically bill The Customer credit card for fees until cancellation. All payments for the Service are non-refundable and may not be credited back.
The Customer is fully responsible for the correctness of the information filled in by him/her during the SSL certificate order process. The Customer is also solely responsible for maintaining all information relating to his/her use of his/her SSL certificate up to date. The Customer need to specify the domain name that is going to be used with the certificate. The Customer also has to choose whether the certificate will be used for the domain with or without the www prefix.
Private SSL certificates require the use of a dedicated IP address.
The Company acts in good faith to create a backup copy of each Customer's account 4 times per day. The Customer is granted access through the control panel at no additional fee.
There is an additional fee for dedicated server customers wishing to use The Companies backup services.
The Customer is solely responsible for making backup copies of his/her web site and content, associated with The Customer's account, such as email messages, SQL databases, etc. The Company has no liability or obligation to create, store or provide any backup copy to The Customer website and other content.
The Company cannot be and will not be liable for any damage, loss of data, loss of use or other loss occurring because of lack of a copy of Customer's website and other content or having an outdated back up copy of Customer's website and other content. The Company cannot be held liable for any damages caused by loss of data, the reasons for which include but are not limited to Internet connectivity problems, electricity outage, hardware failure, software failure, human mistake and force majeur events like fire, flood, other natural disasters and acts of God, labor disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment, etc. In these and all other cases The Customer will be solely responsible for making and storing his/her own backup copies of the data, associated with The Customer's hosting account as well as restoring any missing data and information. The Company shall not be liable for the time period needed for The Customer to restore the backup information to his hosting account and shall have no obligation to notify The Customer in the event that The Customer's account content needs to be restored.
Payments and Renewal policy
The Customer understands and agrees that he has to provide The Company with the appropriate payment for the services he receives from The Company. All services are prepaid and must be paid before the time period which they are provided for. The Customer understands and agrees that those services will be billed on a recurring basis, unless The Customer informs The Company that The Customer wants to cancel any or all of the provided services. All renewal payments are not eligible for refund and it is sole responsibility of The Customer to make sure that their payment information is kept up to date, as well as all invoices are paid on time. Cancellation requests for renewal payments must be sumbitted before 11:59AM EDT on the renewal date. All payments conducted after this moment are considered as non-refundable.
Service cancellation by The Customer
All services that are provided by The Company can be canceled by The Customer. The only possible way of cancelling a hosting account is by submitting a ticket to the Cancellation department through the Account Manager. There are two parts of cancellation: initiating a cancellation request and then confirmation of the cancellation request. The Company receives the cancellation request only after it has been confirmed by The Customer. The cancellation becomes effective in accordance with the time chosen by The Customer through the Cancellation process.
Immediately after the cancellation becomes effective, The Customer's account will be terminated. After the cancellation becomes effective The Company cannot be held in charge for loss of data due to suspension or termination.
The Company will refund The Customer if the cancellation request meets the following terms:
- The Customer's cancellation request has become effective in less than 30 (thirty) days after the date of the first payment for the account provided the client requests a refund and has ordered an applicable hosting package.
- The money paid by The Customer for the hosting account(s) will be refunded minus any applicable setup fees and non-refundable items. In case of a refund the setup and processing fee is always withheld, even if this fee was waived at the time of purchase.
- If a domain name is registered by The Customer during the initial hosting account order process, then the appropriate domain name registration fee will be withheld as well. In case of a refund, the domain name registration fee is always withheld, even if this fee was waived at the time of purchase.
Service Cancellation by The Company
The Company may also cancel any of its services, if The Company determines in good faith that this service has become impractical or unfeasible for any technical, legal, regulatory or other reason, by giving The Customer as much prior notice as reasonably practicable.
The hosting service used by The Customer may be canceled for any or no reason by The Company with a preceding 7 days notice. After the 7 day period The Customer's Account will be ended and The Customer will be provided with access to an archived backup copy of The Customer's account content as of the termination date. These backup copies will be available for no more than 7 calendar days. After the expiration of the 7-day period for accessing the archived back up copy, all backup copies and any other information or data related with the account will be deleted from The Company's servers. If deemed necessary by The Company accounts may be immediately terminated.
For annual downtime of more than 0.1% on the server(s), where The Customer's website is hosted, The Customer will receive compensation if all the conditions below are met:
- The Customer has used The Company hosting service for at least 12 months.
- The server(s), where The Customer hosting account is located, experiences a total downtime of more than 0.1% in a period of 12 months after the account activation or during any of the consecutive 12-month periods.
- The reason(s) for the server downtime occurrence(s) were NOT beyond The Company influences, which include but is not limited to: DOS attacks, Internet connectivity problems, electricity outage, hardware failure, software failure and force major events like fire, flood, other natural disasters and acts of God, labor disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment relative to the server uptime, etc.
- The Customer requests his/her compensation not later than 30 days after the 12 month period, in which there was a downtime longer than 0.1%, has ended. The Customer will be compensated with a credit equal to the fee he has paid for the hosting service prorated by the number of hours in which the Service was interrupted because of the downtime beyond the 0.1%.
The Customer should pay the applicable amount at the time of registration/renewal date. The Company has the right to change the prices periodically and The Customer will be charged on the new applicable taxes for the next billing cycle. Exceptions apply in case that a Customer or group of such have written arrangement with The Company's Billing Department.
Servers configuration policy
The Company has configured its servers based on its best knowledge for optimal server performance and stability. The Company can make changes at the server configuration at any time without prior warning to The Customer if it is in its best interest. This is done for achieving better server performance and stability. The Customer agrees that he/she will not be able to perform any activity from his/her account, that will be in contradiction with the server configuration, as such activities are endangering the quality of service and the overall server performance.
The Company reserves the right to perform application version changes and updates at any time without prior warning to The Customer. This is done in good faith for achieving better server performance and lowering the resource usage by The Customer's website. The Company shall not be liable if any part of The Customer's account or website is not compatible with any system update and for any loss or damage arising therein.
Technical Acceptable Use Policy
The Customer understands and agrees that all applications, scripts, software, as well as actions caused by them, hosted on his shared hosting account with The Company should comply with the following resource and acceptable use policy requirements:
1. Any of the applications, scripts, software products on the application listed below is considered as strictly prohibited:
- Any kind of daemon processes, such as, but not limited to: IRCD, BNC, proxy.
- Any type of web crawler software.
- Any type of software that interfaces with IRC or another type of relay chat networks.
- Any type of torrent applications, trackers, or clients. Your websites may contain links to legal torrent websites, but you may not host or store such on your account.
2. Crontab jobs are required to be set for interval larger than 30 minutes.
3. Your account may not participate in any legal or illegal file sharing, storage or peer to peer activities.
The Customer understands and agrees that:
The use of email clients with IMAP protocol is allowed for mailboxes with a maximum size up to 250MB. If a usage of the IMAP protocol with a larger mailbox occurs, it can be considered as endangering the overall server performance and stability and flagged for review and/or suspension.
The use of email clients with POP3 protocol is allowed for mailboxes with a maximum size up to 250MB. If an usage of the POP3 protocol with a larger mailbox occurs, it can be considered as endangering the overall server performance and stability and flagged for review and/or suspension.
The total amount of email messages, sent either by applications, scripts, webmail or email clients, should not be over 400 emails per hour. If an account is detected to send more than the stated above amount, it can be considered as endangering the overall server performance and stability and flagged for review and/or suspension.
The total amount of email messages that can be received from all email accounts on The Customer's hosting account per minute, should not exceed the amount of 80 messages per minute. If an account is detected to receive more than 80 messages per minute, it might be temporarily suspended or its MX records might be redirected, in order to preserve the server normal operations and stability. Furthermore, the total amount of recipient of single email message should not exceed 15.
The Company cannot be held in responsibility for any loss suffered or occurred damages including but not limited to: email delivery failures, email loss, emails being flagged as spam, etc; during or resulting from server or email service downtime, irrespective of the cause, time and duration of the mentioned downtime. The Company cannot guarantee that any particular email message will be delivered to or from a particular mailbox due to the nature of the email service and to the fact that the Internet is not owned nor controlled by any legal entity. Using the email service provided by The Company is done on an 'as is, as available' basis and is used at The Customer's own risk.
The Customer understands and agrees that an account cannot use more than 50,000 inodes per account. Accounts that slightly exceed the inode limits are unlikely to be suspended, however, accounts that are constantly creating and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. Every single file or folder on The Customer's account is counted as 1 inode unit.
MySQL/PostgreSQL/Other database engines policy
The Customer understands and agrees that: The usage of MySQL and PostgreSQL database server resources must be kept in a way that does not endanger the quality of the overall server performance. The Company has the right to decide on its sole discretion which queries executed towards any database are considered as slow. Slow queries are being considered as a burden, which endangers the overall server performance. Failure to comply with this might lead to warning, suspension or possible account termination. The databases with size greater than 150 MB must be well optimized, which includes, but is not limited to: adding indexes to their main tables and fields, periodic audit and removal of unnecessary data, in order to avoid severe server overloads or resource over usage.
A database or its content are not recommended to grow over 600 MB per database and 300 MB per database table. Exceeding any of these provided limits may lead to warning, limitation, disabling of the database, suspension or possible account termination with no refund.
The Customer is responsible to manage database(s) and scripts interacting with them so that they are in compliance with this policy.
Script executions/Average execution time
The Customer understands and agrees that:
The account owned by The Customer is allowed to execute up to 15,000 scripts or programs for any given calendar day. The Customer is allowed to execute up to 900 programs or scripts per any given hour of the day. Script Executions is the number of programs or scripts, executed for a certain period of time.
The account owned by The Customer is allowed to use up to 24,000 CPU seconds for any given calendar day. The account owned by Тhe Customer is allowed to use up to 2,000 CPU seconds for any given hour of the day. CPU time is considered the amount of time (measured in seconds) that an application is using while processing CPU instructions.
The account owned by The Customer is allowed to execute each script for average of up to 5 seconds for any given day. The average time is calculated on daily basis, where the total number of CPU time for that day is divided by the total number of scripts executions occurrences for the same day. The Company reserves the sole right to require changes or disable as necessary any web site, hosting account, email account, database, or other component that does not comply with these established policies, or to make any such modifications in an emergency at its sole discretion.
Providing Support Policy
The Company will provide unlimited webhosting related support, as well as non-webhosting related one to The Customer.
The Customer can requeste technical support only by opening a ticket trough the ticketing system located in the Account Manager. The Company will have no liability to provide technical support if it is requested in any other way, different from the ticketing system. The Customer acknowledges that by asking our technical representatives for technical assistance, he/she authorizes their intervention and operation in The Customer's hosting account, cPanel and/or Account Manager.
The Customer must provide The Company with all information and access to resources that The Company may reasonably require to provide the requested Technical Support. The Company cannot and will not be liable for any delays or increased costs or expenses associated with Customer's failure to provide any of such information.
The Company will do its best to provide the requested technical support in the time frame expected by The Customer and to achieve the results required by every particular request. The Company, however, has no obligation to complete the requested Technical support by any deadline or achieve any particular outcome or result. The Company provides technical support in best interest of The Customer and does not guarantee the successful outcome or result of any operation requested. The Customer agrees to accept technical support upon sole own discretion and responsibility.
The Customer should not abuse the ticketing system. Abuse of the ticketing system includes, but is not limited to, excessive number of tickets opened by a single Customer, aggressive and/or harassing behavior, etc. Any abuse of the ticketing system may result in warning, ticketing system access restrictions, hosting account suspension or possible hosting account termination with no refund. The Company has the sole right to decide what constitutes abuse of the ticketing system and apply an additional fee, depending on requests frequency. No additional fee will be formed in this document. Additional fees are formed "on demand" principle by The Company representatives. If an additional fee for certain service is requested, no service will be provided by The Company prior invoiced fee is paid. Any additional fees paid by The Customer for technical support are non-refundable.
Any promotional offers are applicable only to the initial invoice and are not considered recurring unless otherwise noted.
Third party products policy
The Customer is solely responsible for any license and other fees required by the software maintainers, for using any third party software installed on The Customer's account apart from the initial account setup and processing fees. Passages within The Company's website and advertisement products, mentioned as free for installation (e.g. FREE vBulletin installation) refer to the act of installation itself is being free of additional charges, which does not include licensing fees involved for any particular product or service.
Changes to the TOS
The Company reserve the rights modify the Terms of Service at any time and without notification. It is Customer's sole responsibility to check those Terms of Service and make sure he/she is always up to date.
The Company may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies. The Company may disclose any Customer's information without prior notice to law enforcement agencies if such information is demanded. The Company will cooperate fully with law enforcement agencies.
All services provided by The Company may be used for lawful purposes only. All laws of the State of New Jersey and the United States of America apply.
The Customer must hold harmless and risk-free The Company from any claims resulting from the use of The Company services. Use of The Company services for any copyrighted materials which includes, but are not limited to unauthorized music files, photographs, books or any other copyrighted materials or work are completely forbidden.
The offer or possessing of such information or materials, or the offer to sale of any fake merchandise of a trademark holder will immediately result in the termination of that account. Accounts, founded to be in violation of others copyright will be instantly removed, or any access to it will be immediately stopped. If the account is found again to be in the violation of copyright or trademark laws it will result in the immediate suspension and/or termination of the account.
It is Customer's sole responsibility to ensure that there is no illegal content on its account. The Company cannot and will not be held responsible for any data loss or deleted information if such information occur and is not deleted by The Customer. The Company cannot and will not be held responsible for nonperformance of slow performance caused by any reason, no matter it is coming from within or outside of its control.