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TERMS OF SERVICE

Please review the following Terms of Service of our hosting services. You are agreeing to abide by these terms when you sign up for hosting service with us.
Introduction Content Site Ownership
Additional Services DMCA Compliance Spam Policy
Automatic Renewal Domain Name Registration Support Policies
Billing Legal Disclaimers Termination
Cancellation Referral Bonus Uptime Guarantee
Contact Information Resellers Usage Restrictions

INTRODUCTION
5DollarHosting.com® is a wholly owned subsidiary of Mayers Enterprises, Inc, which is a registered New York Corporation and is currently headquartered in central Florida.

The following terms of service were carefully developed over several years and reflect our position and responsibility to you in various aspects of our hosting services. We reserve the right to update these terms at any time as necessary in the course of business, and as conditions warrant. Notification will be made to our clients whenever a substantive change is made to these terms. Continued use of the hosting service implies agreement to be bound by the most current terms of service.

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ADDITIONAL SERVICES
A list of optional additional services is available on our SimplePlan page, along with any associated costs.

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AUTOMATIC RENEWAL
All accounts are placed on automatic renewal by default. Unless we receive a Cancellation Request prior to the renewal date, the hosting account will be renewed, and the credit card on file will be billed for the next period. You will receive an Advance Notice of Payment Due 28 days prior to any renewal date for your hosting plan and/or optional packages.

If your hosting account is renewed, but you cancel within 48 hours of the renewal date, you will be entitled to a full refund. However, continued use beyond 48 hours of the renewal date will make the standard Termination Policies apply should you decide to discontinue service.

Note: It is imperative that your account have a valid email address on file at all times, since the Adva
nce Notice and all billing communication will be done via email only.

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BILLING
Payment Methods
We accept Visa, MasterCard, American Express, PayPal, checks and money orders. Payments made via unsecured (personal or business) check will not be processed until the check clears the bank. Accounts paid by bank check or money order are processed upon receipt by postal mail. Checks returned for any reason will result in a $25 returned check fee.

New Account Setup
All plans are billed in advance for periods of 3, 6, or 12 months. Orders placed with a credit card are processed in real-time using our secure payment gateway. Accounts paid by PayPal are set up upon notification of receipt of the funds by PayPal. Orders placed by check or money order are held until arrival and clearance (if necessary) of the item. Any additional fees incurred after the initial setup will be charged against the credit card originally provided, or must be prepaid if another payment method was used.

Invoicing and other Notifications
All billing notices, including the Advance Notice (sent 28 days prior to renewals), Payment Received notice, Grace Period, and Suspension reminders are sent by email only. We are not able to provide hard-copy billing at this time, however you may either print the email you receive or use the "Billing History" tool in your Control Center to print out any invoices as required.

NOTE: IT IS VITAL THAT YOU KEEP YOUR EMAIL ADDRESS LISTED WITH US UP-TO-DATE! Many suspensions have resulted from failure to provide us with an updated email address, thereby missing all the billing notices sent regarding your account.

Suspension for Non-payment
Accounts with an unpaid balance will receive daily notifications via email. After 7 days without being able to process payment the account will be suspended, including web page and email services. After 21 days on suspension (28 days past-due) without any contact from the client, the account shall be removed from the servers, and all data discarded. During the suspension period, daily notifications will continue to be sent to the billing contact on file with us, as well as the account owner email address.

Chargebacks / Protested Charges

"Chargebacks", or protested transactions, are designed to protect the cardholder against fraudulent use of their card. They are also supposed to be a last resort, after repeated attempts to contact the merchant for resolution have been unsuccessful. If you have questions about a charge that appears on your bill, you should always contact the merchant first to see if it legitimate. We have arranged to have our telephone # appear on charge statements. The charge should read "5DollarHosting.com®", but depending on the bank may say "Mayers Enterprises, Inc.". If you are ever in doubt, call the number on your statement.

Because non-fraud-related chargebacks hurt the merchant and can cause them to incur substantial fees, we have adopted a very strict policy. In the event we receive a chargeback notification from our bank, the account in question, and all associated domains hosted therein, will be suspended immediately. A $29 re-activation fee will be assessed for any domain restored when service was suspended due to a chargeback. The account will only be reinstated after a bank check, money order, or other secured form of payment has been received for both the amount of the original transaction and the re-activation fee. The account will also be placed on "money order/bank check" status, and future credit card transactions will not be accepted.

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CANCELLATION
Clients wishing to cancel or non-renew an account must request cancellation via their ClientCenter account. That is the only acceptable means of closing your account. The following conditions apply depending on the age of the account:
  • New accounts cancelled within the first 30 days of service (initial contract only) are entitled to and will receive a full refund.
  • New accounts which are more than 30 days into a contract, but less than 90 days from the transaction will be entitled to a pro-rated refund, minus an Early Termination Fee of $25.
  • Existing accounts cancelled prior to the renewal date will not be re-billed.
  • Existing accounts cancelled within 48 hours of the renewal transaction shall be entitled to a full refund of the renewal fees
  • Existing accounts cancelled more than 48 hours after the renewal transaction, but less than 90 days from the transaction, shall be entitled to a pro-rated refund minus an Early Termination Fee of $25.
  • Resellers only: Resold accounts are excluded from the 30-day guarantee for the initial contract, therefore the Early Termination Fee of $25 applies to all resold account cancellations up to 90 days from the original transaction
  • Cancellations of any account received more than 90 days from the original transaction shall not be entitled to a refund of any kind.
The only acceptable method of cancellation is via your ClientCenter account. Requests to close your account that are sent by email, telephone, postal mail or by a 3rd party will not be honored. This is for the security and protection of the account owner.

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CONTACT INFORMATION
We can be reached via phone toll-free at (877) 838-HOST (4678)*, or (321) 504-0209. Our fax number is (321) 504-6319. You may reach us by email at info@5DollarHosting.com® (general or sales inquiries) or visit our on-line Assistance Center for technical support, billing or other assistance. We are the point of contact for all inquiries regarding your service. It is agreed by virtue of your acceptance of these Terms and Conditions that any and all litigation shall take place in the jurisdiction of the corporation (state of Florida).

* Telephone support is not provided as part of our services. The contact telephone number is to our sales & general information office. Technical and Billing support is provided solely via the Assistance Center. See our Support Policies page for more information.

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CONTENT
We do not control, modify or screen the content of any client sites, except to ensure that the content is not in violation of our Terms. The data you upload can and will be reviewed by both automated computer analyzers and employees of 5DollarHosting.com. The following is a summary of content that is prohibited, and may not be uploaded to a client account at any time:
  • Adult-oriented material, pornography, or obscenity; or links to such sites
  • Sites which sell sex-related merchandise of any kind (videos, books, adult novelties, etc), or links to such sites
  • Sites which contain text, depictions, drawings, and/or images which are construed as 'Hate speech' or sites with any links to other hate speech pages/sites.
  • Hacker/Cracker tools, or sites with links to them.
  • Spam tools, programs or scripts for sending anonymous bulk mail.
  • Listings of serial numbers or 'cracks' for commercial software, or links to such information
  • Pages with password lists for members-only sites (listings of passwords to allow entry into 3rd party sites), or links to sites with such information
  • "Warez" sites (containing illegal copywritten commercial software or links to sites which distribute it), or links to sites with such content
  • Download archives (shareware, MP3s, picture galleries, etc). Note: you may have files for download at your site. Your site may not, however, be placed on our servers if its sole purpose is to provide large amounts of software downloads.
  • IRCs, Chat Rooms, MUDs, etc. Also, software used in the maintaining of an IRC connection (daemons), 'bouncers', 'eggdrops' and the like are strictly prohibited.
  • Domain names that contain offensive titles, even if the content is not in violation of the TOS. (For example, we will not host "freehackertoolz.com" even if the site does not contain content in violation of the TOS.)
  • Local copies of form processing (form-to-mail) scripts are not permitted in any user account without the express knowledge and consent of 5DollarHosting.com®. These include Perl, PHP, ASP and CGI scripts that collect form data and send it via email. A secure shared version of FormMail is provided free of charge to all users. Any spam incident traced to an unauthorized script in a user account will result in suspension and/or termination of the account, and the possibility of a cleanup fee of up to $500 being assessed.
IN ALL CASES, 5DOLLARHOSTING.COM® SHALL BE THE SOLE ARBITER OF WHAT CONSTITUTES UNACCEPTABLE CONTENT.

VERY IMPORTANT
: Any site hosted with us where the above types of content are found may be summarily terminated without any compensation. In addition, we will forward contact information to the appropriate legal authorities and cooperate fully with them. We reserve the right to periodically re-evaluate this criteria and add to it as deemed necessary.

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DMCA COMPLIANCE
See our DMCA page for full information regarding the Digital Millennium Copyright Act.

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DOMAIN NAME REGISTRATION
We are pleased to partner with GNS Domains to provide discounted domain name registration services. Clients are responsible for registering their domain names, or transferring existing domain names to our service via the appropriate registrar.
As a courtesy, we have a list of many popular registrars and their specific procedures on our domain transfer page. The accuracy of that information is subject to change as the registrars may make changes in their procedures at any time. We provide the information as a courtesy only. We are also not responsible for delays in transfer of service due to difficulties with your registrar, improperly filled out forms, etc

In all cases, domain registration services are considered wholly separate and distinct from web hosting services provided by 5DollarHosting.com®, and we assume no responsibility for expired registrations, incorrect contact information, or the accuracy of WHOIS data. These and all other related registration issues are the sole responsibility of the domain name owner.

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LEGAL DISCLAIMERS
  • In the extremely unlikely event of prolonged downtime or loss of service, 5DollarHosting.com® shall not be liable for any incidental losses beyond any refunds due as stated in the Uptime Guarantee section. This includes, but is not limited to: loss of productivity, lost profits, or compensation for any inconvenience.
  • Although we take strong measures to ensure your data is safely housed and backed up daily, we cannot be held responsible for loss of data as a result of using the service. The client is strongly urged to make sure the web site content is backed up.
  • We make a concerted effort to ensure our clients do not violate our Terms of Service, but we cannot be held liable for any site's content other than our own. Issues of copyright, libel, or other dispute must be brought with the owner of the domain. See the DMCA section above for more information.
  • We will cooperate fully with any criminal or civil investigations. That includes turning over any and all data that may be in a client's account, personal/contact information, or other items that may be requested during such an investigation.
  • The content and design of www.5DollarHosting.com® is copywritten and may not be broadcast, distributed, copied or quoted without the express consent of the owners of 5DollarHosting.com®.
  • The phrase "...because it shouldn't cost a fortune to make a fortune!®", and the name "5DollarHosting.com®" are both registered Service Marks of Mayers Enterprises, Inc. and may not be used by any other party under United States Copyright law. See US Patent and Trademark office at www.uspto.gov. We will vigorously defend our trademarks.
  • We reserve the right to update, modify, or change the Terms of Service as needed at any time. Any substantial change of policy shall be communicated to all clients via email.
  • 5DollarHosting.com® shall be the sole arbiter of what is and is not a violation of these Terms and policies. In addition, 5DollarHosting.com® reserves the right to terminate an account at any time and for any reason that we feel is prudent and in the best interest of our company and community of clients. We also reserve our right to refuse to provide service to anyone for any reason deemed necessary in the course of our business..

    In the event of any litigation initiated by any party, said litigation shall take place in the State of Florida, County of Brevard.

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REFERRAL BONUS PROGRAM
For each new client sent to us by an existing client, a $5.00 account credit will be given. This credit may be used towards any future bill for renewal, add-ons or upgrades, or overage fees. Bonuses will not be credited for referral of additional domain accounts for yourself, or for purchase of multiple sites by the same user. One credit will granted per new client. This bonus may not be used for any other purpose except to be used towards fees at 5DollarHosting.com. It may not be exchanged for cash, nor included in a refund or cancellation. There is no limit to the number of credits that can be granted, as long as each is for a new client.

Referral bonuses are credited to the account no earlier than 30 days from the date of signup of the referred new client. The credit will be posted between the 31st and 60th day after the referral.

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RESELLERS
Specific terms and conditions that apply to our Resellers, above and beyond those specified on this page, can be found on our reseller page.

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SITE OWNERSHIP
5DollarHosting.com® makes no claim to the content of any client site. You are not obligated to display any advertisement or logo on your site. The data uploaded to our servers remains the property of the account holder as long as the account is in good standing.

Upon subpoena, criminal investigation, or other law enforcement request, we may turn over all or part of the data uploaded by the client as deemed necessary. Data uploaded should be considered publicly accessible.

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SPAM POLICY
While we recognize that email can be a useful tool for communicating with customers and vendors, we have adopted a strict anti-spam policy to protect our clients and our own business interests
  • "Spamming", or the sending of unsolicited commercial e-mail, from a 5DollarHosting.com® server or using an e-mail address or domain that is maintained on a 5DollarHosting.com® machine as reference is STRICTLY prohibited. 5DollarHosting.com® will be the sole arbiter as to what constitutes a violation of this provision.
  • If spamming is reported and verified, the account shall be removed from our servers without any notice and without any refund.
  • "Spamvertising", which is defined as unsolicited email prompting the recipient to go to a particular web site is also strictly prohibited, even if the message does not originate on our network. If the message advertises, solicits visits to, or promotes a domain we host, the user account will be terminated regardless of where the message was sent from.
  • If more than 1 verifiable complaint is receive about a domain hosted with us - even if the spam did not originate from our servers or network - we reserve the right to terminate the account without notice or refund
  • If a user's account is accessed by an unauthorized 3rd party for spamming due to the presence of an insecure form-to-email processing script, the account shall be terminated without notice or refund. We provide a form-to-mail processing script with every account, and the use of local versions is prohibited.
  • If you are using an "opt-in" list, make doubly sure that the user really opted in! Many commercial lists do not have good filtering and are in fact nothing more than a collection of harvested emails. Be very careful when using such a list. Requiring a confirmation before adding the user to your list will go a long way in preventing problems down the road
  • Use our built-in script for processing form input to email. We provide a form-to-mail processing script with every account, and the use of local versions is prohibited. If a user's account is used for spamming due to the presence of an insecure form-to-email processing script, the account can be terminated without notice or refund, and a cleanup fee may be assessed.
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TERMINATION
For information on Cancellation, please see above section.

We reserve the right to terminate a client site and/or account for any of the following, including but not limited to:
  • Any illegal activity conducted from the client site/account
  • Posting of any prohibited content as indicated in the "Content" section above
  • Violation of our spam policy
  • Attempts to breach any other member site’s security or access areas of the server not within the client's own account
  • Any other malicious or damaging activity originating from the client site/account (i.e. virus attacks, email bombs, etc), whether or not it was performed with the knowledge of the client.
  • Allowing the client's account to become compromised by sharing password/login information, poor security practices, or the use of 3rd-party software with vulnerabilities
We will cooperate fully with all authorities in any investigations that result from activity at a member site. Any client whose account has been terminated for a Terms Of Service violation shall not be entitled to any refund whatsoever.

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UPTIME GUARANTEE
We share responsibility for service uptime with the Network Operations Center operator, and we will refund monthly fees on a pro-rated basis for any outage of 24 hours or longer. Our uptime guarantee is 99.5% or better, averaged over the course of the month. Issues affecting delivery of your web content that are beyond our control are not considered to be eligible for the guarantee. These may include, but are not limited to:
  • Problems with your ISP, local network, router, or equipment that prevent your site from loading where you are.
  • Outages of network apparatus outside our Network Operations Center including routers, fiber, switches, etc not owned or operated by us.
  • Large-scale internet problems such as Denial of Service attacks, virus outbreaks, or other slowdowns or interruptions that affect the general Internet population and are not limited to our NOC
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USAGE RESTRICTIONS
  • The client may not share, resell or sub-lease any portion of the storage space or bandwidth obtained from 5DollarHosting.com® (with the exception of our Resellers)
  • Clients are responsible for ensuring the content uploaded does not violate our Terms (see Content above)
  • Clients assume responsibility for ensuring the safety and security of any 3rd-party software installed in their accounts. 3rd-party software is defined as any script or program not provided by 5DollarHosting.com as part of the client account.
  • We reserve the right to terminate any runaway processes, and/or lock out scripts or programs for security or other purposes as may be necessary to ensure the stability and safety of our shared web server environment.
  • Sites hosted by 5DollarHosting.com® may not partake in or transact any illegal activity. This contract shall be governed by the laws of the State of Florida, the State of Maryland, and the laws of the state/province of the client.
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Terms and Conditions