|
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
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.
Top
ADDITIONAL
SERVICES
A list of optional additional services is available on our SimplePlan
page, along with any associated costs.
Top
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 Advance
Notice and all billing communication will be done via email only.
Top
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.
Top
CANCELLATION
Clients wishing to cancel or non-renew
an account must use the Cancellation
Request form located on our website. 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 form of cancellation
is the use of our Cancellation
Request form. 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. To
cancel your account you will need to provide certain identifying
information which will verify your authority to close the account.
Top
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.
Top
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.
Top
DMCA COMPLIANCE
See our DMCA page
for full information regarding the Digital Millennium Copyright
Act.
Top
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.
Top
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.
Top
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.
Top
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.
Top
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.
Top
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.
Top
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.
Top
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
Top
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.
Top |
