hostnicer.com, www.hostnicer.com is operated by SEMO Creative Inc.
This Terms of Service Agreement (this “CONTRACT”) is entered into by and between SEMO Creative Inc. (hereinafter Hostnicer) and the applicant, You (hereinafter CLIENT), and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.
The terms “we”, “us” or “our” shall refer to Hostnicer. The terms “you”, “your”, “Client”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with any policies and the applicable product agreements.
Acceptance of terms of service:
CLIENT agrees that it shall defend, indemnify, save and hold Hostnicer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, asserted against Hostnicer, 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 Hostnicer against liabilities arising out of;
- any injury to person or property caused by any products sold or otherwise distributed in connection with Hostnicer;
- any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement and
- any defective products sold to customers from Hostnicer server.
Service offered on the website by Hostnicer and related electronic services can only be used for legal purposes under all federal, provincial, state and local laws.
CLIENT’s rights and privileges cannot be sold or transferred without the written consent and approval from Hostnicer Thirty (30) days in advance. If CLIENT sells advertising to a third party the CLIENT will be held responsible for the content of that advertising and the actions of that third party.
Hostnicer will use its best efforts to maintain a full time 24/7 Internet presence for CLIENT. Hostnicer intends to provide the best possible web hosting service to each of its CLIENT. Hostnicer is also dedicated to staying abreast of new and available technologies that will better serve our CLIENT. However, due to changing technologies, changing laws and the individual and collective needs of our CLIENT, Hostnicer reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
Hostnicer reserves the right to refuse service and cancel a CLIENT account at any time.
Interruptions in Service
Hostnicer is not liable for any errors or interruption in service, whether within or outside of Hostnicer’s reasonable control. CLIENT understands interruptions may or may not occur and CLIENT will hold Hostnicer free and harmless from any damages incurred in any event of any time of loss. Service may be temporarily unavailable for scheduled maintenance, either by Hostnicer or by third-party providers, or because of power interruptions or other causes.
CLIENT will receive passwords to be used when you log into Member Area, Server and/or certain Services. You are solely responsible for all passwords. You must keep all passwords confidential and take security measures to prevent any person from gaining access to them. Hostnicer will fully co-operate with law enforcement authorities in the detection and prosecution of illegal activity.
CLIENT is expected to be familiar with and to practice good Internet etiquette (Netiquette). CLIENT will comply with the rules appropriate to any network to which Hostnicer may provide access. CLIENT should not post, transmit, or permit Internet access to information CLIENT desires to keep confidential. CLIENT is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Hostnicer by offended users. CLIENT will indemnify Hostnicer and hold Hostnicer harmless from any damage to Hostnicer’s business, service, equipment, network(s) operations, or reputation resulting from CLIENT’s actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the iHostnicerediate termination of your account. Hostnicer has the right to refuse service if CLIENT content of information provided is deemed illegal, unethical, misleading, contains child pornography, bestiality, promotion of illicit drugs, hate groups or literature by CLIENT and/or CLIENT’s third-party. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.
Hostnicer does not normally monitor the contents of clients servers, however, if suspicion occurs, Hostnicer reserves the right to investigate and terminate the CLIENT account subscription to the service.
Shared hosting account holders may not act as a reseller, which means that clients may not host any websites in their addon domains that are not domains owned by the CLIENT on record at Hostnicer. The use of a hosting account as a backup/storage device is not permitted. Do not back up the content of your local computer to our servers. All content stored on the server must be publicly accessible via the website.
Examples of unacceptable material on all hosting plans include: Email Marketing, Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce, Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Large collection of MP3 files and/or DVD/CD ISO, Image Files, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest, Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PBBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro, Push button mail scripts, Broadcast of Streaming of Live Sporting Events, Anonymous or Bulk SMS Gateways, Bitcoin Mining, PayDay Loan Site.
CLIENTS who provide the above-mentioned content are in breach of the contract. Hostnicer may terminate service without notice and without any refunds of the CLIENT’s unused pre-paid portion of funds.
The following are restrictions on shared hosting plans:
Taking up more than 20% system resources for more than 90 seconds. Numerous activities can cause this such as CGI scripts, FTP, PHP, HTTP, MySQL, etc, Running unattended standalone server-side daemons such as IRCD, Running any scripts (web spider) which indexes websites, Running any BitTorrent application, tracker, or client. You may link to torrents off-site, but may not host or store, Running any file-sharing/peer-to-peer activities, Running any game servers such as Counter-Strike, Half-Life, Battlefield 1942, etc, Running any cronjobs less than 15-minute intervals. Hostnicer will be the sole and final arbitrator as to what constitutes as a violation of this policy. CLIENT have access to their Resource Usage within their control panel.
Backups and Data Loss
The backup service is provided as a courtesy to our shared hosting CLIENT. All hosted accounts are backed up by Hostnicer Third-party on daily basis on random time and each backup is retained for 24 hrs overwriting any previous backups made. Hostnicer makes no guarantees about the daily backups, and require a $50 fee to restore the backups.
Hostnicer will not be responsible for files and/or data residing on your account. It is the responsibility of the CLIENT to keep up-to-date archives of their backed up data. Hostnicer does not provide or keep records or copies of our client’s website files for customer use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.
Uptime guarantee for a shared hosting plan is 99.9%. Downtime is the unscheduled interruption of the network or server, which causes website unavailability. Downtime is counted every full calendar month.
Scheduled maintenance or downtime due to the customer’s fault, domain expiration, or DDoS attacks are not counted against the Uptime Guarantee policy.
To request a credit, you must submit a support ticket within 3 days of the downtime that includes justification. Credit approval is solely made by Hostnicer and depends on the justification provided. Third-party monitoring service reports may not be used during the justification process for a variety of reasons, including the monitor’s reliability. Credits are given (3 credit) to the CLIENT Account and credit request can are limited once a month.
UCE/UBE or “Spam” originating from a server located on our network or associated with Hostnicer or Hostnicer Third-party server is not tolerated. This includes any e-mail that promotes websites hosted on a server located on the Hostnicer network but is sent from an e-mail address not associated with that Hostnicer account. CLIENT shall not use their Hostnicer services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Hostnicer reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. Hostnicer reserves the right to terminate services without any refunds of the unused portion prepaid by CLIENT when CLIENT is in violation of “NO SPAM” policy. Hostnicer will also fine the individual $500.00 per SPAM incident.
Warranty and Assumption of Risk
CLIENT uses Hostnicer services at CLIENT’s own risk. Hostnicer makes no warranty expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. Hostnicer shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. Hostnicer has no control whatsoever and shall not be responsible to CLIENT for the content of any website or for the content of any third-party material passing through or associated with CLIENT’s website, some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.
The term of Contract, Termination, and Renewal
All contracts are on a recurring basis. CLIENT shall pay Hostnicer recurring fees (hereinafter “Recurring Fees”). Pre-payment of recurring fees is due by the time stated on Hostnicer’s invoice. Amounts past due may result in the termination of the CLIENT’s account. Taxes, special services and third-party charges will be stated separately on the invoice. CLIENT shall pay all taxes, fees, and governmental charges. Hostnicer may change prices without notice and it is the CLIENT’s responsibility to check the website for updates. Grandfathered accounts will not be affected. CLIENT shall pay all taxes, fees, and governmental charges. Hostnicer may change prices without notice and it is the CLIENT’s responsibility to check the website for updates.
All cancellations by CLIENT of service or changes in service must be done in writing to Hostnicer. It can be done by email (email@example.com) or Support ticket. 30-day money back guarantee is offered on shared hosting plans. If cancellation is requested within 30 days of initial setup date, then the full hosting fees will be refunded. After 30 days of cancellation, there will be no refund on the account. The following methods of payments are non-refundable, and refunds will be posted as a credit to the hosting account: bank wire transfers, Interac Email Transfers, cheques, and money orders. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the legal agreement will waive the refund policy.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the legal agreement will waive the refund policy. If CLIENT breaches any part of this contract and Hostnicer has to engage the services of an attorney, the CLIENT will pay any and all of Hostnicer reasonable attorney fees and court costs.
All CLIENT fees are due in advance of the first day of the relevant term. The amount due may be adjusted by addition of Services, Upgrade of Services, discontinuance of services or downgrade of services and through the use of any credits applied. The fees for additional or upgraded services for which the “Order” is accepted will be due on the anniversary billing date will be pro-rated on a calendar day basis to the next Anniversary Billing Date and billed as a one-time pro-rated charge. All fees will be due for the following renewal terms until service cancelled. In the event that a customer does not pay service fees by the Renewal Date, CLIENT will be assessed a fee of $20.00 and must be submitted within 7-days of the CLIENT renewal date. At the end of 7-days, services including Web Hosting Servers and Data will become inaccessible and will automatically be reclaimed.
Non-Refundable Services: all service upgrades, account credit and plan renewal services purchased from the Members Area; all 1-year or multi-year domain/SSL registration or transfer services purchased at sign-up or from the Members Area.
All domain registrations and domain transfers are final, do not include any money-back guarantee and will be subject to a fee that is calculated on the basis of the actual NON-PROMOTIONAL annual price of the purchased domain’s TLD, multiplied by the number of years of registration or transfer.
30-day money back guarantees will not include the cost of the non-refundable services (if any) that have been purchased with the Customer’s web hosting plan upon sign-up (i.e. the Customer will be issued a partial refund on the original transaction if he/she has purchased non-refundable services within the web hosting account). A below table containing the annual NON-PROMOTIONAL prices of all domain names offered by Hostnicer.
|tld||min/max period of registration @ min period price|
|.com||1-5 years @ $15.00 per year|
|.net||1-5 years @ $15.00 per year|
|.ca||1-5 years @ $30.00 per year|
|.org||1-5 years @ $25.00 per year|
Limitation of Liability
In no event shall Hostnicer be liable for any indirect, incidental, punitive or other consequential damages (including, without limitation, lost profits and damages related to corruption or deletion of website contents, email data and or database contents) arising out of or in relation to this agreement or your use or inability to use Hostnicer. Services (including, but not limited to, inoperability of Hostnicer. Servers), regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Hostnicer has been advised of the possibility of such damages. In no event shall Hostnicer. Maximum liability exceeds the total amount paid by you to hostnicer for the services during the prior twelve (12) months. To the extent, the applicable local law does not allow the limitation of liability for consequential or incidental damages, hostnicer. Liability is limited to the extent permitted by law
Hostnicer reserves the right to revise its policies at any time without notice