Host Geeks Terms of Service (“TOS”)
Last Updated: November 17, 2020
Please read on to learn the rules and restrictions that govern your use of the Host Geeks website(s), products, services, and applications (collectively, the “Services”). Host Geeks provides web hosting and web design services. You, the “User” agree to all terms set forth herein without limitation and therefore should read these terms carefully.
III. Basics of Use
Users agree when using or accessing Host Geeks LLC services to abide by the terms and conditions set forth herein.
User represents and warrants that User is of legal age to form a binding contract (or if not, User has received parent or guardian permission to use the Services and gotten the parent or guardian to agree to these Terms on User’s behalf). If the User is agreeing to these Terms on behalf of an organization or entity, User represents and warrants that User is authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “User” and “User’s in these Terms, except for this sentence, refer to that organization or entity).
Users will only use the Services in a manner that complies with all laws that apply. If User’s use of the Services is prohibited by applicable laws, then User is not authorized to use the Services. Host Geeks cannot and will not be responsible for User’s using of the Services in a way that breaks the law.
User agrees to follow the Acceptable Use Policy of any network user connected to, including Host Geeks system. You agree that acceptance of the Host Geeks Terms does not constitute acceptance of any other applicable policies, including but not limited to, Apple, Google, your healthcare provider, Internet Service Provider, or any other third-party relating to the use of the Services. You agree that you are accepting only the Host Geeks’ Terms.
User agrees and represents that User complies with all additional terms and conditions, including those of outside entities such as Apple, Android, Google, or others.
Neither Host Geeks nor its Information Providers are responsible for any damages arising from User's use of Host Geeks or by User's inability to use Host Geeks LLC service.
From time-to-time the Services may face outages, bugs, issues, or other problems that may interfere with your use of the Services. Factors that may affect the availability, quality, and overall functioning of the Services includes software, hardware, communication networks, cellular or WiFi network connectivity, other third-party factors or Host Geeks Services themselves
IV. Restrictions on Use
User hereby agrees that any material submitted for publication on Host Geeks through the User's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. User's may not host any hardcore adult content or porn websites on our shared, reseller servers. Software intended to facilitate any such violations or infringements may not be stored on Host Geeks. Users may not utilize the Services in a way that violates the security of any computer network or cracks any passwords or security encryption codes. Users may not post content which is harmful, fraudulent, threatening, harassing, defamatory or otherwise objectionable.
Users are expressly prohibited from utilizing the Services to offer any of the following kinds of FREE services but are not limited to; Free Web hosting services, Free email services, Free blogging services, Free home pages, Free image hosting, Free trial accounts. If User violates this provision, Host Geeks may suspend your account immediately, with or without notice, and in Host Geeks’ sole, final, and binding discretion.
File hosting and file storage of any type is strictly prohibited on any and all reseller, shared and hosting servers. You MAY NOT use your hosting with Host Geeks LLC as a download or file storage repository. Our services are strictly offered for website hosting only. This does NOT mean that you can not have downloads on your site. This means you can not operate a site that specializes in downloads like Download.com or similar and you may not use your account as a storage repository for MP3, games, video, photos, images, audio or music files or as a backup storage facility.
The following violations of "netiquette" are grounds for immediate suspension of service pending investigation by Host Geeks and will result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic.
a. Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., 20 or more) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).
b. Sending unsolicited mass e-mailings which provoke complaints from the recipients.
c. Engaging in either of the above from a provider other than Host Geeks and using an account through the Services as a mail drop for responses, or advertising a web site hosted by the Services.
d. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by Host Geeks.
e. Impersonating another user or otherwise falsifying one's user name in email, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
f. Host Geeks LLC prohibits IRC and associated programs, including psybnc, "bots", etc., scripts commonly used for abuse, attacks, or flooding threatening, harassing, or obscene content and any proxies which do not require authentication, including open mail proxies, unprotected anonymous web surfing proxies.
V. Limitations on Resources
Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to clean up and respond to complaints incurred by Host Geeks LLC.
Users agreed to not purposely utilize excessive amounts of resources other than necessary. Any violations may result in us taking corrective action in order to maintain server stability by killing any processes, disabling and/or suspending your account without further notice to you.
Users may not use more than 100% CPU out of 1 CPU Core and the usage is limited to 1 CPU core, 1GB memory, 1024/Kbps IO - Read & write operations, no more than 100 NPROC - Processes or no more than 20 Entry Process. Cron jobs must not execute more than once every 30 minutes unless specified by the script provider and will be niced to 15 or greater. Each user account may not send more than 300 emails per hour.
If it is determined that a customer's account is overusing the system resources, we may temporarily suspend the account to prevent the server from experiencing any issues, resulting problems to other valued customers. If it is determined that the account is not suitable for the shared or reseller server environment, a notice will be sent to the customer providing them alternative solutions such as a Premium Hosting Plan with high resources, VPS or a Dedicated Server. Host Geeks reserves the sole right to determine whether an activity constitutes a violation of this provision and Host Geeks reserves the right to make adjustments to these limits at our sole discretion and without prior notice to the User.
All unmetered dedicated servers and virtual private servers are installed on hundred mbps shared bandwidth ports, unless service is sold as a specified port size or specified/requested as a capped port. Host Geeks reserves the right to monitor network usage, and if a User significantly exceeds average usage, to throttle the available speed to conserve network resources. This will generally not include short spikes in usage, but will include, but not be limited to, sustained transfers of significantly larger than average amounts of bandwidth. If at any time any client's data transfer rate affects other Host Geeks clientele, Host Geeks reserves the right to throttle the service causing such a problem without prior notice to the User.
The use of more than 50,000 inodes on any cPanel account (single user) may result in automatic warning on cPanel > Stats > inodes. There will be no service interruption at this stage but if no action is taken to reduce the inodes, service interruption may take place once a user reaches 150,000 Inodes. Accounts found to be exceeding the 150,000 inode limit will automatically show resource exceeded message and may be suspended if no action is taken to reduce the inode count. Virtual private servers have a server wide limit of 5 million and there are no per cPanel user limits. Users with reseller plans have a reseller wide limit of 1 million inodes in addition to the per user limit, however this reseller limit is not something we actively enforce and it will only become an issue if a reseller is causing problems for other resellers on the server. If a reseller's inode usage is in between 5 to 10 million inodes we may request the reseller to upgrade to a dedicated server or provide adequate time to resolve the inode usage, if no action is taken by the reseller, the account may be suspended. Budget resellers have a per user limit of 50,000 inodes and a 250,000 reseller wide limit of inodes. If this limit is exceeded, we may request the budget reseller to upgrade to a normal reseller plan or provide adequate time to resolve the inode usage, if no action is taken by the budget reseller, the account may be suspended.
Every file (a web page, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files or resellers with millions of files that cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
Host Geeks performs daily or daily and weekly backups on all of our servers to ensure critical files are never lost. Our daily and weekly backups are created for accounts that are under 20GB and 150,000 Inodes. These limits apply to each cPanel user individually. Furthermore, Host Geeks does not guarantee this feature to any of the clients, and therefore strongly advise the client to regularly perform a backup of their own data, hosted with us.
We highly encourage our customers to have their own separate backups if your website or data is critical to your business or livelihood as no backup method is failsafe.
In the unfortunate event that the client has lost their data hosted with Host Geeks, will use reasonable endeavors to restore the client's data; however Host Geeks will not be responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups or any data loss due to faulty hardware.
VII. Disclaimer of Warranty
Host Geeks is provided “as-is” and “with all faults.” Host Geeks disclaims all warranties and representations, either express or implied, with respect to the Services, all App Store applications, websites, or other media, the content within, your user account, any interaction related to the Services, and any communications made by the Services made by the Services and third-party platforms.
Host Geeks disclaims all warranties of merchantability, fitness for a particular purpose, quality, reliability, non-infringement, title, compatibility, performance, availability, safety, security, or accuracy regarding the Services. You acknowledge and agree that the use of the Services is entirely, or to the maximum extent permitted by the applicable law, at your own risk
VIII. Mutual Respect
At Host Geeks, we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from all Users. If our staff feels that a User is consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, the User's account(s) may be suspended. Although Host Geeks does not wish for this to occur, in the event that we terminate service for abusive conduct, customers will be given five (5) days’ notice. Host Geeks will issue a refund only for the unused prorated portion of pre-paid service.
Abusive conduct includes, but is not limited to, the following behaviors:
a. Repeatedly addressing members of our staff in a demeaning or rude manner. Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to email, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol, or in-person communication;
b. Yelling or shouting at our staff;
c. Deliberately using all capital (uppercase) letters in any written communication to our staff;
d. Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or
e. Deliberately providing false information to our staff for the purpose of delay, harassment, abuse, or other improper purpose.
Payment Issues: User agrees to pay Host Geeks all charges relating to the use of User's account(s) according to rates and prices stated on said sales order at the time of commencement and otherwise in accordance with the agreement between the User and Host Geeks.
User is responsible for charges at the time the service is used and Host Geeks may apply the amount due to Host Geeks from User's provided credit or debit card at any time.
Host Geeks reserves the right to suspend access to service for User's account(s) for nonpayment and other failures relating to and arising out of credit problems including delinquent payments or rejection of any credit or debit card charges.
Credit Card payment: If User chooses to pay for services by credit card, User grants Host Geeks the right to charge payments to that card on each due date. Customer further agrees not to challenge or dispute any charge representing hosting payments. Host Geeks reserve the right to cancel all Services immediately and without further notice if payment is disputed. Host Geeks also reserves the right to pursue legal action, including filing a lawsuit, for fraudulent disputes or other nonpayment claims without proper or reasonable basis in law or fact.
Non-Payment: All web hosting payments are due in full on the monthly anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of these terms. Failure to remit payment for five (5) consecutive days, including the anniversary date, may result in suspension of customer services. Failure to remit payment for services within seven (7) consecutive days, including the anniversary date, may result in termination of access to the service network and all services shall be reclaimed. All customer data remaining after fourteen (14) days of non-payment will be destroyed for security and privacy reasons and cannot be recovered.
All Dedicated Server and Virtual Private Server payments are due in full on the monthly anniversary date. If full payment has not been received within three (3) consecutive days, including the anniversary date, suspension of public access to customer services may be incurred. Failure to remit payment for services within five (5) consecutive days, including the anniversary date, shall result in termination of access to the Services.
Payment Reminders: Host Geeks’ credit card processor will remit payment for all recurring orders, for services on the monthly anniversary date. It is the User’s responsibility to make sure the sufficient funds are available on their credit card payment account. It is the User’s sole responsibility to make sure that dues are paid on time and the email address on file is working and allowed to receive reminders from Host Geeks. Once a payment reminder dispatched from Host Geeks. it is considered as a valid payment reminder.
Host Geeks does not take any responsibility for non deliverable email addresses or email sent by Host Geeks which fail to reach the User, including but not limited to emails redirected to spam filters or failures caused by network issues. For the first day after payment should have been made; you will receive a payment reminder notice that states you must update your credit card and pay your invoice. The third day and the fifth day, second and third payment reminders will be sent to Host Geeks. From the seventh day customer services may be suspended temporarily for non-payment.
X. Public Feedback
Host Geeks has a zero tolerance policy for posting negative feedback on any public locations about our company and/or our employees before submitting a ticket to our "Suggestions & Complaints" Department to discuss your issue. Failure to abide by this prerequisite will result in immediate account termination without any refund and without prior notice to the User.
We have the utmost respect for all of our clients, and are more than fair with all of our clients. We will do anything and everything possible to keep all of our clients satisfied. But in the unlikely event you are not satisfied, all that we ask is to discuss your issue with our Complaints Department first.
Without waiving any of its other rights under this Agreement, Host Geeks offers to its Users a 30-day money-back guarantee on fees for hosting services. If for any reason you cancel your account within thirty (30) days starting from the day Host Geeks dispatches your welcome email including your account information or the day you place the order with us, whichever comes first. Host Geeks will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 30-Day Guarantee.
If you have ever previously obtained a refund under the 30-Day Guarantee, your account will be canceled and no money will be refunded to you.
Changes by the User to the Host Geeks Services, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies to your first order of Web hosting services from Host Geeks and does not apply to any changes to your service at any time.
Our refund policy does not apply to any additional items or services, including but not limited to Domain Registration, Domain Parking services, dedicated servers, virtual private servers and overage fees.
Customers may voluntarily cancel their account at any time, with or without reason, by requesting a cancellation from your members area at www.hostgeeks.com > Services > My Services > Product/Service > View Details > Management Actions > Request Cancellation. Host Geeks LLC requires a five (5) day cancellation notice prior to the anniversary billing date for discontinuance or downgrades of month to month services. Failure to supply the requisite five (5) days will result in a full billable monthly cycle prior to cancellation. All due amounts must be settled in full before we cancel the customer account. Customer understands and agrees that Host Geeks LLC does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable, unless stated otherwise under our any 30 day money back guarantee.
All cancellation requests must be made directly via www.hostgeeks.com. Cancellations requests are not accepted by email, postal mail, by phone or via the help desk (hostgeeks.com/submitticket.php). If a customer canceled a recurring order by contacting any 3rd parties, we will consider it as an account cancellation request. In such cases, Host Geeks reserves the right to terminate the customer account with immediate effect without any prior notice.
XIII. Changes to this Agreement
Host Geeks LLC may modify these terms and conditions upon notice published online via Host Geeks LLC. At any time any part of the Services may be discontinued, altered, suspended. Additionally, new features may be added.
Host Geeks reserves the right to make adjustments to the Services and to do so without prior notification. While notification will be provided to the best of Host Geeks’ ability, it cannot be guaranteed. Agreeing to use the Services constitutes acceptance that the Services may be altered.
User's use of Host Geeks LLC services after such notice shall constitute user's acceptance of the modifications to this Agreement. This agreement, User account, contract, and billing will automatically renew unless cancelled in writing prior to the renewal date.
If the Terms evolve so that you no longer agree with them, you are required to reject them and discontinue use of the Services immediately. If you use the Services in any way after a change to the Terms becomes effective, your use of the Services will constitute a complete acceptance of all Terms as of date of your use.
Terms may not be altered by you, unless expressly agreed to in writing and signed by both you and us. Use of the Services prior to the signed agreement constitutes an acceptance of the Terms as they are provided to you without your intended alterations. Host Geeks does not guarantee nor warrant that any proposed alteration by you prior to your use will be accepted
User agrees that Host Geeks will not be held liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, arising from the User’s access to or use of Host Geeks or the inability of User to access Host Geeks services. User agrees that Host Geeks will not be held liable for the conduct of the User during utilization of Host Geeks’ services and agrees to indemnify Host Geeks LLC in any claim, dispute, or other matter in which Host Geeks may be named a defendant or party.
Service Level Agreement
Host Geeks offers a 99.9% Uptime Guarantee. Your web server is guaranteed operational 99.9% of the time in any calendar month. Host Geeks guarantees 99.9% service uptime allows for 45 minutes of unscheduled (HTTP) service outage per month as defined here. For each additional 45 minutes of downtime you will receive 10% credit or refund. Regardless of the number of outages, all refunds are limited to one month's hosting service fees and do not include excess usage fees or other nonstandard recurring charges.
The amount of the credits owed as a result of Service outage is determined by the following table, based on the amount of server uptime for the month in which credits are requested.
|SERVER UPTIME FOR THE MONTH||CREDIT|
|99.0 - 100%||0% credit|
|99.7 - 99.8%||10% credit = 3 days|
|99.5 – 99.6%||25% credit = 8 days|
|99.3 – 99.4%||50% credit = 15 days|
|99.0 – 99.2%||75% credit = 23 days|
|98.9% and below||100% credit = 1 month|
Host Geeks will not be held responsible for Service Outages resulting from non-Host Geeks LLC operated equipment including, but not limited to, Internet NAP failures, upstream network outages or congestion and backbone failures. Additionally, Host Geeks LLC will not be held responsible for delays in the registration or transfer of a domain due to InterNIC-related issues, unscheduled outages, web site specific outrages and outages resulting from malfunctioning customer scripts or applications that are installed by the customer, or for unusual traffic spikes or "denial of service" attacks on customer web sites.
Hybrid services, colocation services or renting out rack space, cloud servers, services under bare metal environments such as dedicated servers and virtual private services does not qualify for any credit under this server uptime guarantee. Refunds will be issued upon request by the customer and upon determination that a service outage, as defined by this guarantee, has occurred. To be eligible for a refund, the refund request must be made to the Billing Department at the end of the month for the current month (last day of the current month) or within the 1st week of the month for the previous month.
We are so confident about our service that we back it with our 30-day unconditional money-back guarantee. If our services do not exceed your expectations, we will refund your money immediately. No forms to fill out, no questions asked.
You can request for a refund along with the account cancellation. To get a full refund briefly describe your reason for cancellation and mention "full refund" within the comment box during account cancellation.
Refunds are handled within 24-48 hours of receipt of cancellation - no questions asked!
Our refund policy does not apply to any additional items or services such Domain Registration, Domain Parking services, dedicated servers, virtual private servers, Addon Services (below), and overage fees. Any accounts terminated due to Terms of Service violations do not qualify for refunds under our 30-day money back guarantee.
For more information, see our Terms of Service above.
Refund does not apply to:
- OX App Suite
- VPN from SiteLock
- Email Security by Spam Experts
- Marketgo SEO tools
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