This is Web Hosting Agreement (this “Agreement”) also referenced as the Terms of Service (the “TOS”), is between HostMines, a division of Plax Corporation formed under the laws of the Gujarat, India (HostMines ) and the person (individual or legal entity) whom purchases HostMines service and agrees to the Terms of Service during the set up process (the “Order”) incorporating this Agreement by reference (“Customer”). This Agreement governs Customer’s use of HostMines Web hosting service.
Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of HostMines credit approval requirements, HostMines agrees to provide the web hosting services described in the Order for the fees stated in the Order.
The initial service term of the Agreement shall begin on the date that HostMines generates an e-mail message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for the same length as the Initial Term (each a “Renewal Term”) unless HostMines or Customer provides the other with a cancellation request from HostMines https://manage.hostmines.com/ prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”
(a) Recurring Fees
Renewal notices are emailed 30 days before the actual renew date in your account. We do not store customer’s credit card on file so you have to manually pay for renewal invoice(s) before it’s due. If your billing method is Paypal you will need to manually pay your invoice every month/year or paypal subscribe. All payments submitted for services are non-refundable outside of our 30 day refund policy. Service will be made inactive on accounts that are not paid by the 7th day past due. The term “Account” describes all services provided to a customer as defined by the primary ownership email and physical address. HostMines reserves the right to revoke this grace period if a pattern of late payment is observed or if your payment method is listed as other. Any accounts made inactive for non-payment are subject to a 15% late fee. Any accounts terminated due to non payment are subject to a $50.00 restoration if backups are available. We do not keep backups for long time so make sure to renew your account on time.
(b) Payment Terms
For your convenience HostMines offers multiple payment terms. All the hosting payments to HostMines are non refundable after the first 30 days of service. Within the first 30 days of a Annual/biannually/triennially i.e 1 Yearly, 2 year and 3 year paid service you may request to change billing cycle for your next renewal invoice. Prior to paying a renewal invoice and before your renewal date you may have your payment terms changed at no additional charge. If you wish to cancel a package prior to its renewal date, there is no refund for the remaining amount. Any cancellation as the result of a violation of our TOS or AUP will be non-refundable.
(c) 30 Day Money Back Guarantee
All new HostMines Customers are eligible for a 30 day money back guarantee on all shared hosting packages, excluding VPS, Dedicated Servers, Domain Name Registrations and SSL Certificates. The definition of a new customer is one who has never purchased services from HostMines in the past. Also if a customer purchases a 2nd, 3rd, etc. hosting package and wishes to cancel this particular package they are not eligible for a refund. If the TOS/AUP agreed upon when ordering has violated this voids your eligibility for the 30 day money back guarantee. HostMines reserves the right to deny the refund if we feel abuse of services has occurred.
(d) Cancellation Request
Cancellation request must be submitted to the billing department from login to HostMines client area from https://manage.hostmines.com/. Make sure before you do this, you should have a website backup. Once the account is terminated, all your data will be deleted from the server.
The customer agrees to use the service in compliance with applicable law and HostMines Acceptable Use Policy (the “AUP”), which is hereby incorporated by reference in this Agreement. Customer agrees that HostMines may, in its reasonable commercial judgment consistent with industry standards, amend the AUP and TOS from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services. Amendments to the AUP and TOS are effective on the earlier of HostMines notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with HostMines reasonable investigation of any suspected violation of the AUP. In the event of a dispute between HostMines and Customer regarding the interpretation of the AUP, HostMines commercially reasonable interpretation of the AUP shall govern.
5. Disclaimer of Warranties
HOSTMINES DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW HOSTMINES DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
6. Limitation of Damages.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF HOSTMINES AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE.
IF ANY LAWSUIT OR ARBITRATION OR OTHER LEGAL PROCEEDING ARISES IN CONNECTION WITH THE INTERPRETATION OR ENFORCEMENT OF THIS AGREEMENT, HOSTMINES SHALL BE ENTITLED TO RECEIVE FROM THE OTHER PARTY THE COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES INCURRED IN CONNECTION THEREWITH, IN PREPARATION THEREFOR AND ON APPEAL THEREFROM, WHICH AMOUNTS SHALL BE INCLUDED IN ANY JUDGMENT THEREIN.
(a) Suspension of Service.
The customer agrees that HostMines may suspend services to Customer with or without notice and without liability in case of any AUP violation.
HostMines reserves the right to terminate the Agreement or deny services at any time with or without notice and without liability. The Agreement may be terminated by the Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if HostMinesfails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. Termination in this manner does not absolve the customer of any required payments remaining on their initial or renewal term. The Customer may also terminate this agreement as per Section 4 and Section 6 respectively.
8. Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package.
HostMines is not a domain registrar. We are a domain reseller for NameSilo so all HostMines customers who purchase a domain or transfer a domain to us are bound by the terms and conditions set forth by NameSilo. You will receive notice from HostMines once your domain is up for renewal. If you do not renew your domain by the expiration date you run the risk of losing your domain. Domain names are billed as separate services and must be kept current to ensure they do not expire. If your domain name has expired, you may renew it at the regular price no more than 25 days after the expiration date. If the domain has been expired for 31 days or more it may have been auctioned off, if so your domain is gone. If your domain was not auctioned you may redeem the domain for a $125 fee no later than 60 days past the expiration date. Domains are not guaranteed to be renewable past 25 days of their expiration. All domains will cease to function past their expiration date until renewed. There is no grace period on domain name registrations. Should any payment dispute or chargeback arise regarding your domain name services, access and rights to your domain name will be immediately forfeited. To recover your domain name from forfeiture a reinstatement fee of $75 plus your remaining balance will be required if processed within the original expiration time.
(a) Domain Cancellation, Renewal and Refund Policy
You may cancel any domain registration (other than domains registered via drop-catching) with us within three (3) days of purchase for a refund (minus any applicable transaction fees and $1 processing fees) Applied to limited to domain extensions only. You may cancel at any time after the three-day period, but no refund will be issued.
You may cancel domain renewals by submitting a cancellation request from HostMines client area or unpaid domain invoice will also fail in domain renewal as we do not save customers credit card on file, customer need to pay for the invoice manually from HostMines client area to renew their domain(s)
10. Requests for Customer Information
Customer agrees that HostMines may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that HostMines believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
11. BackUp Copy
HostMines highly recommends that all customers retain up to date backup copies of their data off site for disaster recovery purposes.
12. VPS Customers:
HostMines provides complementary or paid backup services for our VPS customers. Customer agrees to maintain a current copy of all content hosted by HostMines notwithstanding any agreement by HostMines to provide backup services. Customer acknowledges that any backups provided by or for HostMines services are a courtesy or paid service intended for disaster recovery only and that HostMines does not warrant or guarantee the availability, integrity, content or operability of these backups.
13. Cloud Customers:
HostMines provides complementary or paid backup services for our Cloud customers. Customer agrees to maintain a current copy of all content hosted by HostMines notwithstanding any agreement by HostMines to provide backup services. Customer acknowledges that any backups provided by or for HostMines services are a courtesy or paid service intended for disaster recovery only and that HostMines does not warrant or guarantee the availability, integrity, content or operability of these backups.
14. Cloud Shared Customers:
HostMines provides complementary or paid backup services for our Managed Shared Cloud customers. We create and store one weekly and two of the most recent daily backups. Customer agrees to maintain a current copy of all content hosted by HostMinesnotwithstanding any agreement by HostMines to provide backup services. Customer acknowledges that any backups provided by or for HostMines services are a paid or courtesy service intended for disaster recovery only and that HostMines does not warrant or guarantee the availability, integrity, content or operability of these backups.
15. Dedicated Server Customers:
Dedicated server customers are encouraged to purchase and maintain a secondary drive to create and store backups on. HostMines also offers external storage packages for our customers to create and maintain their own backups stored externally of their dedicated server. HostMines does not warrant or guarantee any backups on Dedicated Servers.
Notices to HostMines under the Agreement shall be given via electronic mail to the e-mail address of firstname.lastname@example.org or via our online ticketing system at https://manage.hostmines.com/. All notices, including but not limited to support or billing requests, must be submitted from a registered e-mail address on file for the customer account.
Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. It is the Customers responsibility to ensure valid and accurate contact information is supplied and updated as necessary. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
17. Force Majeure
HostMines shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond HostMines control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
18. Binding Arbitration
As a Customer of HostMines you agree to submit to binding arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The location of Arbitration shall be selected by HostMines at the time of the dispute.
No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitations.
The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages & each party shall bear its own costs, fees, and expenses of arbitration.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trademark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be an agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on HostMines unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its rights under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third-party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without HostMinesprior written consent. HostMines approval for assignment is contingent on the assignee meeting HostMines credit approval criteria. HostMinesmay assign the Agreement in whole or in part.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
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