PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Terms of Service
INTRODUCTION
For the purposes of the Terms of Service, the word “Customer” or “You” means the individual requesting one or more services provided by HOSTINGFIELDS, and, if applicable, includes any other legal entity on behalf of which an individual makes such a request.
Additionally, the customer agrees not to make such request on behalf of any other legal entity unless the customer has the authority to bind that legal entity to the Terms of Service. Herein the Customer seeks to utilize HOSTINGFIELDS Web Hosting’s servers for its own purposes; Herein Both parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, HOSTINGFIELDS can make no guarantee that any given reader shall be able to access HOSTINGFIELDS Web Hosting’s servers at any given time.
HOSTINGFIELDS represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows;
The Customer represents and warrants to HOSTINGFIELDS that customer’s use of any service that it provides, will not violate any applicable law or regulation in the province, state, territory or country in which you reside. If the customer is unable or unwilling to do so, the customer will not request services from HOSTINGFIELDS.
HOSTINGFIELDS reserves the right to refuse service to anyone at any time. HOSTINGFIELDS reserves the right to refuse new account orders, if it believes the account is fraudulent, abusive in nature, not in the best interest of our servers and our customers, or for any other reason. We reserve the right to suspend, disable, cancel, or terminate your account if the user of the account is rude, vulgar, or obscene with our customer service staff.
The policies, guidelines, rules and regulations given in these Terms of Service may change at any time without notice. By using our services customer agree to these Terms of Service and to any changes that may be made to it.
Services
The services that the customer requests from HOSTINGFIELDS are made through our website (Shopping Cart); Client Area page or online Contact Form on the site or otherwise in writing. HOSTINGFIELDS agrees to provide subject to these Terms of Service are the “Services”.
HOSTINGFIELDS is a web hosting provider and as such provides services that are associated with the Web Hosting providing industry. This includes but is not limited to Managed Shared Web Hosting, Managed Semi Dedicated Servers and Managed Dedicated Servers.
HOSTINGFIELDS reserves the right to limit or disable these services at any time.
Customer Information
The Customer can at any time update contact information using our Client Area page.
Customer warrants that any information provided is true. The Customer is responsible for insuring that the contact/customer information is always up-to-date with HOSTINGFIELDS. Furthermore, all personal information, especially the e-mail address, is used update customer of any changes, issues, abuse claims, and other services regarding the account. Failure to keep this information updated, can result in your account being suspended or deleted. HOSTINGFIELDS is not responsible for loss of service, due to lack of communication involving outdated or invalid contact information. It is the customer’s responsibility to insure that the information HOSTINGFIELDS has on account is current.
Backups
While HOSTINGFIELDS does daily/weekly/monthly backups of the accounts on our Managed Shared Web Hosting Packages, this service is provided as a courtesy and not as an obligation. We make no guarantee that your account will be backed up with our service. For this reason, the backing up of your account is your responsibility. Users should insure that they always have a backup of the data on their account that they are comfortable restoring from. If users need help backing up their website they may contact support for help with this.
Limitations
For all services provided by HOSTINGFIELDS, all fees are payable in advance and are non-refundable (expect: Managed Shared Web Hosting – see below)
Domain Renewals are NOT automatically renewed. When domain renewals are processed they are processed a yearly fee, unless otherwise noted. We reserve the right to investigate and screen orders in an attempt to prevent fraud. We may require additional personal information from you in order to process your account. We reserve the right to refuse service to anyone.
Payment
Payment in respect of all Services is on demand. Customer agrees that all charges and fees associated with an account is its sole responsibility. Payment must be received and processed before we can set up any customer account.
Payment for the customers account is expected at its due date. Payment due date is determined by the corresponding date it is initially set up the account. When payment is received it will be non-refundable.
We will automatically generate an invoice in respect of the next period unless the Services have been changed/cancelled. All invoices are delivered electronically and are available via the Client Area page. Customers are responsible for checking receipt of all invoices. No hard copy invoices will be sent by post.
Payments processing
All Account Payments to HOSTINGFIELDS are made via Paypal, 2Checkout, Skrill, and Western Union. Links are found in our Client Area page. Payments processed by third parties are also subject to those third parties’ terms and conditions of service. We make no representations and provide no warranties with respect to those third-party service. The Customer warrants that the customers is authorized to use the chosen method of payment. If the customer is not the named cardholder, the customer acknowledges that the customer and the named cardholder both agree to be bound by the terms of this Agreement and are jointly and severally liable for all payments under this Agreement. The Customer agrees to indemnify and hold HOSTINGFIELDS harmless in the event that the cardholder or issuer declines any payments to HOSTINGFIELDS including all of our costs in administering your non-payment and obtaining the payment due to HOSTINGFIELDS by Customer. If any of this information is found to be invalid or untrue, we reserve the right to suspend access to your account.
Late Payments/Unpaid Account
Customer accounts that are not paid for a period of three days after its respective due date, the account will be charged an additional fee of ten dollars. Seven days/Unpaid Account, HOSTINGFIELDS reserve the right to suspend/terminate all Services until payment is received in full and all outstanding charges are cleared. Customers are responsible for all money owed to HOSTINGFIELDS under the terms of this Agreement until it is terminated. Customers are also responsible for any additional costs incurred by HOSTINGFIELDS in taking steps to recover any sums due by customer.
Price Change
HOSTINGFIELDS reserves the right to change prices, the monthly payment amount, or any other charges at any time.
Reactivation
HOSTINGFIELDS DOES NOT automatically reactivate customer account after late payment is made. Contact HOSTINGFIELDS through our Client Area page after you make a late payment to reactivate.
Money-back Guarantee (HOSTINGFIELDS recommends that the Customer checks the Terms of Service applicable to the particular offer before placing an order)
HOSTINGFIELDS offers a five days money- back guarantee for Managed Shared Web Hosting Packages Only. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software, or other setup fees, or to any fees for any other additional services. A Customer switching from one HOSTINGFIELDS package to another HOSTINGFIELDS package shall be deemed to have exhausted the five day period, and shall no longer be eligible for the five Day Money Back Guarantee. A Customer may only use the five Day Money Back Guarantee once, and for only one account. The five Day Money Back Guarantee is not available where the Customer has breached any part of these General Terms & Conditions including, but not limited to an account that has been suspended or terminated as a result of such breach.
Password/Reset Policy
All Services provided by HOSTINGFIELDS to the Customer are intended for his/her use only. Customer agrees that any decision to resell, store or give away password to third parties is undertaken on the basis that customer accept sole responsibility for ensuring compliance with this Agreement and the Terms and Service relevant to any chosen Services by third parties. Customer agrees to indemnify and hold HOSTINGFIELDS harmless against any losses caused or damage suffered as a result of a breach by any third parties. We accept no liability to customer or any third parties for losses arising from third party use of your Services as set out above.
If the Customer has forgotten the password for main account, the customer may request that the password be reset by using the appropriate link at our website at Reset Password page.
Owner of the Account can request Password Reset.
Resellers Accounts/we can reset your main reseller account, but for your individual re-sold accounts, you can reset those passwords through your reseller webhost manager.
Requesting Support
All support issues, requests, and general contact with HOSTINGFIELDS should be made through our Client Area page. The support ticket system and contact forms are the only way you can insure that we have received your message.
Transfers
Our Transfers Team will make every effort to help customer move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer.
Abuse Claims
In the event that HOSTINGFIELDS receive a notice concerning copyright violations, spamming, DMCA violations, or any other notice concerning your account or if we believe that customer account may be in some way violating our terms of service agreement, then HOSTINGFIELDS will send a notice to the customer e-mail address on file. This notice is given as a courtesy and not as an obligation. Failure to respond to this abuse claim within 24 hours may result in the suspension or termination of your account.
Prohibited Content
HOSTINGFIELDS reserves the right to review any content on any of its hosting accounts. If, at our sole discretion, we find content on your hosting account that violates these Terms of Service your account may be suspended or terminated without notice. Examples of prohibited content include, but is not limited to Hacking or hacking materials, Anonymous proxy or gateway, Child pornography or child pornography related material, Gambling material, Illegal activities, Drugs and Drug Paraphernalia, Hate/Violence promotion, Racial or Ethnic intolerance, use of the service to create, host, transfer, or distribute computer viruses, worms, Trojans, spyware, malware, or any malicious software is prohibited. Use of the service to host, transfer, or distribute copyrighted or trademarked material is prohibited. Use of the service to host, transfer, or distribute any material that infringes upon another person’s intellectual property is prohibited. HOSTINGFIELDS will be the sole arbiter in determining if material violets herein Terms of Service. Any account that is found to be violating Terms of Service will have their account suspended or terminated with without warning. This will also apply towards resellers resold accounts, HOSTINGFIELDS reserve the right to suspend or terminate an account under your main reseller account if it is determined that they have violated this Agreement.
Reseller Responsibilities
Resellers are responsible for handling support requests for their clients. This does not mean that you must be technically mindful in order to become a webhost reseller. This simply means that we cannot directly provide support for your clients. If one of your resold account clients has a question, issue, or concern regarding their hosting account, they should contact you. Resellers with a question, issue, or concern, can open a Support Ticket with HOSTINGFIELDS, and support department will be glad to provide answers to such in timely matter. Accounts under your reseller account must adhere to and follow the rules, regulations, and policies that are described in these Terms of Service. Resellers are encouraged to use HOSTINGFIELDS Terms of Service as a template when forging their own for their reselling endeavor.
HOSTINGFIELDS reserve the right to adjust, suspend or in some cases terminate accounts under your reseller account should they be found to be violating our Terms of Service. HOSTINGFIELDS reserve the right to remove an account from your reseller account as part of the suspension. Efforts will be made to contact you/reseller regarding these actions.
International Users
The HOSTINGFIELDS Service is controlled, operated and administrated from our offices in Canada. If customer access the Service outside of Canada, customer is responsible for compliance with all local laws. The Customer agrees that HOSTINGFIELDS Services will not be used in any matter prohibited by any applicable laws restrictions or regulations.
Account Cancellations
The customers are under no contract with HOSTINGFIELDS. Cancellation must be initiated at least 4 days before the due date and this must be at least 4 days prior to the client’s next invoice date or the client will be billed for the next month.
In the event that you wish to stop your service with HOSTINGFIELDS, customer will be responsible for submitting a cancellation request, to insure that your service is removed from the servers and to prevent any further billing on the account. HOSTINGFIELDS cannot know when you have stopped using the service without a proper cancellation request. All cancellation requests should be made through our Client Area page to insure that all relevant information is attained. Services are deleted after the cancellation request is received and validated. You should consider this before submitting a cancellation request. **IMPORTANT** Make sure that you have all of your data backed up prior to submitting a cancellation request. The backups of your account may also be deleted after the account cancellation is received and validated. HOSTINGFIELDS is under NO obligation to provide backups or copies of your data after your account has been canceled and deleted.
In the event that Services are canceled/suspended temporarily or that any features, applications, scripts or programs are deactivated in order to ensure the stable operation and integrity of the services, customer will not be entitled to a refund.
If HOSTINGFIELDS choose to cancel the Services we provide to customer for any reason other than a breach of the terms of this Agreement by customer, HOSTINGFIELDS will do its due diligence without time limitations, and offer an alternative available at that time.
Liability Disclaimer
The information, software, products, and services included/available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. HOSTINGFIELDS, or its suppliers, may make improvements and/or changes in the site at any time.
HOSTINGFIELDS and/or its suppliers make no representation about suitability, reliability, availability, timeliness, and accuracy of the information, software, services, and graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information software, product, and services are provided as-is without warranty or condition of any kind. HOSTINGFIELDS and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics including all implied warranties or conditions of merchantability fitness for a particular purpose, title, and non-infringement to the maximum extent permitted by applicable law in no event shell HOSTINGFIELDS and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the site, with the delay or inability to use site or related services. The provision of or failure to provide services, or for any information, software, product, services and related graphics obtained through the site, or otherwise arising out of the use of site, whether based on contact, tort, negligence, strict liability or otherwise, even if HOSTINGFIELDS or any of its suppliers has been advised of the possibility of damages, because some provinces/states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site/services provided, or any of the Terms of Service you’re sole and exclusive remedy is to discontinue using the services from HOSTINGFIELDS.
Entire Agreement
These terms and conditions constitute the entire agreement between HOSTINGFIELDS and the customer, and it supersedes all prior oral or written agreements, understandings and representations.