TERMINOLOGY
OF THESE CONDITIONS
This agreement is between the account holder
only (hereafter referred to as the Customer) and HostOnce
LLC (hereafter referred to as HostOnce.com).
All references to "account" refer to the .NET
hosting account or Linux hosting account as supplied
by HostOnce.com unless otherwise stated.
In the event that a Customer purchases the multi-domain
upgrade, the account will then become a multi-domain
enabled account, hereafter referred to in these terms
as a multi-domain enabled account.
TERMS AND CONDITIONS OF
SERVICE AGREEMENT
HostOnce.com provides World Wide Web page hosting. HostOnce.com
reserves the right to suspend or cancel a Customer's
access to any or all services provided by HostOnce.com
when HostOnce.com decides that the account has been
inappropriately used or otherwise.
SERVER
USE
Personal accounts are to be used by the Customer
only. Customers are not permitted to resell, store or
give away web-hosting services of their website to other
parties. This is defined as allowing a separate, third
party to host content on the Customer's web site. Exceptions
to this include ad banners, classified ads, and personal
ads [multi-domain enabled accounts and RESELLER accounts
are also excluded: for details see MULTIPLE-DOMAIN HOSTING
UPGRADE or RESELLER ACCOUNT].
WEBSITE CONTENT AND USAGE POLICY
HostOnce.com does not allow any of the following
content to be stored on HostOnce.com servers:
Illegal Material - This includes (but
is not restricted to) commercial audio, video, or music
files, any material in violation of any Federal, State
or Local regulation and any copyrighted works. It is
the responsibility of the Customer to provide evidence
of entitlement to use copyrighted material on their
account.
Warez - This includes (but is not restricted
to) pirated software, ROMS, emulators, phreaking, hacking,
password cracking, IP spoofing, etc, and encrypting
of any of the above. Also includes any sites which provide
"links to" or "how to" information
about such material.
Unacceptable file types - HostOnce.com
does not allow the upload of .bkf, or .exe files to
its server space by its customers. Any site found to
be hosting such file types will be terminated without
refund.
HostOnce.com does not offer a service
for storing information, backups, files or other material
outside of a website context. All files within a domain
must be part of the active website and linked to the
site. It is a violation of this agreement if a Customer
uses this account as merely an image, sound or file
library. Hence HostOnce.com's service is not suitable
for download or FTP sites; sites found to be using their
web space for this purpose will have the content removed
by HostOnce.com technicians or may be permanently removed
from HostOnce.com servers without prior notice.
Sites must NOT predominantly contain binary files such
as images, video and sound (i.e MP3, RA, WAV, GIF, JPG
but not limited to those file extensions) as these do
not represent active web based content. These files
may only account for a maximum of forty percent (40%)
of a sites total bandwidth usage before the Customer
must discuss an alternative solution with HostOnce.com
otherwise HostOnce.com reserves the right to impose
the High Resource User Policy.
Special note: streamed media
Due to the increased resource requirements of streamed
media, HostOnce.com is unable to support sites that
solely or predominantly use their allocated resources
for streaming media files.
Websites found to be streaming media which detrimentally
affects server performance will be suspended immediately.
The Customer will receive notification of this action
and advised of any further required action.
Any files exceeding 50MB in size may only be uploaded
to HostOnce.com servers by prior arrangement. Customers
wishing to upload files greater than 50MB in size must
contact HostOnce.com to explain the purpose of the file
and its intended use.
Failure to do so will result in the deletion of the
file from HostOnce.com servers.
Customers should be aware that files can be
removed at any time when a domain is under Abuse Investigation
or during routine server maintenance.
RESOURCE POLICY
Resources are defined as bandwidth and/or disk space
and/or processor utilization.
HostOnce.com allows the consumption of 5000MB of disk
space and a monthly bandwidth allowance of 50GB per
web hosting account in accordance with the WEBSITE CONTENT
AND USAGE POLICY. [multi-domain enabled accounts allow
for a total of 5000MB of disk space and a monthly bandwidth
allowance of 50GB per hosted domain in accordance with
the WEBSITE CONTENT AND USAGE POLICY] In the event that
a Customer is found to be exceeding these limits, and/or
not adhering to the WEBSITE CONTENT AND USAGE POLICY
and/or monopolizing processor utilization, HostOnce.com
reserves the right to impose the High Resource User
Policy for the consideration of all Customers.
HIGH RESOURCE USER POLICY
(Please note: this policy may be implemented
by HostOnce.com at its sole discretion)
When a website is found to be monopolizing
the resources available, hence jeopardizing server performance
and resources for other Customers, HostOnce.com reserves
the right to suspend that site immediately*. This policy
is implemented to prevent the misuse of HostOnce.com
servers. At its discretion, HostOnce.com may offer Customers
an option whereby HostOnce.com can continue to host
the site based on alternative arrangements.
* Please Note: HostOnce.com reserves the right to suspend
services to any account that it finds affects overall
server performance for other Customers hosted on the
same server (this does not necessarily mean issues related
only to bandwidth or diskspace consumption). This suspension
is effective immediately and Customers are reminded
to read the Backups policy below regarding this.
BACKUPS
HostOnce.com does not keep backups of its Customers'
files. By signing up with HostOnce.com the Customer
accepts all responsibility for making backup copies
of their files..
EMAIL STORAGE
HostOnce.com cannot allow the storage of more
than 50MB of emails on HostOnce.com servers and reserves
the right to remove email storage files during server
maintenance that exceed the 50MB limit per POP account.
.
All email that has not been downloaded within
30 days of receipt will be automatically deleted from
the HostOnce.com network. This action allows HostOnce.com
to continue offering generous bandwidth and disc space
allowances at discounted prices.
If HostOnce.com identifies a domain and/or
mailbox which is causing problems through use of mail,
HostOnce.com will either remove the offending mailboxes
or change their settings to resolve the issue. In extreme
cases, HostOnce.com will disable email or suspend all
services to the domain as appropriate.
(Examples of this include but are not restricted
to mailbox auto-response systems or forwarders which
create large volumes of undeliverable email, forwarders
and/or autoresponders generating circular mail loops)
Customers may not use HostOnce.com Email services
for any of the following:
- to send messages or communications, which are unsolicited,
offensive, abusive, indecent or obscene
- messages for the purpose of committing or
inciting a criminal offence or which direct users/recipients
to sites dealing in such subjects.
- messages that cause inconvenience, annoyance or anxiety
to other customer/users
- messages containing content which violates
the website content and usage policy herein contained
- messages which purport to come directly from HostOnce.com
or its staff/associates
Note on mailing lists:
Provided mailing lists are legitimate and meet the following
conditions then they are acceptable:
Consent – it must be sent with the recipient's
consent. They may give express consent, or consent may
be inferred from their conduct and 'existing business
or other relationships'
Identity – it must contain accurate information
about the person or organisation that authorised the
sending of the message
Unsubscribe – it must contain a functional 'unsubscribe'
facility to allow the recipient to opt out from receiving
messages from that source in the future
Where mass emails are sent (as in the case
of mailing lists or otherwise) the bandwidth utilised
by the mail sending must not exceed twenty percent (20%)
of the total bandwidth utilised by the website as a
whole.
SPAM
In the event that HostOnce.com receives a significant
number of complaints referring to, or concerning, unsolicited
mail that originates from a HostOnce.com server (either
directly or via spam advertising, mailing lists etc)
Hostonce.com will disable the website concerned immediately.
This action is taken to prevent HostOnce.com's IP Addresses
being blocked by IP Address blocking systems and to
protect other network users.
HostOnce.com will contact the Customer via mail; if
no satisfactory explanation is given within 7 days then
the account will be permanently deleted from HostOnce.com
servers.
Hostonce.com reserves the right to not refund in these
circumstances.
PRICE FREEZE GUARANTEE
HostOnce.com guarantees for as long
as you are a continuous client, in good financial standing,
and you keep renewing your contract for web hosting
service, we guarantee that you will be locked into paying
your original purchase price forever.
FREE DOMAIN NAME
When a Customer signs up for the .NET Hosting
Plan, HostOnce.com will pay for the cost of their new
domain name registration. HostOnce.com will keep paying
it every year, for as long as they are a continuous
Customer in good financial standing, and keep renewing
their contract for web hosting service. (please see
exclusion below) This only applies to domains with extensions
.com, .net, .org, .biz, .info, .us and .co.uk. If the
Customer decides to transfer an already registered domain
name to HostOnce.com's servers for use with the .NET
Hosting Plan**, then the Customer is responsible for
all Registrar fees for that domain.
Exclusion: HostOnce.com
registers all new domain names through wholesale domain
name registrars. These domains then reside in a single
account at the registrar and can therefore be renewed
by HostOnce.com as part of the service supplied. If
a domain name is transferred from this account (either
to another registrar or to another account at the wholesaler
concerned) the domain name concerned is no longer eligible
for free renewal by HostOnce.com and all renewal fees
become the responsibility of the Customer at time of
transfer.
Please Note: To
register domains quickly and keep prices to a minimum
HostOnce.com bulk registers domains. This means that
the Customer will see HostOnce.com details as the current
domain name owner.
HostOnce.com will transfer ownership of the domain name
to a Customer when a request to do this is submitted
on our online Helpdesk.** This enables some Customers
to remain anonymous owners of their domain name..
(** requests for transfer of domain ownership from HostOnce.com
to the Customer will only be accepted a minimum of 6
months after full payment has been made for the account
concerned (initial order or renewal payment whichever
has been most recently charged; this applies to domain
names registered as part of a hosting plan or those
ordered as separate domain names via the HostOnce.com
optional upgrades page).
If a Customer wishes to request that the ownership details
are updated then the Customer should submit a ticket
to the DNS Changes category on the HostOnce.com online
helpdesk at http://support.hostonce.com
The Customer will need to submit the full new ownership
details to be listed and the ticket should be submitted
to the DNS Changes category.
Please note that the Customer will be required to verify
any such request and that HostOnce.com will not make
such changes at the request of a third party.
TRANSFER OF EXPIRED DOMAIN NAMES
Please note that if a client wishes to transfer a domain name registered through us that has expired (but is not in a state of redemption) we will require you to open an account with the relevant registrar to which the domain name will then be transferred. The client will then be responsible for reactivating and renewing the domain name directly with the registrar and (once reactivated) will be able to organise and arrange a transfer wherever required.
Please note that any customer wishing to make this transfer arrangement must open a HelpDesk ticket (under *Transfers*) and that we will require verification before the domain name can be released from our registry account.
PLEASE NOTE: HostOnce.com LLC cannot take any responsibility for the loss of any domain name that has expired due to non-payment and cannot guarantee that any requested transfer to a clients registrar account will be completed before the domain name enters redemption (at which point a premium fee will be required by the registrar to reactivate the domain name)
IMPORTANT
INFORMATION
As of 12th November 2004, the global domain name administration
body (ICANN) modified the transfer process for GTLD
domains. This will mean that any transfer requests for
domain names not 'locked' with their current owners
will be approved automatically after 5 days, unless
they are rejected by the current admin contact of the
domain..
Therefore, in order to minimize the risk of fraudulent
transfers and protect domain names, all domain names
registered through HostOnce.com will automatically and
by default be locked at the registrar. This should mean
that no automatic transfer will be allowed or take place
even if the administrative contact approves a transfer
request.
It is therefore imperative that the Customer contact
domains@hostonce.com
to verify and arrange the transfer of any domain name
registered through HostOnce.com and/or held in our registrar
account..
MULTIPLE-DOMAIN
HOSTING UPGRADE
Exclusion: US$2.50/month
accounts purchased during our special promotion do not
qualify for this upgrade.
Customers should be careful when adding domains as they
are unable to delete domains via the control panel for
security reasons. The Customer will need to contact
support, via the online help desk, to have a domain
removed. The primary account domain name cannot be removed
or changed.
Customers with more than one current HostOnce.com account
cannot combine these accounts into one. Doing this will
forfeit the free domain name for life. Cancellations
for this purpose will not be refunded. Customers may
however upgrade all current windows accounts, excluding
US$2.50/month half priced accounts, to multi-domain
enabled accounts.
Customers who have previously purchased a domain using
the Domain Alias option will need to contact support
via the HelpDesk if they wish to add these aliased domains
to a multi-domain enabled account.
Domain Name registration is not included with this upgrade.
Customers are responsible for additional domain registration
fees. Additional domain names may be ordered via the
Upgrades page or purchased via any approved domain name
registrar.
The Primary Hosting account MUST continue to be renewed
annually for the multi-domain enabled account to remain
active. If the primary domain name is registered elsewhere
and the Customer is therefore responsible for its renewal,
the Customer must continue to renew the domain in order
for the multi-domain enabled account to remain active
and valid. Non-renewal of a primary domain name in this
situation will result in the multi-domain enabled account
becoming non-functional. No refund will be issued in
this situation.
Cancellation of the Primary hosting account or non-renewal
will also mean cancellation of the multi-domain enabled
account.
At the discretion of HostOnce.com, Customers may allow
third parties to use additional domains on their multi-domain
account. Please note, however, that the Customer remains
responsible for the use of all domains on their multi-domain
enabled account.
RESELLER ACCOUNT
If a Customer chooses to purchase a HostOnce.com
reseller account and resell HostOnce.com services, the
Customer shall become a Reseller account holder and
remain a HostOnce.com Customer for all purposes under
these terms and conditions.
The Reseller account holder hereby agrees that in the
event that they resell the services of HostOnce.com,
the client purchasing these resold services will become
solely the Reseller account holder's client (and therefore
a "Reseller Client"). A Reseller Client does
not become a Customer or account holder with HostOnce.com
by purchasing the resold services and HostOnce.com will
not be required to provide technical and/or other support
to any Reseller Client.
Reseller account holders accept that the terms
and conditions of service which form the service agreement
between themselves and HostOnce.com are also an inherent
element of the HostOnce.com services which they are
entitled to resell. Whilst no contract or agreement
shall be made between HostOnce.com and the Reseller
client, the Reseller account holder accepts that any
Reseller client's site which is found to breach these
terms and conditions, will be subject to suspension,
removal or termination by HostOnce.com. Reseller account
holders should take particular note of Server use, website
content and usage, resource policy, high resource user,
backups, email storage and usage sections of this terms
of service agreement.
The Reseller account holder acknowledges that
the non-payment by any Reseller Client shall in no way
relieve the Reseller account holder of any duty in this
agreement including the duty to timely pay all fees
The Reseller account holder is solely responsible for
any and all transactions between the Reseller account
holder and Reseller Clients under this agreement.
The Reseller account holder is solely responsible for
all taxes and duties levied or imposed on the Reseller
account holder and HostOnce.com under this Agreement
and solely responsible for compliance with any regulations
governing the export of the Services (or any portion
thereof).
The Reseller account holder shall not resell the Services
under the HostOnce.com brand.
PAYMENT POLICIES
All hosting accounts are set up on a prepay
basis only.
Whilst HostOnce.com reserves the right to change prices
of accounts or services at any time, such changes do
not apply to those accounts covered by the HostOnce.com
price freeze guarantee. Payment is due each anniversary
year following the date the account was established.
Customers will automatically be charged at any time
in the 80 days leading to the anniversary date in order
to ensure the transition from one hosting year to the
next and to avoid, wherever possible, any interruption
to service (unless closure notification has already
been given).
If the credit card held on file is declined, HostOnce.com
reserves the right to immediately suspend the facility
to purchase services on-line until any such charge is
processed successfully. In addition, HostOnce.com reserves
the right to suspend other services until the outstanding
payment is made and any outstanding debt cleared.
HostOnce.com has the Customer's consent to email any
and/or all email accounts setup on the Customer’s
HostOnce.com control panel to ensure renewal notification
is received. The Customer is responsible for all money
owed on the account from the time it was established
to the time that the Customer makes a cancellation request
via the HostOnce.com HelpDesk: See cancellation procedure
section.
No bills or invoices will be sent by regular mail. All
invoices will be sent directly to Customers via email
shortly after the online purchase has been made. At
this point the Customer's card will be charged automatically.
Customers should note that it is their responsibility
to keep all email and contact information updated (preferably
with an email address without storage limit) in order
to receive all notices sent by HostOnce.com. It remains
the responsibility of Customers to ensure that HostOnce.com
communications to them are allowed by any e-mail software
or filter.
Any e-mail notice will be deemed delivered when the
message has been transferred to the e-mail server that
the Customer's declared e-mail address resides in.
DOMAINS CHARGEBACK RESOLUTION
If the charge for a domain or set of domains
is charged back, HostOnce.com has the right to take
control of the domain or set of domains that was paid
for by the disputed charge. HostOnce.com will change
the domain account information as needed to take control
of the domain or set of domains. The Customer is not
guaranteed to be contacted in the event that a chargeback
is received. .
PAYMENT OPTIONS
In order to streamline accounting procedures and keep
costs down HostOnce.com runs a limited number of payment
options.
Credit / Debit Cards:
HostOnce.com accepts VISA, MASTERCARD, and AMEX. Please
allow for slight fluctuations in foreign currency exchanges.
HostOnce.com reserves the right to stipulate method
of payment in rare circumstances where other methods
of payment may be considered unsuitable.
CURRENCY FLUCTUATIONS
Please note that, as stated on the HostOnce.com
website, allowances should be made for slight fluctuations
in foreign currency exchange rates as applied to the
transaction. This means that the actual charge that
appears on a Customer's credit card statement may be
slightly higher or lower than the price stated on our
website.
Furthermore, Customers should note that some banking
institutions levy a currency exchange fee on such transactions.
OPTIONAL EXTRAS
The following may be purchased at an additional
cost by using our upgrades page..
Prices Per Year
US Dollars
Multiple-Domain Hosting Upgrade $45.00
Additional Domain Name $16.00
Domain alias $24.00
Additional Sub.Domain $ 5.00
SSL Secure Server $20.00
MS SQL Server Database $80.00
Please allow for slight fluctuations in foreign currency
exchanges. Value Added Tax does not apply.
CANCELLATION
AND REFUNDS
Whilst the vast majority of HostOnce.com Customers
will be perfectly satisfied with HostOnce.com service
and remain with HostOnce.com for many years after ordering,
HostOnce.com does recognize that on rare occasions,
the agreement between the Customer and HostOnce.com
will need to be cancelled. HostOnce.com would encourage
Customers to contact the customer services department
in the first instance to ascertain if HostOnce.com can
resolve any issue causing a Customer to consider canceling,
but if the eventuality does arise, the HostOnce.com
cancellation policy is as follows:
Customers may cancel their account within 30 days of
the original order date. Any Customer canceling their
service will be entitled to request a pro-rata refund
based on the months of unused hosting remaining.
Likewise, HostOnce.com reserves the right to cancel
the service at any time. In this event, Customers again
will be entitled to a pro-rata refund based upon the
remaining months of membership. If a Customer contravenes
HostOnce.com's terms of service a refund will not be
issued in the event of a cancellation.
In the event of any refund, a US$20.00 administration
charge is retained by HostOnce.com.
In addition, US$16 is also retained by HostOnce.com
to cover annual .com, .net, .org, .biz, .info, .us domain
name expenses or US$32 to cover .co.uk or other biannual
domain expenses if the domain was registered by HostOnce.com.
For example, a cancellation within 30 days of ordering
a HostOnce.com service would generate a refund of the
remaining 11 months service minus a US$20 administration
fee AND US$16 or US$32 fee dependant on domain type
if the domain was registered as part of the order.
All refunds will be paid in the same manner (and to
the same credit card where applicable) as the original
order was made.
Cancellation of Upgrades:
In the event of any refund, HostOnce.com reserves
the right to levy an administration charge of US$20
to be deducted from the fee. Please note that no refund
whatsoever will be made for domain name registration
orders. This is because of the domain registrar's policy
on registrations. They are charged a non-refundable
fee by the registry to perform the registration and
this procedure cannot be cancelled. By registering a
domain name a Customer is renting a piece of the Internet,
through HostOnce.com as broker, with the collective
that monitors the Internet. Once a domain name has been
added to the Internet it cannot be removed until it
expires.
Cancellation
Procedure
Please note that the following Cancellation
Procedure must be adhered to at all times, this is a
security precaution to allow HostOnce.com to ascertain
the authenticity of any such request.
The Customer is required to make a request of cancellation
via an already open HelpDesk ticket or via a new Help
Desk Ticket, under Customer Services, quoting the domain
name of the account to be cancelled. HostOnce.com staff
will need to verify the request and an email confirming
the action will then be sent to the HelpDesk contact
address provided by the customer. A cancellation reference
number will be allocated and this should be quoted in
any subsequent communication concerning the account.
REACTIVATION OF EXPIRED ACCOUNTS
In the event that an account is not renewed
and expires, it may still be possible to reactivate
the account but with the following provisos:
1 - there will be a US$15 reactivation fee added to
the renewal charge irrespective of the annual fee.
2 - there is no guarantee that the site material/data
will be intact.
3 - the domain name may no longer be eligible for free
renewal as part of your hosting renewal and may require
a separate fee to redeem it at the registrar. There
may also be certain situations in which the domain name
cannot be reactivated and HostOnce.com cannot accept
any responsibility for domain names that are lost in
this way.
INDEMNIFICATION
Customer agrees that it shall defend, indemnify,
save and hold HostOnce.com harmless from any and all
demands, liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against HostOnce.com,
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 HostOnce.com against
liabilities arising out of; (1) any injury to person
or property caused by any products sold or otherwise
distributed in connection with HostOnce.com server;
(2) any material supplied by customer infringing or
allegedly infringing on the proprietary rights of a
third party; (3) copyright infringement and (4) any
defective products sold to customer from HostOnce.com's
server.
DISCLAIMER
HostOnce.com will not be responsible for any
damages your business may suffer. HostOnce.com makes
no warranties of any kind, expressed or implied for
services we provide. HostOnce.com disclaims any warranty
or merchantability or fitness for a particular purpose.
The includes loss of data resulting from delays, non
deliveries, wrong delivery, and any and all service
interruptions caused by HostOnce.com and its employees.
CHOICE OF VENUE
Regardless of the place of purchase, the Customer
agrees that for purposes of venue this contract was
entered into in North Carolina, USA, and any dispute will be
litigated or arbitrated in North Carolina, USA. Defendants further
waive all objections to venue and acknowledge that venue
in any such litigation will be held in North Carolina courts.
IN NO EVENT SHALL HOSTONCE.COM'S MAXIMUM LIABILITY EXCEED
TWO HUNDRED (200.00) US DOLLARS.
AMENDMENT OF AGREEMENT
HostOnce.com reserves the right to revise or
otherwise change (in any way) this Agreement at any
time.
The Customer agrees that HostOnce.com's posting of any
revision or change to this web page (http://hostonce.com/termsandconditions.htm)
shall constitute adequate notice to the Customer of
any revision or change in this agreement.
It is the responsibility of the Customer to periodically
consult this web page for any revision or change to
this Agreement; no other method of notice will be used
by HostOnce.com.
If, after any such revision or change has been made,
the Customer decides that they do not wish to be bound
by such change it shall be the Customer's responsibility
to terminate their subscription as provided for in the
Cancellation and Refunds Section of this Agreement.
If the Customer does not terminate the Agreement then
the Customer's continued use of HostOnce.com's service
will be taken as confirmation that the Customer has
accepted, and consented to, the revised or changed Agreement.
INFANCY
The Customer attests that they are of legal
age in their domicile to enter into this Agreement.
In the event that the Customer is not of such age, then
HostOnce.com is authorized, at the discretion of HostOnce.com,
to terminate this agreement and to cancel the registration
of any/all domain names.
PRIVACY STATEMENT
HostOnce.com follows the strict guidelines
of our customer privacy statement. Please make sure
you understand this statement fully. Please click
here to read the privacy statement.
.US Domain Name Eligibility Requirements:
Any U.S. citizen or resident, as well as any
business or organization, including federal, state,
and local government with a bona fide presence in the
United States can register a .US domain name.
One of the following eligibility requirements must be
met:
A natural person (i) who is a citizen or permanent resident
of the United States of America or any of its possessions
or territories or (ii) whose primary place of domicile
is in the United States of America or any of its possessions,
or
Any entity or organization that is incorporated within
one of the fifty (50) U.S. states, the District of Columbia,
or any of the United States possessions or territories
or (ii) organized or otherwise constituted under the
laws of a state of the United States of America, the
District of Columbia, or any of its possessions or territories,
or
An entity or organization (including federal, state,
or local government of the United States, or a political
subdivision thereof) that has a bona fide presence in
the United States.
HostOnce.com is not responsible for .US domains cancelled
by Registrars due to Customers not meeting these requirements.
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