The HostingTalent Terms of Service Agreement is an agreement between HostingTalent and its customers. Please make sure you are in agreement with the following points and conditions (in its entirety) before signing up for or using HostingTalent's services. As a member of our hosting community, you must use your hosting account access ethically and responsibly. Contact our sales department for any clarifications.
Disclosure
Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber.
Content
All services provided by HostingTalent may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law (as well as Indonesian Law) is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless HostingTalent from any claims resulting from the use of the service which damages the subscriber or any other party.
Examples of non-acceptable content or links
Copyright Violations
HostingTalent will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.
Technical Support
We limit our technical support to our area of expertise. The following is our guidelines when providing support: HostingTalent provides support related to your virtual site physical functioning. HostingTalent does not offer tech support for application specific issues such as cgi programming, html or any other such issue. At this time, HostingTalent does not offer technical support via phone and/or live chat.
System Resource Usage
If HostingTalent's system administration team determines that a customer's account is utilizing an unacceptable amount of system resources, HostingTalent may temporarily deactivate the account in question. If HostingTalent's staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with seven (7) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases.
HostingTalent will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.
Domain Name Registration and Renewal Policy
HostingTalent will make every effort to register and/or renew your requested domain name. This is not a guarantee that your requested domain name is available for registration and/or renewal. Your domain name may go unregistered and/or renewed, due to circumstances beyond our control, and will not be grounds for compensation of financial loss. An order for domain name registration and/or renewal, does not guarantee domain name registration and/or renewal. Domain names will not be registered and/or renewed until payment is received. If requested domain name is not registered and/or renewed by HostingTalent, the domain registration fee will be refunded.
Domain registration fees are not refundable. If we register a domain name, on your behalf, as part of a free registration promotion - cancellation or termination of your account will void the promotion offer and you will be charged $30 for your domain name registration.
All domain names, registered by HostingTalent, are done so in the name of the customer placing the order.
Domain Parking Circumvention
Any attempt to circumvent domain parking restrictions by using selective HTTP redirects or any other method to send traffic from parked domains to sites other than the main site is strictly prohibited. If multiple domain names with separate content are required, domain pointers must be used instead.
Chat Rooms
We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as a account option. Clients are free to use any of the chat systems that come available through our control panel on all accounts.
Background Running Programs (bots/daemons/monitors)
Customers are not permitted to run programs in the background on shared hosting servers. This tends to use a lot of system resources, and can impair service to other customers on that server.
Backups and Data Loss
Your use of the HostingTalent Web Hosting service is at your sole risk. HostingTalent is not responsible for any and all files and data residing on your account on our servers. HostingTalent does not maintain backup copies of customers web sites or e-mail. HostingTalent cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a web site will always be available. You agree to take full and sole responsibility for any and all files and data transferred to our servers and to maintain all appropriate backups of any and all files and data stored on any HostingTalent servers to which you have an account on. HostingTalent does not provide any sort of compensation for lost or incomplete data (even if the malfunction was due to negligence on HostingTalent's part). Always back your site up to your personal computer! We make no guarantees about the availability of backups.
Support Abuse
At HostingTalent, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given seven (7) days notice to find a new host. We will issue a refund only for the unused portion of pre-paid service.
Cron Jobs
We do allow Cron Jobs to be conducted on our servers. You can setup and manage the cron jobs for your account from the "Cron" section of your site's Control Panel.
File Hosting
File hosting and file storage of any type is strictly prohibited on any and all servers within the HostingTalent Web Hosting network. You MAY NOT use your HostingTalent account 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 HostingTalent account as storage repository for MP3, games, video, audio or music files. Your account may not exceed 10% of used space in MP3, games, video, audio or music files.
IRC (Internet Relay Chat)
We do not allow IRC or IRC bots to be operated on our servers. Any account found to be in violation of this provision will be immediately suspended and/or deactivated and no refund will be issued.
SSH, Root and Shell Access
For security reasons, We do not permit Shell, Telnet, SSH or root access to any of our servers.
Unsolicited Email (SPAM)
SPAMing, or the sending of unsolicited email, from a HostingTalent server or using a return email address that is maintained on a HostingTalent server is STRICTLY prohibited. Using SPAM to advertise a site hosted on HostingTalent's network also constitutes as a violation of this provision. HostingTalent will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.
Suspension/Deactivation
If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. HostingTalent reserves the right to remove any account without prior notice. If HostingTalent deactivates your account(s) for violating policy, your will forfeit your rights to a refund -- and none will be given. No refunds for advance payments, on deactivated accounts. Normal policy is a warning first, and account de-activation the second offense. Serious offenses may cause immediate de-activation. HostingTalent will be the sole arbiter as to what constitutes a violation of this provision.
Cancellation Policy
Client must submit service cancellations by opening a ticket through our client portal at least 7 days but not more than 30 days before the end of the service's billing cycle. Cancellation requests are not accepted through phone, email, fax, or any other method besides through opening a ticket through our client portal. You must have all account information to cancel an account. Only the authorized account holder may cancel the account.
In the event of cancellation, customer will automatically be billed for any excess bandwidth usage during the then-current monthly billing cycle.
Excessive Bandwidth Use
Client agrees that bandwidth usage shall not exceed the number of gigabytes per month for the services ordered by Client. HostingTalent shall have the right to take corrective action if Client's bandwidth usage exceeds the amount allocated by Client's service plan ("Allocation"). Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this agreement, which actions may be taken is in HostingTalent's sole and absolute discretion. HostingTalent believes in communicating with our clients and will try to work with our clients to resolve any overage issues before taking action which could cause a client's service to become unavailable.
Bandwidth usage is measured on a monthly basis coinciding with Client's billing cycle. Both incoming and outgoing traffic are counted. In the event that a customer exceeds the included allocation, HostingTalent may, at its sole discretion, collect a deposit in the amount of $1.50 per GB for the projected overage for the month.
Client agrees to pay HostingTalent any additional fees for bandwidth overages within 3 days of the invoicing period at a rate of $1.50 per GB of bandwidth used over the Allocation. Any bandwidth overage bill not paid within three (3) days of invoicing will subject the server and services to suspension.
Unused bandwidth allocations cannot be carried over to future months, or applied to other servers.
Account Termination
Violation of our anti-spam policy will be grounds for immediate account termination. Web sites deemed offensive, pornographic or racially degrading, by HostingTalent, will be removed from our servers without notice. Web sites promoting, making available or otherwise contributing to software piracy, hacking, spamming, denial of service attacks and/or damage to commercial networks or servers will be removed from our servers without notice and illegal acts will be reported and prosecuted. Abusive behavior of any type will not be tolerated.
Accounts using up enough server resources, to slow or crash a server, will be shut down without notice. If an account is shut down, due to server resource issues, we will (upon request) make a reasonable effort to help get the account unsuspended. This includes tracking down the offending program, if applicable, and/or making available other arrangements for hosting the account on a semiprivate or private server (additional fees may be required).
Server Activity
All server activity is logged. Any snooping, hacking, or other inappropriate activity of any type outside of your account, on our servers, will be grounds for termination. In addition, your account is for web and email use only, any other activities, at our sole discretion, will be grounds for termination as well.
Server Abuse
Any attempts to undermine or cause harm to a HostingTalent server or customer of HostingTalent is strictly prohibited.
HostingTalent will be the sole arbiter as to what constitutes a violation of this provision. Customers found in violation of this provision will be subject to account deactivation without refund. HostingTalent will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.
Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on HostingTalent, and the right to increase the amount of resources given to plans at any time.
Failure to Follow Policies
Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to HostingTalent's discretion). Any accounts and/or servers contained within HostingTalent's network must adhere to the above policies.
We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund--and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.
Changes to the (TOS)
HostingTalent reserve the right to revise, alter and update the above (TOS) without notice at anytime at its sole discretion and can apply any and all changes and updates retroactively.
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.