Effective Date: September 9th, 2012
Our Hosted Safe TOS provides a solid basis of trust in dealings between the owners of HostedSafe.com and their customers. It is written in plain language and seeks to be free of any ambiguity.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Hosted Safe utilizes FraudRecord to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord using non-identifiable anonymous information.
Money Back Guarantee & Refund Policy
We offer a 30 day money back guarantee for new hosting accounts. No refunds can be given for domain registrations or SSL certificate purchases, even if these are obtained as part of a hosting package.
All services provided by Hosted Safe may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any federal, state or city 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 statute.
The client agrees to indemnify and hold harmless Hosted Safe from any claims resulting from the use of service which damages the client or any other party. Prohibited are sites that promote any illegal activity or present content that may be damaging to Hosted Safe’ servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY,WITHOUT NOTICE. ADDITIONALLY, IF CONSIDERED APPROPRIATE, Hosted Safe WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
We do not allow IRC or IRC bots to be operated on our servers.
Traffic Usage and Disk Space
All account plans come with a predetermined amount of traffic allowance and disk space. We make no claims of “unlimited” for either traffic allowance or disk space. Those that do limit accounts in other ways, usually by cpu usage or limits on numbers of files or folders on each account. Our account allocations are generous for the plans offered.
Irrespective of the available disk space on your hosting plan, disk space is to be used only for files necessary for the operation of your website(s) and related short-term email storage. It is not to be used for archiving of multiple backup files and other redundant files. These should be stored on local hard drives (your computer) or archive services such as Amazon S3. Non-compliance will result in a warning, and if necessary, website suspension until resolved.
The client is responsible for ongoing maintenance and security of their website(s). As our customer you are responsible for all your accounts. This includes but is not limited to updating of software, plugins etc, and ensuring security of login credentials and passwords. If a hosting account is found to be infected with a virus or malware, or sending spam email, or anything else that may bring the reputation of the server or ip into disrepute, the account will be suspended. We will then advise you by e-mail to provide you with an opportunity to correct the problem so the website can be re-activated.
Any attempt to undermine or cause harm to a server or customer of Hosted Safe is strictly prohibited.
Customers acknowledge that web or email hosting products are not designed for sending mass email campaigns such as newsletters or promotional emails. Customers may use the web or email hosting products to send and receive reasonable amounts emails as would be expected during normal business or personal operations.
Violations of these Acceptable Use Policies should be notified to Hosted Safe via email or Contact form. All complaints will be investigated promptly.
Failure to comply with any terms or conditions will result in the automatic suspension of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Hosted Safe sees fit. Hosted Safe reserves the right to determine what violates this policy and violation may result in cancellation of services without refund.
For billing purposes, periods are deemed to begin on the anniversary of start of service. ie. If a hosting service is begun on the 15th of any given month that will be the date the service is renewed from.Hosted Safe shall deliver by e-mail an invoice in accordance with the applicable Service Fees for domain hosting and/or registration payable in advance.
Charges for other Services undertaken by Hosted Safe will be delivered by email invoice and payable immediately. When an invoice is delivered to the client, payment shall be remitted to Hosted Safe by no later than the specified payment due date. Hosted Safe shall be entitled to immediately terminate this agreement for client’s failure to make timely payments.
Termination by Client and Refunds
If client terminates their hosting agreement, they shall be responsible for any and all outstanding fees owed to Hosted Safe and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, irrespective of payment period, the client will be responsible for service fees incurred for that month, regardless of when client provides notice of termination.
For example, if the client provides notice of termination on any given day of a particular month, the client will be responsible for service fees through to the monthly anniversary date, and such fees will not be pro-rated or refunded. We DO NOT refund partial monthly fees to accounts.
If client has retained website hosting services annually or semi-annually and has pre-paid Hosted Safe for such services, refunds will be issued for any unused full month of the services, upon client’s request. Therefore, if client’s account is cancelled at any point during the term, client will be entitled to a refund for the months remaining.
No refunds can be given for domain registrations or SSL certificate purchases.
Disclaimer and Limitation of Liability
Hosted Safe shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Hosted Safe servers going off-line or being unavailable for any reason whatsoever. Furthermore, Hosted Safe shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Hosted Safe servers. All damages shall be limited to the immediate termination of service.
Hosted Safe cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicted estimate of profits which a client would have gained if their site was functioning. Certain services provided by Hosted Safe are resold by upstream providers. Thus, certain equipment, routing, software and programming used by Hosted Safe are not directly owned or written by Hosted Safe. Moreover, Hosted Safe holds no responsibility for the use of our clients’ accounts.
Hosted Safe hosted websites are automatically backed up daily to a separate hard drive within the data center.
No one can guarantee that problems cannot occur. Hardware can fail, software can be corrupted.
However we are confident that our backup strategy provides robust server-level data security for our customers.
Important! Although our backup policy and execution is of the highest standard, and continually checked for efficiency of operation, we make no guarantees regarding backups. It is strongly recommended that customers take their own backups as required. Every hosting customer’s cPanel portal offers simple backup solutions.
That said, if any customer accidentally deletes any of their own data and does not have a valid backup, please contact Hosted Safe support. We will make every effort to assist in restoring customers’ websites from our backups.
Server Uptime Guarantee
Although HostedSafe has an excellent record for reliability, we do not offer an uptime guarantee. Our network and servers are monitored continuously, all equipment is at minimum server quality, and upgrades and maintenance are performed proactively. We assure clients that our team will rectify any hardware or core software problem in the shortest possible time-frame should a problem occur.
By activating your account with HostedSafe, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
Hosted Safe reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
Terms of Services Revision date: 20th February 2014
Terms of Services Revision date: 20th May 2018
Terms of Services Revision date: 4th January 2019