Universal Terms of Service Agreement
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
These Universal Terms of Service Agreement (this “Agreement”) is entered into by and between HosterSale.com and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.
Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable product agreements, which are incorporated herein by reference:
The terms “we”, “us” or “our” shall refer to HosterSale. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
HosterSale may in its sole and absolute discretion change or modify this Agreement and any policies or agreements which are incorporated herein at any time and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, HosterSale may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. HosterSale assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
This Site and the Services are available only to the Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the law other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If after your electronic acceptance of this Agreement, HosterSale finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. HosterSale shall not be liable for any loss or damage resulting from HosterSale’s reliance on any instruction, notice, document or communication reasonably believed by HosterSale to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, HosterSale reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
GENERAL RULES OF CONDUCT:
You acknowledge and agree that:
- Your use of this Site and the Services , including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
- You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
- You will not use this Site or the Services in a manner (as determined by HosterSale in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site or the Services found at this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
- Contains false or deceptive language, or unsubstantiated or comparative claims, regarding HosterSale or HosterSale’s Services.
- You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by HosterSale.
- You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
- You will not access HosterSale Content (as defined below) or User Content through any technology or means other than through this Site itself, or as HosterSale may designate.
- You agree to back-up all of your User Content so that you can access and use it when needed. HosterSale does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
- You will not re-sell or provide the Services for a commercial purpose, including any of HosterSale’s related technologies, without HosterSale’s express prior written consent.
- You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
- You are aware that HosterSale may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow HosterSale, in its sole discretion, to record the entirety of such calls regardless of whether HosterSale asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which HosterSale is a party.
HosterSale reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL HosterSale, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT HosterSale IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall HosterSale’s total aggregate liability exceed $10,000.00 U.S. Dollars.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
Examples of Unacceptable Material On All Servers Include:
- Pirated Software/Warez
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Sending Denial of Service (DDoS) attacks
- Malware or virus storage
- Illegal activities including but not limited to ponzi schemes, pyramid schemes, phishing, scam websites and pirating software
- Any form of file hosting , file storage, file sharing, cyberlocker or similar activity is prohibited
- IP spoofing
- IRC egg drops
- Script use 100% Cpu
- Resource intensive scripts (CPU, I/O, Network)
- Fraudulent site
- BOT script use high resource
- Spammer & Spam Script
You may not place excessive burdens on our CPUs, servers or other resources, including our customer support services. You understand that bandwidth, connection speeds and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result our need to place restrictions on your use of the Services. You agree that we may place restrictions on your use of the Services or customer support services to the extent that they exceed the use of these resources by similarly situated customers.
Web hosting accounts are allowed to use a maximum of 600,000 inodes. Backups older than 15-days in a customer account may be removed from the server at our discretion. Complimentary Server Rewind for web hosting backups are limited to a 10GB quota. If you exceed 10GB of disk usage in your account, your account will no longer be backed up. Please download any cPanel backups and store them locally.
HosterSale handles any and all DMCA complaints very seriously, and will investigate them. HosterSale reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended or terminated. If you believe that your copyright or trademark is being infringed upon, please email at [email protected] with brief information. We may require further documentation. We take DMCA Complaints extremely seriously, save yourself and us the trouble.
Unlimited SSD hosting space may only be used for web files, active email and content of User Websites. However, please realize that there are many other users on your server. Unlimited SSD shared hosting space may not be used for file storage (whether of media, emails, or other data), including, as offsite storage of electronic files or email storage.
You are not allowed to use:
- File Upload / Sharing / Backup / Mirroring / Distribution / Archive sites.
- Sharing your account resources whether for free or for pay.
- Image Dumps / File Dumps.
- Storing copyrighted material of which you are not the owner.
- Storing content or media that is not related to an active website.
- Storing Video Sharing.
- Storing Mp3 Sharing.
Email and Spamming:
Unsolicited commercial advertisements (‘SPAM’) are not allowed in e-mail, and will likely result in service termination. HosterSale takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be suspended, if no action within 24 hours your account get terminate and no refund.
NOTE – If YOU use the services of another provider to promote a website hosted by or through Joadtechost (‘spamvertising’), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
Disclaimer of Warranties:
HosterSale does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law HosterSale disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law, all services are provided on an “As Is” basis.
U.S. EXPORT LAWS:
This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
FOR Pakistan RESIDENTS ONLY:
You expressly agree that: (i) HosterSale (or its service provider) may contact you by phone in order to resolve your complaint or dispute, or your current service or billing issue; and (ii) in order to resolve such complaint, dispute or issue, HosterSale may use and may disclose to its service provider the following information: call recordings, customer name, phone number(s) and contact preferences, tenure of your relationship with HosterSale, products used, and information about the nature of your complaint, dispute, or service issue.
COMPLIANCE WITH LOCAL LAWS:
HosterSale makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY:
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
ENGLISH LANGUAGE CONTROLS:
This Agreement, along with all policies and the applicable product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration.
Your satisfaction is our top priority and we’re confident you’ll be pleased with our services. Still, if you try us and decide your account does not sufficiently meet your needs, you can cancel within 30 days for a refund as follows.
- If you cancel within 30 days you receive a full refund out of network fee, on your hosting service.
- Our money-back guarantee applies to shared hosting or unlimited hosting, but does not apply to most add-on products, such as IP, given the unique nature of their costs.
- Our Refund does not apply to Paypal, there is no refund for Paypal.
All payments to HosterSale are non refundable (unless covered by Money Back Guarantee). This includes any setup fees and monthly fees regardless of usage.
We are confident that you’ll be pleased with the HosterSale performance and support, however for your peace of mind we offer a no-quibble 30 Days Money Back Guarantee on all shared hosting plans, managed hosting and other service. We take pride in our business so we’ll probably ask you why you are leaving, but you will get a refund of hosting fees (remainder of the term) within 72 hours of requesting it.
- Refund not applicable on domain registration fees.
- Refund not applicable for express service clients.
- Refund not applicable for License service and Addons.
- Refund not applicable for any delays out of our control.
- Refund not applicable if your service not have problem.
- Refund not applicable if our server not have issue.
- Refund can not be requested if service is more than 30 days
Please note, that we reserve the right to reject your refund request for any reason at any time.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. This Company’s logo is a registered trademark of this Company in the Pakistan, United Kingdom and other countries. Except to the extent provided by law, you must not use, copy, reproduce, republish, post, broadcast or transmit any part of the website or its content for any other purpose without our express prior written consent. This includes (but is not limited to) reproducing or storing any part of the website or any of its content in any other website or in any public or private electronic retrieval system or service.
If you have any questions about this Agreement, please contact us by the following details:
Email: [email protected]