Ownership and Services PurchasedThe individual or entity set out in our records as the primary billing contact shall be the owner of the account.
Terms of AagreementThis Agreement becomes effective immediately when Customer clicks “I Agree.” (“Effective Date”) and remains effective and binding until terminated by either party as outlined below. This Agreement may only be modified by a written amendment signed by an authorized executive of HostnExtra, or by the posting by HostnExtra of a revised version.
Payments and BillingFee for Services ordered by You shall be charged beginning on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month. All fees are billed in United States Dollars ("USD") and are subject to change with thirty (30) days prior notice to you.
Late Payments and TerminationHostnExtra reserves the right to charge a late fee of 15% of due invoice or $3 which one is greater per invoice per month on late payments as a penalty. Invoices will be automatically considered late 1 day after the invoice is marked as overdue.
Overage Billing"Overage" is defined as usage of the Services provided by HostnExtra to You in excess of the allocated limitation. Overages are charged for Bandwidth and Professional Services (administrative time) used in excess of the amount allocated to Your account. You agree to pay the then-current Overage fees and charges for the HostnExtra services, including Administrative actions and bandwidth Overage fees, upon receipt of an invoice. Overage rates are $15.00/hour for administrative fees, and $0.10/GB of Premium Bandwidth, Billed in 100GB Blocks Overage fees can be avoided by subscribing to a higher service plan.
Cancellation and RefundsHostnExtra is not able to schedule cancellation for a specific time or date. To submit a cancellation request, please log in to your Client Portal, and request a cancellation under "My Services." When you request cancellation, we will follow this process: We will first contact you to confirm the cancellation and verify that you are authorized under your account to cancel it. Then, we will immediately suspend billing and cancel the account. We are not able to provide scheduled cancellations and all cancellations are effective either immediately or at the end of your billing cycle. Regarding mid-month or mid-period cancellations, HostnExtra will not issue pro-rated refunds for cancellations received in the middle of a payment cycle. Refunds will not be given on a pro-rated basis for Services provided in a given billing period. Receipt by you of any Services in a given period will obligate you to pay for the Services during that entire billing period.
Money Back Guarantee Terms and TerminationHostnExtra offers a 30 day Money Back Guarantee. This guarantee applies to shared hosting, java hosting, reseller hosting packages and for the annual billing period only. For monthly or any other term of billing we offer 15 days Money Back Guarantee. Once you cancel the service refund will be made within 10 days and if accounts cancelled/terminated by HostnExtra due to any violation of Terms or AUP do not qualify for the 15 or 30 day money back guarantee. Refund will be not provided if the service is used to test your program/script and cancel when it is done. Refunds are only provided if the server environment is incompatible or unable to provide the features required for your program/script or any issue which HostnExtra staff cannot solve. The following methods of payment are non-refundable, and refunds will be posted as credit to the hosting account for current or future Services: bank wire transfers, Western Union payments, checks, and money orders.
Chargebacks and Payment DisputesIf HostnExtra receives a chargeback or payment dispute from a credit card company, bank, or Paypal, your Services may be suspended without notice. A $50 chargeback fee (issued to recoup mandatory fees passed on to HostnExtra by the credit card company), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact HostnExtra’s billing team to address any billing issues. If HostnExtra appeals a chargeback or other payment dispute and wins the dispute or appeal, the funds will likely be returned to HostnExtra by the credit card company or bank. Any double payment resulting from this process will be applied to Customer's account in the form of a service credit.
Resource UsageThe use of your shared hosting account must be reasonable and you may not place excessive burdens on our servers. While our shared services are suitable for the bulk of our customers, there comes a time that your website(s) are better suited for a larger hosting package, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that uses a high amount of server resources (such as, but not limited to, CPU Time, Memory Usage, and Network Resources). At our election, you will be given an option of either upgrading the service level or reducing the resource usage to an acceptable level, otherwise we reserve the right to limit your use of our servers or take your site offline. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
Service ModificationsHostnExtra reserves the right to add, modify, or remove any or all features from any service HostnExtra provides, at any time, with or without notice. This includes, but is not limited to, disk space limits, bandwidth limits, domain limits, pricing, and third party applications. These changes can be made for any or no reason and HostnExtra does not guarantee the availability of any feature, whether written or implied. If the removal of a feature materially impacts your ability to use the Service, you may terminate this Agreement. For the purposes of this paragraph only, the term “materially” means that a reasonable business person would not have purchased the Services for the purposes used by you.
Uptime GuaranteeIn the event that there is no Web Site Availability, HostnExtra will credit your account with the monthly Fee for the Service as calculated below and as measured 24 hours a day in a calendar month. The maximum credit will not exceed the monthly Fee for the month during which HostnExtra does not meet the Uptime Guarantee.
Advanced SupportSupport to Customer is limited to HostnExtra’s area of expertise and is available only for issues related to the physical functioning of the Services. HostnExtra does not provide support for any third party software including, but not limited to, software offered by but not developed by HostnExtra. HostnExtra reserves the right to refuse assistance with and/or assess an "Advanced Support Fee" of $35.00 USD per hour (1 hour minimum) for any issue that, at HostnExtra’s sole discretion, is: (a) outside the scope of standard support; or (b) caused by customer error or omission. HostnExtra will always ask for your permission before providing advanced support that may be subject to a fee. By providing your permission, you agree to pay Advanced Support Fees as billed.
Backup ServicesYour use of HostnExtra's Services is at your sole risk. This service is provided to you as a courtesy. HostnExtra is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on HostnExtra's servers. Any and all backup services provided by HostnExtra, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity. Backups are performed on servers that house shared and reseller packages only. No backups are performed for virtual private server (VPS) or dedicated server packages, unless you specifically purchase an additional service for this purpose. If your hosting account exceeds 10 GB, the account will not be included in HostnExtra's automatic backup process.
Restrictions On Storage Space UsageAll web hosting and reseller accounts are subject to the following restrictions on storage space usage: a) accounts must have valid, working websites, and not violate any previously subscribed terms; b) accounts are not for use of mass storage of backups, files, audio, video, zip files or others, as determined by HostnExtra, at its sole discretion; and c) accounts are not for use of mass distribution of files, such as torrents or mirrors. Any account found violating these terms may be suspended or terminated without warning.
Limitation of Liability; Waiver and ReleaseThe services offered by HostnExtra are being provided on an "AS IS" and HostnExtra expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, HostnExtra expressly does not warrant that the HostnExtra products and/or services will meet Your requirements, function as intended, or that the use of the provided services will be uninterrupted or error free. In no event shall HostnExtra be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the services, even if HostnExtra is aware of or has been advised of the possibility of such damages.
IndemnificationAccordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge HostnExtra and all affiliates of HostnExtra, and all officers, agents, employees, and representatives of HostnExtra, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the products and services and Your acquisition and use thereof, including, but not limited to, the provision of the HostnExtra products and/or services by HostnExtra and its agents and employees. Further, You agree to defend, indemnify and hold HostnExtra harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should HostnExtra be notified of a pending law suit, or receive notice of the filing of a law suit, HostnExtra may seek a written confirmation from You concerning Your obligation to defend, indemnify HostnExtra. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that HostnExtra shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify HostnExtra of any such claim promptly in writing and to allow HostnExtra to control the proceedings. You agree to cooperate fully with HostnExtra during such proceedings.
TerminationYou agree that You will be responsible for notifying HostnExtra should You desire to terminate Your use of HostnExtra's Services. Notification of Your intent to terminate must be provided to HostnExtra no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date.
NoticeYou agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information you have provided.
Legal AgeYou attest that you are of legal age to enter into this Agreement.
No Agency RelationshipNothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
WaiverThe failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
Force MajeureNeither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over HostnExtra, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, HostnExtra may immediately terminate this Agreement.
EnforceabilityIn the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Assignment and ResaleExcept as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without HostnExtra's prior express written consent.
Changes to the Terms of ServicesChanges to the Terms of Services HostnExtra reserves the right to revise its policies at any time. The customer will be notified in advance about any such changes in 30 (thirty) days before any such changes become effective.
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