Reliable Website Hosting and Server Hosting from Hostivo.com

This Is Very Important!
Hostivo.com (“The Company”) agrees to furnish services to the “Subscriber”, subject to the following TOS (Terms of Service).

Use of Hostivo.com services represents acceptance and agreement to both Hostivo.com’s TOS (Terms of Service) and Hostivo.com’s AUP (Acceptable Use Policy). The TOS and AUP may be changed now and then at the discretion of the company. Subscriber understands that change to TOS and / or AUP by the company shall not be grounds for non payment or early contract termination.

1.) Term And Payment For Services
This agreement will be for an initial “Term” of 1 month from the date the services are first provided by Hostivo.com. This agreement will be automatically renewed (the “Renewal Term”) at the end of the initial term or any renewal term for a period of thirty (30) days unless you provide Hostivo.com with written notice of termination at least 30 days before the end of the Initial Term or Renewal Term (This is also referred to as “Term”), whichever is then relevant. To provide your notice of termination you may submit a ticket through our support desk. When submitting a ticket you must have “notice of termination” in the subject field. This will then initiate the cancellation of your service. Pricing and duration of terms modified only if in writing signed by Hostivo.com.

2.) Service Termination
This agreement may be terminated: (i) by you or Hostivo.com during any Renewal Term, without cause, by giving the other party no less then seven (7) days prior written notice, or a greater number of days prior notice if specified in a Service Order by Hostivo.com; by Hostivo.com, at any time without notice, if, in Hostivo.com’s sole judgment, you are in violation of any terms or conditions of the AUP. If you terminate this Agreement, or if Hostivo.com terminates this agreement for your breach, before the end of the Initial Term or the Renewal Term, whichever is then relevant, you will be required to pay immediately all fees and costs accumulated before the termination date, all monthly recurring fees for each month remaining in the Term and any other amounts you owe to Hostivo.com under this agreement; (iii) by Hostivo.com in the event of nonpayment by you as provided in section 4 below.

3.) Fees
You will pay all fees for your use of the services at the then current Hostivo.com prices for that category of service or any special offer applicable to your account as determined by Hostivo.com. You are fully responsible for paying all federal, state, and local fees related to taxes. You are responsible for all costs of collection of all amounts owed under this agreement, including reasonable attorney’s fees of Hostivo.com.

4.) Payment
You ill pay all charges for the first month of service offered by Hostivo.com in advance on the first day of the Initial Term. You will pay all succeeding charges for services in advance on the anniversary day of each month. You must pay for the services by credit card (unless you and Hostivo.com come to an agreement about another payment method). You authorize Hostivo.com to charge your credit or debit card for any charges that may apply to your account. You must notify Hostivo.com of any changes to your card, your billing address or any information that might forbid Hostivo.com from billing your card. Your failure to fully pay any fees and taxes within 48 hours from the relevant due date is a material breech of this agreement, mitigating Hostivo.com to suspend its performance and terminate this agreement. If Hostivo.com terminates this agreement for your material breech, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the term and any other amounts you owe to Hostivo.com under this agreement. You are responsible for any costs Hostivo.com incurs in enforcing collection, including court costs, collections agency fees, and reasonable attorneys’ fees. To reinstate services, you must pay for three (3) months of service in advance on the first day such services are reinstated as well as any fees associated reinstating services to Hostivo.com.

5.) Refund and Disputes
All payments to Hostivo.com are nonrefundable. This includes any relevant setup fees and consequent charges in spite of usage. All billing disputes or overcharges must be reported within 50 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Hostivo.com’s sole discretion is a valid charge under the requirements of this Agreement and/or AUP, you agree to pay Hostivo.com an “Investigation Fee” of $120.00.

6.) Intellectual Property Rights
Your representations and warranties to Hostivo.com. You signify, justify, and pledge to Hostivo.com that: (a) you are at least 18 years of age if an individual; (b) you possess the legal right and ability to enter into this agreement; (c) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate regulation, applicable law or ordinance; and (d) you will use the services only for lawful purposes and in accordance with this agreement and all applicable policies and guidelines, including the AUP.

7.) Use of Services
Acceptable Use Policies: The AUP governs the general policies and procedures for use of the services. The AUP is posted and may be accessed from almost any page on the website, and may be updated here and there. By using our services, you agree to be bound by the terms of the AUP and any modifications to the terms. Hostivo.com may terminate your account without notice for any violation of the AUP or this agreement. Security: You are solely responsible for any security breeches affecting server or accounts under your control. If your account including but not limited to shared, reseller, VPS or server hosting is responsible for or involved in an attack on or unauthorized access into another server or system, Hostivo.com will shut it down immediately. You will pay and charges consequential from the cost to correct security breeches affecting Hostivo.com or any of its customers.

8.) IP Numbers and Addresses
Hostivo.com will maintain and control ownership of all Internet Protocol (“IP”) numbers and addresses that Hostivo.com may assign to you. Hostivo.com may, in its sole discretion, change or remove any and all IP numbers and addresses.

9.) Third Party Products
Hostivo.com may provide you access to other third party software and/or services (“Third Party Products”) through reseller relationships Hostivo.com has established with certain commercial vendors. Unless otherwise notified, Customer understands that product support for Third Party Products is provided by Hostivo.com and not by the Third Party Vendor. Neither Hostivo.com nor any Third Party Vendor makes and representations or warranties, express or implied, regarding any third party products. You Shall not (i) remove obscure, or modify trademark, copyright or other proprietary notices that appear on any Third Party Product or that appear during use of any Third Party Product; or (ii) decompile, reverse engineer, or disassemble and Third Party Product, except and only to the extent that such activity is expressly allowable by applicable law in spite of this limitation.

10.) Enforcement Actions
Hostivo.com reserves the right to suspend or terminate the Service immediately or take any other corrective action it deems appropriate in its sole discretion if in the sole judgment of Hostivo.com your account or server is the source or target of any violation of the AUP or for any other reason which Hostivo.com chooses. If unsuitable activity is detected, all of your accounts in question will be deactivated until an investigation is complete. Prior notification to you is not guaranteed. In some cases, law enforcement will be contacted regarding the activity. These rights of action, however, do not necessitate Hostivo.com to monitor or wield editorial control over the information made available for distribution via the Services. If Hostivo.com takes corrective action because of a possible violation, Hostivo.com will not refund to you any fees you paid in advance of the corrective action.

11.) Disclaimed Warranties
Hostivo.com exercises no control over, and accepts no responsibility for, the content of the information passing through Hostivo.com’s host computers, network hubs and points of presence, or the Internet. The use of our services means that you accept all terms.

12.) Disclosure Rights
The AUP specifically prohibits the use of our service for illegal activities. Therefore, you agree that Hostivo.com may disclose any and all of your information including assigned IP numbers, account use, account history, etc. to any law enforcement agent who makes a written request without further consent or notification to you. Additionally, Hostivo.com shall have the right to terminate all service set forth in this agreement.

13.) Limitations
In no way will Hostivo.com or its suppliers be liable for unauthorized access to or theft, alteration, or destruction of information distributed or made available for distribution via the services, through fraudulent means, accident or devices. Hostivo.com com or its suppliers will not be liable to damages even if Hostivo.com has been notified of the damage. The liability of Hostivo.com and its suppliers to you for any reason and upon any cause of action is limited to the amount you actually paid Hostivo.com under this agreement during the three months immediately before the date on which the claim ensued. You release Hostivo.com and its suppliers from any and all obligations, claims and liabilities in excess of this section of the agreement.

14.) Indemnification
In agreeing to the Hostivo.com AUP and this agreement, you agree to assure, defend and hold harmless Hostivo.com, its employees, directors, officers, partners, affiliates and representatives, for any violation by you or your customers of the AUP or this Agreement that results either in (a) any cost, expense, damage or loss to Hostivo.com, or (b) the bringing of any claim against Hostivo.com by any third-party, and all costs, expenses, damages, and losses associated therewith. For example, if Hostivo.com is sued because of your or your customer's activity related to the services, you will pay any damages awarded against Hostivo.com, its employees, directors, officers, partners, affiliates and representatives, plus attorney's fees and all costs.

15.) Interruption of Service
Hostivo.com and its suppliers are not liable for any temporary delay, outages or interruptions of the Services. More, Hostivo.com is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any act of God or other cause beyond its reasonable control (including, any mechanical, electronic, communications or third-party supplier failure).

16.) Miscellaneous Provisions
Hostivo.com and you agree that, except as otherwise expressly provided in this agreement, the Order Form(s) or the terms and conditions of use of any third party software products, there shall be no third party beneficiaries to this agreement, including but not limited to the insurance providers for either party or your customers. In the event any provision of this agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this agreement will remain in full force and effect. The waiver of any breach or default of this agreement will not constitute a waiver of any ensuing breach or default, and will not act to amend or negate the rights of the waiving party. You may not sell, assign or transfer its rights or delegate its duties under this agreement either in whole or in part without the prior written consent of Hostivo.com, and any attempted assignment or delegation without such consent will be void. Hostivo.com may assign this agreement in whole or part. Hostivo.com also may delegate the performance of certain services to third parties. All notices, demands, requests or other communications required or permitted under this agreement shall be deemed given when delivered personally, sent by facsimile upon confirmation, sent and received by return receipt email, or upon receipt of delivery of overnight mail. You and Hostivo.com are independent contractors and this agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between you and Hostivo.com. This agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter.

17.) Survival
All provisions of this agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations will survive the termination or expiration of the agreement.