Dedicated & VPS Hosting Terms of Service

Hotwire Networks

 

   

 

 

Hotwire Networks provides web hosting services to subscribers throughout the globe. The terms of service detailed below are created to provide the greatest level of service possible.

Content

Services provided by Hotwire Networks may be used for legal purposes only. Transmission, presentation or storage of any data, information or materials in violation of any United States Federal, Local or State law is strictly forbidden. This includes, but is not limited to: material that jeopardizes national security, copyrighted material, material we deem to be obscene or threatening, or material protected by trade secret or other laws. The subscriber consents to hold harmless and indemnify Hotwire Networks, from any claims as a result of the subscriber's use of Hotwire Networks services which result in damage to the subscriber or any other party.

Examples of prohibited content or links include (but are not confined to):

  • IRC Software
  • Hacking sites, archives or programs
  • Pirated software
  • Distribution of any materials or music files where the copyright is not owned by the subscriber or account holder
  • Warez Sites

Hotwire Networks will be the exclusive arbiter as to what constitutes a violation of these provision. Hotwire Networks will remove any content that does not adhere to these standards without advance notice.

Hotwire Networks deems it a violation of these terms of service to house any of the following file:

IRC - We do not allow IRC, BNC, Egg Drops, or IRC bots to operate or function on our network or on our servers. Files with relation to IRC or any simile thereof are strictly prohibited.

Proxies - We do not permit proxy servers of any kind, whether for business or personal use. Files with references to any proxy or simile thereof are strictly prohibited.

PortScanning - PortScanning of any kind is not allowed on our network or servers or from out network or servers.

Email - Commercial Advertising

  • Spamming or the dispatching of unsolicited email, from any Hotwire Networks server or any server located on the Hotwire Networks network is completely prohibited. Hotwire Networks will be the exclusive arbiter as to what is deemed a violation of this policy. Opt-in and Opt-out email programs are also included as violations of this policy along with emails that either directly or indirectly references a domain incorporated within an account at Hotwire Networks.
  • Running Unconfirmed Mailing Lists. Email address subscriptions to any mailing list without the verifiable and express permission of the email address owner, is strictly prohibited. All mailing lists operated by Hotwire Networks customers must be .Confirmed Opt-in. or Closed-loop. Hotwire Networks requires that each subscription confirmation message received from each individual address owner be kept on file for the duration of the existence of the mailing list. Selling, Purchasing, or employing lists of email addresses from 3rd parties for mailing to or from any Hotwire Networks Inc.-hosted domain, referencing or relating to any Hotwire Networks account, is strictly prohibited.
  • Transmitting, advertising, or making available in any way, any program, software, service or product that is designed to contravene this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send unsolicited bulk text messaging or bulk email, flooding, initiation of pinging, text-bombing, mail-bombing, denial of service attacks or unsolicited is not allowed and is prohibited.
  • Unauthorized cultivating and/or collecting, gathering or storing of email addresses, without prior authorization of the email address owner is not allowed and is prohibited.
  • Operating an account in connection with or on behalf of, or reselling any service to, firms or persons listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is strictly prohibited.
  • Commercial email marketing businesses and companies are required to comply with the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003. Additionally such companies are prohibited dispatching any form of bulk mail from "disposable domain names" with privacy protection.

Promotions & Advertising Limitations

In the following scenarios Hotwire Networks clients are prohibited and not allowed to promote, advertise, or making claims related to services hosted on the Hotwire Networks infrastructure. This limitation encompasses what is allowed to be stated on your website, to customers, in advertising and promotional materials. This constraint applies to claims by the client related to hosted services by Hotwire Networks.

  • Claims related to or regarding DDOS Mitigation or any similar service including, but not confined to, denial of service mitigation, proxy protection, denial of service protection or dos or ddos services.
  • Any unlawful or illegal activities
  • Any services with the intention to scam, defraud, defame, entice or coerce others into unlawful activity.

Server Abuse - Any attempts to cause harm or undermine a Hotwire Networks subscriber or Hotwire Networks server is forbidden including, but not confined to:

  • Logging into an account or server that you do not have authorization to access
  • Taking any action or accessing data action to procure services not meant for you or your use
  • Attempting or trying to scan probe or test the weaknesses of any system, network or subsystem
  • Tampering, modifying, hacking, or otherwise breaching or corrupting authentication or security without proper prior authorization
  • Transmitting materials that contain Trojan horses, viruses, time bombs, worms, cancelbots and/or other computer programming engines or routines with the intention or result of disrupting, destroying, damaging or otherwise debilitating a computer's functionality or the operation of the System
  • Intercepting, interfering with or taking possession of any system, information or data
  • Impeding service to any user, network or host including, without constraint, by methods of overloading, "crashing," "mailbombing," .flooding," or any computer system

You will be held responsible for all actions performed by your account whether it is actioned by you or done by others. All sub-networks of Hotwire Networks and all Hotwire Networks dedicated servers must strictly comply with the policies above.

Account Authorization and Password Security

Hotwire Networks allows customers flexibility over their own account access, passwords and procedures for authorization. Customers have the responsibility of choosing the appropriate procedures for authorization and choosing the correct information to be used for account authentication. It is the duty of the customer to safeguard the information used to authenticate their account(s). Account access, server security and password security are the exclusive responsibility of the customer. Hotwire Networks will not be liable for any direct or indirect damages resulting from hacking, unauthorized access to your account or password compromise.

Technical Support & World Class Support

Hotwire Networks World Class Support includes access to technical support provided by email, phone and livechat. Hotwire Networks offers three levels of our World Class Support designated as Fully Managed Support, Core Managed Support and Self Managed Support. Information about each level of support are outlined at: https://www.hotwirenetworks.com/support/support-overview.html

Hotwire Networks technical customer support is strictly confined to Hotwire Networks direct customers. Technical support is not provided or offered to in-direct clients. For example, a Hotwire Networks Customer.s client is not entitled to World Class Support from Hotwire Networks and should not at any time be given Passwords, Account Access or Passphrases for Hotwire Networks World Class Support. It is the duty of the Hotwire Networks customer to insure adherence with this policy.

Best Effort Support

Hotwire Networks when possible, will, as a kindness to its customers, give Best Effort Support for applications, products and 3rd party software not specifically covered within the customer management contract. Best Effort Support means that as a courtesy and when possible Hotwire Networks support technicians will offer their best effort to provide our customers extra support. Best Effort Support is not a guarantee and may differ dramatically. No guarantees or warranties are offered when utilizing Best Effort Support.

Hotwire Networks provides Bundled Bandwidth Packages for Internet Data Transfer

Outgoing bandwidth transfers will be used to determine individual bandwidth usage when purchasing a Bundled Bandwidth Package. Incoming data transfers are not calculated towards individual bundled bandwidth usage. Bandwidth overage fees will be charged if actual data transfer usage goes beyond the amount of your specific bandwidth package. The additional charge will be added to your Bundled Bandwidth Charge. The bandwidth overage fee will be detailed in your order. Currently the bandwidth overage fee is declared $0.25 per Gig.

Currently free: Incoming data transfers

Overage Fees and CDN (Content Delivery Network) Bandwidth

When opting to use our Content Delivery Network (CDN) to improve your website speed, including but not confined to, videos/images/etc on said website, the customer is liable for all bandwidth costs related to the delivery of your website content via the public internet. This liability includes bandwidth costs as a result of piracy. Hotwire Networks makes options easily accessible that can prevent overage charges as a result of .hot-linking.. All assets are assigned a CDN URL when utilizing a CDN. There are 3rd party sites or individuals, or that will target these asset URLs and serve them without obtaining the website owner.s permission. We firmly recommend that you employ methods to protect your content, yourself and your invoice from piracy and hot-linking. Due to the variety of customer preferences, Hotwire Networks does not facilitate hot-linking protection measures by default. Hotwire Networks recommends that you take the necessary steps to protect yourself including but not confined to:

  1. Verifying alerts that contain information on unusual CDN bandwidth usage
  2. Constantly monitor bandwidth utilization
  3. Implement proactive measures making access to your website.s source code significantly more laborious

Dedicated Server Support

Hotwire Networks provides dedicated server maintenance and basic support at its discretion. In the unlikely event of erroneous occurrences or if support issues going past what we determine to be within the domain of reasonable assistance, support is priced as follows:

  • $50 per hour

Downtime and Scheduled Maintenance

Hotwire Networks will use its commercially reasonably efforts to provide services 24 hours a day, 7 days/week. Subscriber understands that from time to time services may be inoperable or inaccessible for a variety of reasons, including upgrades or "Scheduled Downtime., periodic maintenance procedures, or service malfunctions. This includes causes beyond Hotwire Networks control or which are not reasonably foreseeable by Hotwire Networks, including but not confined to the failure or interruption of digital transmission links or telecommunications, network congestion, hostile network attacks or other failures. 48 hours advance notice will be provided by Hotwire Networks to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to diminish all other disruption, inoperability and/or inaccessibility of its web servers. Hotwire Networks is not responsible for downtime which results from a user's actions. Also, the 99.99% network uptime guarantee does not apply for shared accounts.

Refunds

Refunds are granted for FULL months only. The ONLY exceptions are shared hosting plans or other plans including a 30 day money back guarantee. Virtual Private, Virtual Dedicated and Dedicated servers do not include and will not be included for the 30 Day Money Back Guarantee. Written cancellation notice must be given before the month in question begins. Setup fees are NON refundable. The cost of the purchase domain will be deducted from the money refunded if the user's domain was registered via Hotwire Networks free domain registration methods.

Any violation of Hotwire Networks Terms of Service Agreement shall result in no refund.

Account Setup, Billing and Termination:

Each and every account is charged on the day in which the order is processed, regardless of the account billing date. The account will not be charged again until the next month.s billing cycle. Billing dates are recurrent on the day on which the account was opened.

Check Orders: Accounts for subscribers wishing to pay by check will be setup once the check is received by Hotwire Networks.

Credit Card Charge Backs and Returned Check Fee A penalty fee of $25 for each returned check will be charged to any customer.s account for each check not honored by the customer.s financial institution. If the check was returned in error, this fee will be waived, providing that the required documentation supporting the error is submitted. In order to guarantee that services remain available and online, the returned check and penalty fee must be paid immediately. Check cashing privileges will be revoked if a customer or anyone paying on the customer.s behalf has written two or more returned checks. In the event that a returned check was used to pay for more than one customer.s account, each account will be assessed the $25 returned check fee. Payments made by a returned check are reversed from the customer account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in server suspension and/or account termination. If the account is terminated all information within the account will be expunged.

A $50 credit card charge back fee will be assessed to any customer.s account for any charge back received by their financial institution. The penalty fee and the original charge amount must be immediately paid in order to guarantee that services will remain available and online. A customer or anyone paying on the behalf of the customer who has used a credit card to pay for services ending in 2 or more charge backs, will result in revocation of credit card payment privileges (full payment will be required and due via wire transfer or money order). If the credit card charge back resulted in error, this fee will be waived and credit card payment privileges reinstated, provided that supporting documentation is submitted. If a credit card was used to pay for more than one customer account resulting in multiple charge backs, each account will be assessed the $50 fee. Received charge backs are reversed from the customer.s account, leaving the balance due and immediately payable. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in account termination or server suspension. In the event of account termination all information within the account will be expunged.

EVENT OF DEFAULT BY CUSTOMER (Disabling of accounts due to overdue payment). Within 14 days of an unpaid invoice date, Hotwire Networks reserves the right to disconnect service without further warning. Customer must pay all past due charges up to the day of service disconnection in order to reconnect services disconnected for non-payment. Hotwire Networks reserves the right to charge a reconnection fee of up to $50 may be charged is your account has been disabled for non-payment.

REMEDY UPON DEFAULT; TERMINATION. In addition to all rights and remedies granted to Hotwire Networks in this Terms of Service (including, but not confined to, the right to levy and collect Late Charges), in the instance of an Event of Default, Hotwire Networks shall have the right (a) to stop providing the Services to Customer without advance notice to Customer, (b) With no less than one (1) business days written notice to Customer, to terminate the Hosting Services. Customer will be held accountable for all costs and expenses. In the event of such termination of service, Customer consents to and will immediately pay to Hotwire Networks all fees and other amounts due and owing for Services provided through and including the effective date of termination.

Cancellation Procedure: Legitimate verification of account ownership will be required to terminate an account. This includes, but is not limited to, the billing password or an account passphrase created by customers. Non-secure information, such as contact email address or the account billing address is not sufficient evidence as valid security verification. The month-to-month agreement for services is automatically renewed each month in perpetuity subject to written cancellation via an email sent to support@hotwirenetworks.com (email subject to valid proof of account ownership) or help desk ticket (https://www.hotwirenetworks.com/clientarea.php) or Hotwire Networks will be unable to schedule the cancellation requests. Customer is responsible for any fees incurred for Services to customer if a valid cancellation request is not submitted.

Courtesy Services for Customers

All services such as Cpanel and backup are provided for the courtesy of the subscriber. The subscriber is exclusively responsible for maintaining the subscriber's own backup of any data. Hotwire Networks is not responsible for lost data or for data lost due to third party software that is not maintained by Hotwire Networks programming team. (Cpanel is not associated with Hotwire Networks)

Promotional Use

Hotwire Networks may refer to your company, your logos or you for promotional reasons. Your company logos, name and the services that Hotwire Networks provided to the customer may be used in advertising, promotional materials, newsletters, marketing releases, public disclosures as well as on the Hotwire Networks website. Hotwire Networks will strictly limit this reference to disclosures that Hotwire Networks has provided services to your company. It will not incorporate any sensitive, confidential or proprietary information in such a reference. The reference will also not relate any identifiable personal information about the individual or any technical information regarding the server design and configuration utilized by the Hotwire Networks customer. However, Hotwire Networks may impart any information requested or required by law enforcement or when required by applicable laws, court orders or regulations.

Any professional services or work provided or performed by Hotwire Networks entailed in this Agreement shall not be deemed .Work For Hire. but Hotwire Networks swill grant a non-transferable, non exclusive license to You, for the term of said Agreement, its employees, third parties and affiliates commissioned by Hotwire Networks.

Microsoft Software License Policy

Microsoft Corporation, as well as Hotwire Networks company policy, does not permit mixing of Microsoft license ownership. For example, a customer prohibited from using a Hotwire Networks purchased Hotwire Networks Windows Server license in combination with their own customer license of MSSQL or any other Microsoft Product. This is a direct violation of Microsoft Corporation.s licensing policies. The customer would have to acquire all their Microsoft licenses through Hotwire Networks. In some instances, we can allow the customer to supply all Microsoft licensed products, including the OS. Licenses may not be mixed with Hotwire Networks licensed Microsoft Corporation.s products. All licenses must be provided by the customer. Any questions regarding this policy can be brought to our attention at sales@hotwirenetworks.com

Limitation of Damages or Liability

EXCEPT AS DETAILED IN THE SERVICE LEVEL AGREEMENT, INC SHALL NOT BE LIABLE TO CUSTOMER FOR HARM RELATED TO OR CAUSED BY CUSTOMER'S SERVICES OR INABILITY TO USE THE SERVICES UNLESS PRODUCED BY WILLFUL MISCONDUCT. INC. IS NOT LIABLE TO CUSTOMER FOR INDIRECT, SPECIAL OR INCIDENTAL LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF INC AND ANY OF ITS AGENTS EMPLOYEES OR AFFILIATES, UNDER ANY THEORY OF LAW WILL NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED ON THE ACCOUNT. EXCEPT IFOTHERWISE OUTLINED IN THIS TERMS OF SERVICE AGREEMENT, INC PROVIDES ALL PRODUCTS AND SERVICES "AS IS", WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT CONFINED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE UNIQUELY RESPONSIBLE FOR THE USE, SELECTION, AND SUITABILITY OF ANY SERVICE AND PRODUCT AND INC SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FOREGOING. CUSTOMERS ARE RESPONSIBLE FOR ASSURING SECURITY OF SERVERS.

General

Terms of Services may change without prior advance notification.

These Terms of Service constitute a legally binding contract between Hotwire Networks and the subscriber.

The act of opening an account constitutes the subscriber agreement to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and may be changed by Hotwire Networks administrators without prior advance notice.

All prices are nonnegotiable and nonrefundable, with the exception of the 30-day money back guarantee.

Virtual Dedicated and Full Dedicated server plans are not eligible for the 30-day money back guarantee. The 30-day money back guarantee does not apply to Virtual Dedicated and Full Dedicated server plans.

Any Terms of Service violations will effectively result in termination of the services and termination of the account. Hotwire Networks reserves the right to terminate any account without prior advance notification.

We also reserve the right to remove or terminate any specific account with 15 days prior notice.

Dispute Resolution

Any dispute between Hotwire Networks and a subscriber shall be determined by arbitration conducted by the American Arbitration Association compliance with its commercial arbitration rules. The arbitrator shall settle any dispute in accordance with Florida law, without utilizing the choice of law principles. Each party shall bear its own legal fees and expenses for the arbitration. Arbitration will be conducted in Lee County, Florida, unless each party consents in writing to a different location. The arbitration decision is legally enforceable as a judgment of any court having proper jurisdiction.

Indemnification

Customer consents to hold harmless and indemnify Hotwire Networks, its subsidiaries, their affiliates and each of their individual officers, employees, directors, agents and shareholders (each considered an "Indemnified Party") against any claims, losses, claims, liabilities, damages, actions, judgments, penalties, proceedings, or any and all costs thereof (collectively, "Losses") to which an Indemnified Party may become subject and which Losses relate to or originate out of the Agreement, Customer's usage of the Services and Products, violation of any obligations of confidentiality or any assumed trademark infringement, patent, copyright or any other intellectual property right and will reimburse the Indemnified Party for all expenses legal and otherwise, including reasonable attorneys' fees incurred by such Indemnified Party, in relation with defending, investigating, or settling any Losses, whether or not in relation with threatened or pending litigation in which said Indemnified Party is a party.

Hotwire Networks at the request of the CUSTOMER, may from time to time, be enlisted to perform server administration duties on CUSTOMER hardware which is co-located at Hotwire Networks facilities. Hotwire Networks will refer to this service as "Remote Hands". Customer consents to hold harmless and indemnify Hotwire Networks, its subsidiaries, their affiliates and each of their respective officers, directors, employees, agents and shareholders (each an "Indemnified Party") against any accidental damages caused to CUSTOMER hardware in the execution of Hotwire Networks remote hands server administration.

 

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