Shared Hosting Terms of Service

Hotwire Networks

 

   

 

 

Hotwire Networks provides web hosting services to subscribers and customers all over the globe. The terms of service below are created to provide the most distinguished service possible.

Content

All Hotwire Networks services are to be used for legal purposes only. Storage, transmission or display of any, data, material or information violating any United States Local, Federal or State law is strictly prohibited and not allowed. This encompasses, but is not confined to: material Hotwire Networks judges to be obscene or threatening, copyrighted material, or material protected or safeguarded by trade secrets or other laws, or material that jeopardizes national security. The subscriber agrees to indemnify and hold harmless Hotwire Networks, from any claims as a result of the subscriber's use of Hotwire Networks services which damages the subscriber or any other party.

Note: Sexual and pornography related merchandising are not allowed on any Hotwire Networks shared account. This is not limited to but includes sites that may suggest sexual content, or links to adult content somewhere else. This also includes sites that encourage any illegal activities or content potentially harmful to Hotwire Networks servers or any other server on the Internet. Links to such materials and content are also strictly prohibited.

Prohibited content or links include (but are not confined to):

  • IRC Software
  • Hacking programs, sites or archives
  • Game Servers (dedicated game server programs)
  • Pirated software
  • Warez Sites
  • Music Files or distribution of any materials in which the copyright is not owned by the account holder.
  • Adult Content Sites

Hotwire Networks will be the sole arbiter as to what establishes a violation of this provision. Content that fails to meet these standards will be removed without any prior notice, written or otherwise, to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

IRC - At this time, we do not currently permit IRC, Egg Drops, IRC bots or BNC to be operated on our network or servers. Files with references to IRC or a facsimile thereof are strictly not allowed. In addition, any and all program that acts in a similar fashion to an IRC server or that provides a chat function that runs as a background process are prohibited.

Proxies - Proxy servers of any type are not permitted, whether for business or personal use. Files referencing any proxy or facsimile thereof are not allowed.

PortScanning - Hotwire Networks does not allow portscanning of any kind from or on our network or servers.

Commercial Advertising via Email

  • Any type of high volume email deployments are not permitted with any Hotwire Networks shared account.
  • Spamming, i.e. the sending of unsolicited email, from any Hotwire Networks server or any server located on the Hotwire Networks network is STRICTLY prohibited. Hotwire Networks will be the exclusive (sole) arbiter as to what constitutes a violation of this provision. This also covers Opt-In/Opt-Out email programs and emails that directly or indirectly references a domain contained within an account at Hotwire Networks.
  • Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the verifiable and express permission of the owner of the email address is strictly prohibited. Hotwire Networks requires all mailing list operated by a Hotwire Networks customer be Closed-loop (Confirmed Opt-in). Hotwire Networks requires that the subscription confirmation message received from each address owner be kept on file for the duration of the life of the mailing list. Selling or purchasing of email address list or lists from 3rd parties for mailing to or from any Hotwire Networks-hosted domain, or referencing any Hotwire Networks account, is strictly prohibited.
  • Transmitting, advertising or in any way making available any program, software, service or product, that is created as a means to violate this AUP or the AUP of any other Internet Service Provider, including but not confined to, the facilitation of the means to send Unsolicited Bulk Email, flooding, initiation of pinging, text-bombing, mail-bombing, denial of service attacks or unsolicited bulk text messaging is prohibited.
  • Email address cultivation, or any unauthorized gathering of email addresses without the email address owner.s prior notification is strictly 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.

Promotions & Advertising Limitations

In the subsequent scenarios Hotwire Networks clients are prohibited from promoting, advertising or making claims related to services which are hosted upon infrastructure at Hotwire Networks. This limitation includes what is permitted to be declared on your website, to customers, in advertising materials and promotions. This limitation applies to assertions by the client which relate to services hosted by Hotwire Networks.

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

ShoutCast Servers - Hotwire Networks does not allow Shoutcast Servers in our Shared Hosting packages due to load and bandwidth issues.

Background Running Programs - We ask that users solicit permission from Hotwire Networks prior to enabling persistent background processes of significant load.

PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are not allowed.

Server Misuse and Abuse - Any endeavor to subvert, sabotage or cause damage to a Hotwire Networks server or a subscriber of Hotwire Networks is strictly prohibited including, but not restricted to:

  • Logging into any server or account that you do not have current authorization to access
  • Taking any action to obtain data or accessing data to procure services not intended for you or for your use
  • Making an attempt to scan, probe or test any networks. vulnerability, system, subsystem
  • Hacking, tampering, modifying, or otherwise breaching or corrupting authentication measures or security without proper authorization
  • Transmitting or sending material that contains Trojan horses, viruses, time bombs, worms, cancelbots or other computer programming engines or routines with the effect or intent of disrupting, impairing, destroying, or otherwise damaging a computer system.s operation or functionality
  • Interfering with, expropriating or intercepting any system, information or data
  • Interfering with service to any user, network or host including, without restriction, by means of "crashing," .overloading,. "flooding," or "mailbombing. any computer system

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

Account Authorization and Password Security

Hotwire Networks provides customers flexibility and control over their account access, passwords and authorization procedures. Customers have the responsibility for choosing the relevant authentication procedures and choosing the legitimate information that will be utilized for account authentication. It is the customer.s responsibility to safeguard their own account authentication information. Account access, server security and password security are the obligation and duty of the customer. Hotwire Networks will not be held liable for any damages, direct or indirect, that result from password compromise, unauthorized account access or hacking.

Technical Support & World Class Support

Hotwire Networks World Class Support includes access to technical support provided via email, livechat or phone. Hotwire Networks has three levels of World Class Support from Fully Managed, Core Managed and Self Managed. Details for each level of support are provided at: https://www.hotwirenetworks.com/support/support-overview.html

Hotwire Networks technical support is strictly limited to the direct customer of Hotwire Networks and not to in-direct client. For example, a client of the Hotwire Networks Customer is not entitled to World Class Support from Hotwire Networks and should at no time be given Passwords, Account Access, or Passphrases for Hotwire Networks World Class Support. It is the obligation of the Hotwire Networks customer to establish compliance with this policy.

Best Effort Support

Hotwire Networks will, when feasible as a kindness to its customers, provide Best Effort Support on applications, products and 3rd party software that is not plainly and explicitly covered under the customers management contract. Best Effort Support means that when possible Hotwire Networks technicians will furnish their best effort to help support our customers. Best Effort Support may vary dramatically and is not guaranteed. No guarantees or warranties are provided on Best Effort Support.

Downtime and Scheduled Maintenance

Hotwire Networks will use it.s commercially reasonably efforts to maintain services 24 hours a day, 7 days a week. Subscriber acknowledges that from time to time services may be inoperable or inaccessible for a variety of reasons, including upgrades ("Scheduled Downtime.), routine maintenance procedures, or service malfunctions, and causes beyond Hotwire Networks control or which are not reasonably foreseeable by Hotwire Networks, including the failure or interruption of telecommunications or digital transmission links, network congestion or other failures including but not limited to hostile network attacks. Hotwire Networks will provide a minimum of 48 hours prior notice to the subscriber for any Scheduled Downtimes, and will use commercially reasonable efforts to reduce and minimize other disruption, inaccessibility and/or inoperability of its web servers. Hotwire Networks has no responsibility for downtimes that occur as a result of a user's actions. Also, the 100% network uptime guarantee does not apply for shared accounts.

Refunds

Refunds will be provided for FULL months only, excepting plans including a 30 day money back guarantee (shared hosting only). Virtual Private, Virtual Dedicated, and Dedicated servers are not 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 fee is NON refundable. $15 per domain will be deducted from any refunded monies if the user's domain was registered through Hotwire Networks free domain registration process.

Account Setup, Termination, and Billing:

Each and every account is charged on the day 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 the account was opened. Violating any part of Hotwire Networks Terms of Service Agreement will result in no refund.

Promotional Use

Hotwire Networks may refer to You, Your company, or your logos for promotional reasons. Your company logos, name and the services provided by Hotwire Networks to its customers may be used in advertising, promotional materials, newsletters, marketing releases, public disclosures and on the Hotwire Networks website. Any reference will be restricted to disclosures that Hotwire Networks has provided services to your company. It will not include any sensitive, confidential or proprietary information in such a reference. The reference will also not relate any identifiable personal information about the individual or technical information relating to the server design and configuration utilized by the Hotwire Networks customer. However, Hotwire Networks may disclose any information requested or required by law enforcement or when compelled by applicable laws, court orders or regulations.

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

Limitations of Use

Any account using 15% or more of the server memory or CPU can be immediately suspended and/or terminated.

Any account using unreasonable amounts of bandwidth can and will be vulnerable and liable to bandwidth throttling.

Background Processes. Unauthorized background processes will cause immediate and prompt termination of the account. Hotwire Networks maintains the right to terminate accounts at its discretion.

Account Setup, Billing and Termination:

The account will be charged on the day 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 recurring on the day the account was opened.

Check Orders: Accounts will be set up once Hotwire Networks receives the check for subscribers and customers who prefer to pay by check.

Credit Card Charge Backs and Returned Check Fee A penalty fee of $25 will be charged to any customer.s account for any check that was not honored by the customer.s financial institution. If the check was returned in error, this fee will be waived provided that 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 customer.s 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 charged to any customer.s account for any charge back received by their financial institution. The original charge amount and penalty fee must be paid immediately in order to guarantee that services will remain available and online. A customer or anyone paying on the customer.s behalf 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 chargeback 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 chargebacks, each account will be assessed the $50 fee. Chargebacks received are reversed from the customer.s 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.

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

HOTWIRE NETWORKS REMEDY UPON DEFAULT; TERMINATION. In addition to all rights and remedies granted to Hotwire Networks in this Terms of Service (including, but not limited to, the right to charge and collect Late Charges), upon the occurrence of an Event of Default, Hotwire Networks shall have the right (a) to cease providing the Services to Customer without notice to Customer, (b) upon not less than one (1) business days written notice to Customer, to terminate the Hosting Services, all at Customer.s cost and expense. Upon such termination, Customer agrees to and shall 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: Valid proof of account ownership will be mandatory to terminate an account. This includes, but is not restricted to, an account passphrase or the billing password created by customers. Non-secure information, such as the account billing address or contact email address, is not sufficient evidence as a security verification. The month-to-month agreement for services will automatically renew 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 incur for Services to customer in the event a formal cancellation request is not submitted.

Domain Name Transfers: Hotwire Networks shall not be held responsible for domain transfers. Any necessary domain name transfers are the responsibility of the account holder.

Free Domain Name Registration: Hotwire Networks will register any available .com, .net or .org, or domain for free upon creation of a new account. Existing accounts are not eligible for the free domain offer. Orders that did not request the free domain registration at the time the order was placed will not receive free domain name registration. The free domain is only limited to traditional top level domains (TLD) such as .com, .net, . org, .edu. For non common top level domains, additional fees will apply

Free registration is only for the first year, subsequent annual renewals are $15 per year that the domain is renewed for.

If Free SSL Secure Certificate was chosen (on Professional Plan & Semi-Dedicated Plans promotional offer only) this offer is for new sign ups only and extends to the first year the certificate is issued. Payment for subsequent renewal(s) of each certificate is the sole responsibility of the customer and must be made in advance prior to certificate renewal. For renewal requests, please contact support@hotwirenetworks.com.

Overage Fees and CDN (Content Delivery Network) Bandwidth

When choosing to use our Content Delivery Network (CDN) to quicken your website - as well as videos/images/etc on said website . the customer is responsible for all bandwidth costs associated with delivery of your website content over the public internet. This responsibility includes bandwidth costs incurred due to piracy. Hotwire Networks makes options easily available that can prevent overage charges caused by .hot-linking.. When using a CDN, all assets are assigned a CDN URL. There are individuals, or 3rd party sites, that target these asset URLs and serve them without the site owner.s permission. We firmly recommend that you take steps to protect your content, yourself and your invoice from hot-linking. Due to a range of customer preferences, Hotwire Networks does not enable hot-linking protection measures by default. It is recommended that you take steps to protect yourself such as:

  1. Verify alerts containing information on abnormal CDN bandwidth usage
  2. Constantly monitor bandwidth utilization
  3. Implement proactive measures to make accessing your website.s source code more laborious

Courtesy Services for Customers

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

Limitation of Liability or Damages

EXCEPT AS DESCRIBED IN THE SLA, HOTWIRE NETWORKS INC SHALL NOT BE LIABLE TO CUSTOMER FOR HARM RELATED TO OR CAUSED BY CUSTOMER'S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. HOTWIRE NETWORKS INC. SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF HOTWIRE NETWORKS INC AND ANY OF ITS EMPLOYEES, AFFILIATES OR AGENTS, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED ON THE ACCOUNT. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, HOTWIRE NETWORKS 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 LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, SUITABILITY AND USE OF ANY SERVICE AND PRODUCT AND HOTWIRE NETWORKS INC SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FOREGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF SERVERS.

General

Terms of Service are subject to change without any prior advance notification.

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

By opening an account, the subscriber agrees to the above-stated terms.

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

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

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

Any violation of these Terms of Service will result in account termination. Hotwire Networks maintains the right to terminate accounts without prior advance notification.

Hotwire Networks reserves the right to remove or terminate any specific account with 15 (fifteen) days prior notice.

Dispute Resolution

Any disputes between Hotwire Networks and a subscriber will be resolved by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any disputes in accordance with Florida law, without the application of choice of law principles. Each party shall bear its own costs and legal fees for the arbitration. The arbitration shall be conducted in Lee County, Florida, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.

 

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