Introduction

Hostakers (Hostakers, “we”, “us”). This legally binding contract (the "Agreement") is by and between Hostakers and you and your assigns, employees, agents or contractors ("You", "Your", the "Client") and is effective as of the date you purchase hosting services from Hostakers. This Agreement sets forth the terms and conditions of Your use of Hostakers's services (collectively, the "Services") and represents the entire agreement between You and Hostakers relating to the Services. This Agreement contains provisions that set forth Hostakers's Acceptable Use Policy, Privacy Policy and guarantees of a certain service level (found in the sections below).

By purchasing the Services, You acknowledge and agree that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies that Hostakers may establish and post on its website from time to time.

Ownership and Services Purchased

The individual or entity set out in our records as the primary billing contact shall be the owner of the account.

The features and details of the Services governed by this Agreement are described on the web pages setting out the particular services or products you have purchased (“Service Description Page”) based on their description on the Service Description Page as of the Effective Date, as defined below. Hostakers may modify the products and services it offers from time-to-time. Should the Service Description Page change subsequent to the Effective Date, we have no obligation to modify the Service to reflect such a change. The services and products provided to you by Hostakers as set out on the Service Description Page, are referred to as the “Services.”

Certain aspects of the Services are provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. You may terminate this Agreement if such a change materially affects the Services.

Terms of Aagreement

This 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 Hostakers, or by the posting by Hostakers of a revised version.

The term of this Agreement is set to the Customer's billing term (“Term”). If no Term is set out, the Term shall be one (1) year. Upon expiration of the initial Term, this Agreement shall renew for periods equal to the length of the initial Term, unless one party provides notice of its intent to terminate as set out in this Agreement.

Payments and Billing

Fee 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.

Your “Billing Term” is the period of time you have chosen to receive bills for the Services. For example, your Billing Term may be monthly, quarterly, or annually.

Hostakers is only able to automatically collect payment from customers with credit cards stored on file (as opposed to credit cards used one for one time transactions) or active PayPal subscriptions. All other payment methods (one time credit card payments, check, money order, PayPal one time payments, etc.) must be initiated manually by you. It is your obligation to ensure that reoccurring fees are paid on their due date.

As a customer of Hostakers, it is your responsibility to ensure that all billing information on file with Hostakers is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. Hostakers screens all orders for fraud and other unethical practices. Services will not be activated until this fraud screen is completed. In certain cases, if your account is flagged for fraud, third party services, such as domain name registrations, will not be processed. Hostakers has no liability for the failure to provide Services, including third party services, if your account fails its fraud screen.

Late Payments and Termination

Hostakers 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.

In the event you fail to pay your invoice within 5 days of the due date, we reserve the right to suspend your service.

If you are still past due 14 days after the initial due date, we reserve the right to terminate your service entirely and reformat your server.

Hostakers is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, Hostakers reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.

Overage Billing

"Overage" is defined as usage of the Services provided by Hostakers 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 Hostakers 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 Refunds

Hostakers 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, Hostakers 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 Termination

Hostakers 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 Hostakers 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 Hostakers 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.

No refunds are offered on dedicated server packages, custom packages, setup fees, domain registrations, domain transfers, domain renewals, SSL certificates, dedicated IP addresses, advanced support fees, processing fees, or software licenses. Hostakers reserves the right to deduct fees for value added services that may have been included in the Services at no additional fee, such as a WHMCS license, cPanel license or SSL certificate, from any refunds.

Exchange rate fluctuations for international payments are constant and unavoidable. Like all payments, all refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Hostakers is not responsible for any change in exchange rates between time of payment and time of refund. In addition, Hostakers reserves the right to refuse a refund at any time for any or no reason.

Chargebacks and Payment Disputes

If Hostakers 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 Hostakers 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 Hostakers’s billing team to address any billing issues. If Hostakers appeals a chargeback or other payment dispute and wins the dispute or appeal, the funds will likely be returned to Hostakers 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 Usage

The 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 Modifications

Hostakers reserves the right to add, modify, or remove any or all features from any service Hostakers 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 Hostakers 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.

Advanced Support

Support to Customer is limited to Hostakers’s area of expertise and is available only for issues related to the physical functioning of the Services. Hostakers does not provide support for any third party software including, but not limited to, software offered by but not developed by Hostakers. Hostakers 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 Hostakers’s sole discretion, is: (a) outside the scope of standard support; or (b) caused by customer error or omission. Hostakers 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 Services

Your use of Hostakers's Services is at your sole risk. This service is provided to you as a courtesy. Hostakers 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 Hostakers's servers. Any and all backup services provided by Hostakers, 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 Hostakers's automatic backup process.

If you ask Hostakers to restore a backup of your data that is located on a backup server maintained by Hostakers, you agree to pay a non-refundable "restoration fee" of $10.00 per backup restored to complete the request. By requesting that Hostakers restore a backup for you, you also confirm a backup restoration will overwrite any and all current data on your account. Hostakers cannot be held liable if a backup restoration does not complete successfully. Hostakers will never charge a backup fee to restore a backup to address an error or omission caused by Hostakers.

Restrictions On Storage Space Usage

All 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 Hostakers, 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 Release

The services offered by Hostakers are being provided on an "AS IS" and Hostakers 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, Hostakers expressly does not warrant that the Hostakers 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 Hostakers 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 Hostakers is aware of or has been advised of the possibility of such damages.

Indemnification

Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Hostakers and all affiliates of Hostakers, and all officers, agents, employees, and representatives of Hostakers, 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 Hostakers products and/or services by Hostakers and its agents and employees. Further, You agree to defend, indemnify and hold Hostakers 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 Hostakers be notified of a pending law suit, or receive notice of the filing of a law suit, Hostakers may seek a written confirmation from You concerning Your obligation to defend, indemnify Hostakers. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Hostakers shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Hostakers of any such claim promptly in writing and to allow Hostakers to control the proceedings. You agree to cooperate fully with Hostakers during such proceedings.

Termination

You agree that You will be responsible for notifying Hostakers should You desire to terminate Your use of Hostakers's Services. Notification of Your intent to terminate must be provided to Hostakers no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date.

Notice

You 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 Age

You attest that you are of legal age to enter into this Agreement.

No Agency Relationship

Nothing 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.

Waiver

The 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 Majeure

Neither 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 Hostakers, 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, Hostakers may immediately terminate this Agreement.

Enforceability

In 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 Resale

Except 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 Hostakers's prior express written consent.

Changes to the Terms of Services

Changes to the Terms of Services Hostakers 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.