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description= HostPapa’s web hosting terms of service has been designed to ensure all of our customers receive the high level of service they are entitled to.;
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rs or undertake any act in violation of any applicable local provincial state national or international law or regulation including any laws relating to the export of data or software or the protection of human rights and unacceptable uses of the services or hostpapa s technology infrastructure may also include but are not limited to hosting materials or performing activities such as unsolicited mailings newsgroup spamming hosting topsites for the purpose of distributing storing or archiving warez releases copyrighted mp3 illegal content copyright infringement trademark infringement cracks software serial numbers and running of any scripts executables or other programs or processes that can in any way adversely affect the performance of hostpapa s technology infrastructure hostpapa will be the sole and final arbiter as to what constitutes a violation of this policy disruptive uses you may not use the services or hostpapa s technology infrastructure in any manner that interferes with or disrupts hostpapa s other customers when any of the following events occurs in relation to any hosted web site it is a disruptive use a breach of these tos and hostpapa may exercise its rights under section 6 6 including suspending services generating a daily weekly or monthly volume of network traffic that is excessive in relation to amount of network traffic typically generated by hostpapa s other clients who have purchased similar hosting services generating spikes in network traffic usage that are out of proportion in volume or frequency to those typically generated by hostpapa s other clients who have purchased similar hosting services on a daily weekly or monthly basis consuming cpu or other processing resources in a manner that is excessive in relation to amount of network traffic typically generated by hostpapa s other clients who have purchased similar hosting services even if they do not come within a b or c above running peer to peer applications peer to peer file sharing proxy servers bit torrent online gaming servers proxy server network interactive relay chat irc interactive chat applications membership or community sites file sharing video sharing photo sharing or other resource intensive services or applications using ssd storage to store materials unrelated to or unnecessary for the operation of the web site for which the hosting services were purchased for example using ssd storage for data warehousing email storage backups of emails accounts backups of all or part of any computing telecommunications or mobile device or other forms of mass data storage or the sending of any commercial electronic messages promoting the web site or otherwise directing attention to the web site to any recipient without the recipient s consent no spam uce ube or spam originating from a server located on our network or associated with a hostpapa server is not tolerated this includes any email that promotes websites hosted on a server located on the hostpapa network but which is sent from an email address not associated with a hostpapa account music image and video files responding to and addressing copyright complaints is a time consuming process from time to time hostpapa scans its servers looking for mp3 mp4 and other file formats commonly used for music images or video if such files are detected amongst your content hostpapa may ask you to demonstrate that they are i owned or properly licensed by you and ii if licensed not being used in a manner that is inconsistent with that license if you fail to do so for any file or in the alternative remove the file from hostpapa s servers it is a breach of this section 6 3 and hostpapa may exercise its rights under these tos including section 6 6 and section 5 3 reporting if you become aware that any person has committed is likely to have committed or is likely to commit any act described in section 6 1 you will promptly report it to the help desk from which you receive technical support investigation hostpapa reserves the right to investigate suspected breaches of this section 6 and you agree to cooperate with hostpapa when asked to assist in any such investigation breaches if you breach this section 6 it is probable in hostpapa s sole discretion that you have breached or it is likely that you will breach this section 6 also in hostpapa s sole discretion hostpapa in its sole discretion may suspend or revoke your access to the services or hostpapa s technology infrastructure breaches of this section 6 may also result in you incurring criminal prosecution or civil liability others breaches hostpapa assumes no liability for enforcing or not enforcing the provisions in its other service agreements relating to acceptable use ip addresses hostpapa may assign one or more internet protocol addresses to you for use with the services you acknowledge that you have no right title or interest in or to any ip addresses assigned to you by hostpapa or its representatives in connection with any services hostpapa or its suppliers may change any such address at any time but hostpapa will use reasonable efforts to give you notice of any change if the affected ip address is a fixed ip address payment fees the fixed fees and or rates applicable to any service are set out in the online order form for the service the fees they may include one time fees these are typically for setting up the service and recurring fees please note that the online order form may also set out a rate increase that will become effective upon the expiration of a promotional rate such an increase will happen without further notice to you otherwise hostpapa will give you at least 30 days prior written notice of any increase to the fees promotions from time to time hostpapa may offer its services to new or existing clients at discounted or promotional rates you acknowledge that any such promotion is only applicable to one of your services if the promotion or discount is clearly set out as applicable on the online order form that you used to order the service expenses unless expressly set out otherwise in an applicable service description you will reimburse hostpapa for all registrar s fees or other related expenses incurred by hostpapa in relation to any third party service described in section 4 3 taxes you will pay any present or future sales goods and services excise value added or other similar taxes including any related interest or penalties imposed at any time by any governmental authority arising from or related to any services other than taxes based on hostpapa s net income payment of fees hostpapa accepts payment by credit card visa mastercard or american express alipay and paypal available payment types may vary from region to region information on the payment types accepted in your jurisdiction is available on the site in advance payment for hosting services is in advance when you order a hosting service you are required to pay the full amount of fees for the initial term and applicable taxes when a hosting service renews you are required to pay the full amount of fees for the renewal term and applicable taxes a hosting service renews when it has not been terminated by you prior to the last date of the initial term or any renewal term for which you have paid additional services fees for additional services applicable taxes and reimbursable expenses are due at the end of the month in which they are incurred automatic charging when hostpapa is entitled in accordance with this agreement to any fees applicable taxes or expenses such amounts will be automatically charged to the credit card alipay or paypal account that hostpapa has on file for you and you authorize hostpapa to do this hostpapa will send an invoice for these amounts to the email address that it has on file for you before doing so chargebacks please note that should any amount that you pay by credit card alipay or paypal be charged back to hostpapa you will incur an additional fee of 25 00 the payment will not have been received by the due date and hostpapa may restrict suspend or terminate the affected services and the overdue payment shall bear interest at the rate of one percent 1 per month an effective annual rate of 12 68 or the maximum rate permitted by law whichever is less further hostpapa shall be entitled to recover its collection costs including legal fees and expenses 30 day guarantee of hosting services if at any time during the 30 day period beginning on the date that you purchase hosting services for the first of your websites to be hosted by hostpapa you are not satisfied with the hosting services that you are receiving you may terminate this agreement by using the web based tool that hostpapa provides to you to manage your account to terminate the hosting service if you do so you will receive a refund please see our cancellation and refund policy for refund rules pertaining to hosting services and other services automated account updates hostpapa may participate in programs offered by your credit card provider to provide updates to your credit card info in cases where hostpapa is unable to successfully collect payment using your existing payment method these programs are called recurring billing or account updated services and they are often services provided by your credit card provider with the participation of your financial institution if hostpapa is unable to successfully charge your existing payment method your credit card provider or your bank may notify hostpapa of updates to your credit card number and or expiration date or may automatically charge your new credit card on hostpapa s behalf without notification to us in accordance with any recurring billing program requirements in the event that hostpapa is notified of an update to your credit card number and or expiration date hostpapa may automatically update your payment profile on your behalf hostpapa makes no guarantees that we will request or receive your updated credit card information you acknowledge and agree that it is your sole responsibility to modify and maintain the account including but not limited to properly canceling the services and ensuring your associated payment method s are current and valid further you acknowledge and agree that your failure to do so may result in the interruption or loss of the services and hostpapa shall not be liable to you or any third party regarding such interruption or loss term term this agreement shall be effective as of the date on which you order your first service and shall continue until terminated in accordance with the terms and conditions set out in section 10 of this agreement the term suspension and termination suspension if you breach any of these tos hostpapa may in its sole discretion restrict or suspend the services without prior notice to you and without an opportunity to cure the breach if you are given an opportunity to and you cure the breach or you demonstrate to hostpapa satisfaction that you have taken steps to prevent future breaches of the tos hostpapa will lift the restriction or suspension hostpapa will give you notice of any suspension or restriction whether or not a restriction affects your access to your content is in hostpapa s sole discretion please note that fees will be charged during the period of any suspension or restriction of services by you you may terminate any service at any time by using the web based tool that hostpapa provides to you to manage your account to terminate the service please note subject to section 8 10 any amounts paid in advance for services will not be refunded by hostpapa hostpapa may terminate any service by giving you at least 30 days written notice of the termination date hostpapa may terminate this agreement immediately and without prior notice to you if you breach section 6 acceptable use if you breach section 8 payment and do not cure that breach within 10 days of the breach or if you breach any other section of these tos and do not cure that breach within 15 days survival those sections of this agreement which by their nature should survive the termination or expiration of this agreement including but not limited to 3 4 4 2 g 4 2 l 4 3 b 4 3 c 5 7 8 10 4 11 12 13 14 16 and 17 will remain in full force and effect following the expiration or termination of this agreement renewals services purchased for a set period for example three years will be automatically renewed upon the expiry of that period unless you give hostpapa written notice of your intention to terminate them at least 30 days prior to the expiry of that period they will be renewed at hostpapa s then current rates for such services warranties and disclaimers the internet is a complex network of equipment services and providers of information thus the service may not be available to you at all times you acknowledge that the hosting services and other services may not always be available and with the exception of any express warranties contained in this agreement hostpapa expressly disclaims any other representations warranties or conditions with respect to the hosting services or otherwise arising from this agreement whether express or implied past or present statutory or otherwise including without limitation any implied warranties or conditions of merchantability or fitness for a particular purpose and any warranty that the hosting services will be uninterrupted or error free limitations of liability limit in no event shall the total cumulative liability of hostpapa including its representatives and suppliers to you the client for any claims arising out of or relating to this agreement exceed the amount paid by you the client during the 12 month period preceding the date on which you the client make your first claim for damages indirect damages hostpapa including its representatives and suppliers shall not be liable to you the client or your end users in any way whatsoever for any indirect punitive incidental special or consequential damages including but not limited to loss of data revenue or profit resulting from or arising in connection with this agreement or the provision or use of the hosting services this limitation shall apply whether or not such damages are foreseeable or whether hostpapa has been advised of the possibility of such damages some jurisdictions do not allow the exclusion of incidental special or consequential damages if any jurisdiction having applicability to the tos does not permit any such exclusion or limitation hostpapa s total liability to you in connection with any incidental special or consequential damages will be limited by section 12 1 allocation of risk you the client and hostpapa understand and agree that to the extent permitted by applicable law the foregoing exclusions and limitations of liability represent the parties agreement as to allocation of risk between them in connection with their respective obligations under this agreement the fees payable to hostpapa reflect and are set ...
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