These Terms of Service (the “Agreement”) are an agreement between Hostorigins or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Hostorigins and of the hostorigins.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services. PLEASE BE AWARE THAT THERE ARE CLASS ACTION AND ARBITRATION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.
Additional Policies and Agreements:
Use of the Services is also governed by the following policies, which are incorporated by reference into this Agreement and form one in the same. By using the Services, you also agree to the terms of the following policies.
Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
Account Eligibility:
By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.If you use the Services on behalf of a legal entity or another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, up-to-date, truthful, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Hostorigins is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the Hostorigins Billing and Support System. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
Third Party Products and Services:
Hostorigins may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing. hostorigins does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.
Account Security and Hostorigins Systems:
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Hostorigins may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Hostorigins may, at our discretion, request documentation to prove that your access to a third party network or system is authorized. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by Hostorigins of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, Hostorigins may clean-up your account for an additional fee.
Hostorigins reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
HIPAA Disclaimer. We are not “HIPAA compliant.”:
You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Hostorigins does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Hostorigins is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact support@hostorigins.com
Compatibility with the Services:
You agree to cooperate fully with Hostorigins in connection with Hostorigin’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Hostorigins is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Hostorigins to provide the Services, which may be changed by Hostorigins from time to time in our sole discretion.
You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Hostorigins does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
Billing and Payment Information
Multiple Accounts:
Users may not jump to multiple accounts to abuse “new customer” discounts. Users in violation of this policy will have both accounts suspended until all outstanding invoices are satisfied. Users that abuse our discount system are subject to termination without a refund.
Prepayment:
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Autorenewal.
Unless otherwise provided, you agree that until and unless you notify Hostorigins of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Taxes.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Hostorigins invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
Late Payment.
All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Hostorigins may suspend or terminate your account and pursue the collection costs incurred by Hostorigins, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Hostorigins will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Domain Payments.
It is solely your responsibility to notify Hostorigins’s Billing department via a support ticket created from https://www.hostorigins.com/dashboard/?ccce=submitticket after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Hostorigin is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
Fraud.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Hostorigins may report any such misuse or fraudulent use, as determined in Hostorigin’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
Invoice Disputes.
You have ninety (90) days to dispute any charge or payment processed by Hostorigins. If you have any questions concerning a charge on your account, our billing department directly for assistance.
Money-back Guarantee.
Hostorigins offers a thirty (7) day money- back guarantee for Hostorigins Gogeek hosting services plan only. Subject to the terms described herein, if you are not completely satisfied with these hosting services and you terminate your account within thirty (7) days of signing up for the Services, you will be given a refund of the amount paid for hosting minus a any setup fees. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.
Uptime Guarantee.
If your server has a physical downtime that falls short of the 99.9% uptime guarantee, you may credits on your account as permitted by us and at our discretion. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Hostorigins and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.
Backups and Data Loss.
Your use of the Services is at your sole risk. Hostorigins’s backup service runs once a night and overwrites any of our previous backups. Only one night of backups are kept at a time. Hostorigins is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Hostorigin’s servers.
Entire Agreement.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
Changes to the Agreement or the Services.
Hostorigins may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Hostorigins website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
Hostorigins reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Electronic Notices.
The communications between you and Hostorigins use electronic means, whether you visit the Platform or send Hostorigins e-mails, or whether Hostorigins posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Hostorigins in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Hostorigins provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.